The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations 2022

Amendment of the 1976 Regulations

2.—(1) The 1976 Regulations are amended as follows.

(2) In regulation 1(2), after the definition of “doctor”, insert—

““healthcare professional” means a person, not being the patient, who is—

(a)

a registered medical practitioner(1);

(b)

a registered nurse(2);

(c)

a registered occupational therapist or registered physiotherapist(3);

(d)

a registered pharmacist within the meaning of article 3 of the Pharmacy Order 2010(4);”.

(3) In regulation 2(1), for “doctor” substitute “healthcare professional”.

(4) In regulation 5(1), for “doctor” substitute “healthcare professional”.

(5) In Schedule 1, Part 1, rule 1—

(a) in the definition of “assessment”—

(i) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(ii) after “other health” omit “care”;

(b) omit the definition of “doctor”;

(c) in the definition of “other health care professional”—

(i) for ““other health care professional”” substitute ““other health professional””;

(ii) for “registered medical practitioner” substitute “healthcare professional”;

(iii) omit “a registered nurse,”;

(iv) omit “an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999,”.

(6) In Schedule 1, Part 1, rule 2—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(7) In Schedule 1, Part 1, rule 3—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(8) In Schedule 1, Part 1, rule 4—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”.

(9) In Schedule 1, Part 1, rule 5—

(a) for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”;

(b) for “doctor”, in each place where it occurs, substitute “healthcare professional”;

(c) in sub-paragraph (h), for “otherwise).” substitute “otherwise); and”;

(d) after sub-paragraph (h), insert “(i) the profession of the healthcare professional.”.

(10) In Schedule 1, Part 1, after rule 5 insert the following—

“5A.   Where the healthcare professional’s statement is in the form set out in Part 2 of this Schedule—

(a) the healthcare professional’s name shall, irrespective of their profession, be recorded next to the words “doctor’s signature”;

(b) the healthcare professional’s address shall, irrespective of their profession, be recorded next to the words “doctor’s address”; and

(c) the healthcare professional shall record their profession within the statement in such place as appears to them to be appropriate.”.

(11) In Schedule 1, Part 1, rule 6—

(a) for “doctor” substitute “healthcare professional”;

(b) for “doctor’s” substitute “healthcare professional’s”.

(12) In Schedule 1, Part 1, rule 7, for “doctor”, in both places where it occurs, substitute “healthcare professional”.

(13) In Schedule 1, Part 1, rule 8, for “doctor’s” substitute “healthcare professional’s”.

(14) In Schedule 1, Part 1, rule 9, for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(15) In Schedule 1, Part 1, rule 10, for “doctor’s”, in each place where it occurs, substitute “healthcare professional’s”.

(16) In Schedule 1, Part 1, rule 11, for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(17) In Schedule 1, Part 1, rule 12—

(a) for “doctor’s” substitute “healthcare professional’s”;

(b) for “doctor” substitute “healthcare professional”.

(18) In Schedule 1, Part 1, rule 13—

(a) for “doctor”, in both places where it occurs, substitute “healthcare professional”;

(b) for “doctor’s”, in both places where it occurs, substitute “healthcare professional’s”.

(19) In the following places, for the reference to “doctor’s” substitute “healthcare professional’s”—

(a) the heading of Schedule 1, Part 2;

(b) the heading of Schedule 1, Part 2A.

(1)

“Registered medical practitioner” has the meaning given by Schedule 1 to the Interpretation Act 1978 (c. 30).

(2)

“Registered nurse” has the meaning given by Schedule 1 to the Interpretation Act 1978.

(3)

“Registered”, in relation to an occupational therapist or physiotherapist, means registered in the register maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254); see Article 5(5) and Schedule 3 of that Order.

(4)

S.I. 2010/231, as amended by S.I. 2019/593.