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Social Security Act 1973

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28In section 74 of the Act—

(a)in subsection (1) for " provisions of sections 63 to 71 " substitute " foregoing provisions of this Part and of section 84(1) to (5) of the Social Security Act;

(b)after subsection (1) insert—

(1A)Subsection (1) shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision ; and this subsection applies not only to subsection (1) but also to provisions of earlier Acts corresponding to that subsection and applies as regards the effect to be given in any proceedings to any decision, whether the decision was given or the proceedings commenced before or after the passing of the Social Security Act.;

(c)in subsection (2)—

(i)for " sections 63" substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 ";

(ii)after paragraph (c) insert—

(d)that in such cases as may be prescribed one or more medical practitioners shall sit with a local tribunal either as additional members or as assessors and for the appointment by the Ministry of medical practitioners to act for this purpose either generally or for such cases or for such tribunals as the Ministry may determine ;

(e)for extending and defining the functions of assessors for the purposes of this Act;

(f)for empowering the Ministry, a local tribunal or an insurance officer to refer to a medical practitioner for examination and report any question arising for its, their or his decision ;

(g)for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of the determination of, or of any question arising on, any claim if, in the opinion of the prescribed authority, being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made, disclosure of those particulars to that person would be undesirable in the interests of that person ;;

(iii)for " sections 63 to 73 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 72 ".

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