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THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

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This is the original version (as it was originally made).

Further reference to medical authority

69.—(1) The Board and the person in respect of whom a medical authority has given a final decision (“the claimant”) may, by agreement, refer such decision to the said medical authority, for reconsideration of the decision and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report and certificate, which, subject to—

(a)any further reconsideration under this paragraph or paragraph (2); or

(b)an appeal, where the claimant requests that the appeal of which he has given notice (before referral of the decision under this paragraph) be notified to the Secretary of State and referred to an IMR,

shall be final.

(2) A tribunal hearing an appeal under regulation 63 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the said decision to the medical authority for reconsideration in the light of such facts as the tribunal may direct, and the medical authority shall accordingly reconsider the said decision and, if necessary, issue a fresh report which, subject to any further reconsideration under this paragraph, shall be final.

(3) If a claimant and the Board agree, or the tribunal decide, to refer a decision to the medical authority for reconsideration under this regulation and that medical authority is unable or unwilling to act, the decision may be referred to a duly qualified medical practitioner or practitioners agreed upon by the claimant and the Board or, as the case may be, selected by the tribunal, and his or, as the case may be, their decision shall have effect as if it were that of the medical authority who gave the decision which is to be reconsidered.

(4) In this regulation a medical authority (and cognate expressions) who has given a final decision, means—

(a)the SMP, if the time for appeal from his decision has expired without an appeal to an appeal board being made or if, following a notice of appeal to the Board, the Board have not yet notified the Secretary of State of the appeal; and

(b)the IMR, if there has been such an appeal.

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