Amendment of regulation 2.J.10
51.—(1) Regulation 2.J.10 (determination of questions) is amended as follows.
(2) For paragraph (3) substitute–
“(3) In relation to decisions within paragraph (4), the Scottish Ministers may require any person entitled, or claiming to be entitled, to a benefit under this Part to submit to a medical examination by a registered medical practitioner selected by the Scottish Ministers and in that event, the Scottish Ministers must also offer the person an opportunity of submitting a report from the person’s own medical adviser as a result of an examination by that medical adviser, and the Scottish Ministers must take that report into consideration together with the report of the medical practitioner selected by the Scottish Ministers.”.
(3) After paragraph (4)(c) insert–
“(cc)regulation 2.D.15(1) (option for members in serious ill health to exchange pension for lump sum);”.