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Statutory Instruments

1985 No. 1604

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Sick Pay (Medical Evidence) Regulations 1985

Made

22nd October 1985

Laid before Parliament

29th October 1985

Coming into Operation

6th April 1986

The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 17(2A) of the Social Security and Housing Benefits Act 1982(1), and of all other powers enabling him in that behalf, by this instrument, which contains only provisions consequential upon section 20 of the Social Security Act 1985 and regulations made under the aforesaid section 17(2A), makes the following regulations:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Statutory Sick Pay (Medical Evidence) Regulations 1985 and shall come into operation on 6th April 1986.

(2) In these regulations, unless the context otherwise requires—

[F1“the 1992 Act” means the Social Security Administration Act 1992;]

[F2“healthcare professional” means a person, not being the patient, who is—

(a)

a registered medical practitioner;

(b)

a registered nurse;

(c)

a registered occupational therapist or registered physiotherapist;

(d)

a registered pharmacist within the meaning of article 3 of the Pharmacy Order 2010;]

“signature” means, in relation to a statement given in accordance with these regulations, the name by which the person giving that statement is usually known (any name other than the surname being either in full or otherwise indicated) written by that person in his own handwriting; F3...

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Medical information

2.—[F5(1) Medical information required under section 14(1) of the 1992 Act relating to incapacity for work shall be provided either—

(a)in the form of a statement given by a [F6healthcare professional] in accordance with the rules set out in Part 1 of Schedule 1 to these Regulations; or

(b)by such other means as may be sufficient in the circumstances of any particular case.]

(2) An employee shall not be required under [F7section 14(1) of the 1992 Act] to provide medical information in respect of the first 7 days in any spell of incapacity for work; and for this purpose “spell of incapacity” means a continuous period of incapacity for work which is immediately preceded by a day on which the claimant either worked or was not incapable of work.

Textual Amendments

Modifications etc. (not altering text)

Signed by authority of the Secretary of State for Social Services.

Tony Newton

Minister of State

Department of Health and Social Security

Regulation 1(3)

SCHEDULE 1

[F8PART 1RULES

Textual Amendments

1.  In these rules, unless the context otherwise requires—

“assessment” means either a consultation between a patient and a [F9healthcare professional] which takes place in person or by telephone or a consideration by a [F9healthcare professional] of a written report by another [F9healthcare professional] or other health F10...professional;

“condition” means a specific disease or bodily or mental disability;

F11...

“[F12other health professional]” means a person (other than a [F13healthcare professional] and not being the patient) who isF14..., a registered midwife, F15... or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

“patient” means the person in respect of whom a statement is given in accordance with these rules.

Textual Amendments

2.  Where a [F16healthcare professional] issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the [F17healthcare professional’s] statement shall be in a form set out at Part 2 [F18or Part 2A] of this ScheduleF19....

Textual Amendments

3.  Where a [F20healthcare professional] issues a statement in any case other than in accordance with rule 2, the [F21healthcare professional’s] statement shall be in the form set out in Part 2 [F22or Part 2A] of this Schedule or in a form to like effectF23....

Textual Amendments

4.  A [F24healthcare professional’s] statement must be based on an assessment made by that [F25healthcare professional].

Textual Amendments

5.  A [F26healthcare professional’s] statement F27...shall contain the following particulars—

(a)the patient’s name;

(b)the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the [F26healthcare professional’s] statement is based;

(c)the condition in respect of which the [F28healthcare professional] advises the patient they are not fit for work;

(d)a statement, where the [F28healthcare professional] considers it appropriate, that the patient may be fit for work;

(e)a statement that the [F28healthcare professional] will or, as the case may be will not, need to assess the patient’s fitness for work again;

(f)the date on which the [F26healthcare professional’s] statement is given;

(g)the address of the doctor[F29;] [F30and]

[F31(h)the name of the [F28healthcare professional] (whether in the form of a signature or [F32otherwise); and]]

[F33(i)the profession of the healthcare professional.]

F34...

Textual Amendments

[F355A.  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.]

Textual Amendments

6.  Subject to rule 8, the condition in respect of which the [F36healthcare professional] is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the [F37healthcare professional’s] knowledge of the patient’s condition at the time of the assessment permits.

Textual Amendments

7.  Where a [F38healthcare professional] considers that a patient may be fit for work the [F38healthcare professional] shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.

Textual Amendments

8.  The condition may be specified less precisely where, in the [F39healthcare professional’s] opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.

Textual Amendments

9.  A [F40healthcare professional’s] statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a [F40healthcare professional’s] statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.

Textual Amendments

10.  Where, in the [F41healthcare professional’s] opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the doctor’s statement is based, the [F41healthcare professional’s] statement shall specify that day.

Textual Amendments

11.  Subject to rules 12 and 13, the [F42healthcare professional’s] statement shall specify the minimum period for which, in the [F42healthcare professional’s] opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.

Textual Amendments

12.  The period specified shall begin on the date of the assessment on which the [F43healthcare professional’s] statement is based and shall not exceed 3 months unless the patient has, on the advice of a [F44healthcare professional], refrained from work for at least 6 months immediately preceding that date.

Textual Amendments

13.  Where—

(a)the patient has been advised by a [F45healthcare professional] that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the [F46healthcare professional’s] statement is based; and

(b)in the [F46healthcare professional’s] opinion, the patient will not be fit for work for the foreseeable future,

instead of specifying a period, the [F45healthcare professional] may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.

Textual Amendments

PART 2FORM OF [F47healthcare professional’s] STATEMENT]

Textual Amendments

[F48PART 2AALTERNATIVE FORM OF [F49healthcare professional’s] STATEMENT]

Textual Amendments

F50...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

EXPLANATORY NOTE

These Regulations contain provisions relating to the medical information which an employee may be required to produce for the purposes of statutory sick pay. They are all either made under section 17(2A) of the Social Security and Housing Benefits Act 1982, as inserted by section 20 of the Social Security Act 1985 (“the 1985 Act”) or are otherwise consequential upon section 20. As they are also made before the expiry of the period of 6 months beginning with the commencement of section 20 (6th April 1986), they are exempted by section 27(8)(m) of the 1985 Act from the requirement under section 10(1) of the Social Security Act 1980 (c.30) to refer proposals to the Social Security Advisory Committee and are made without reference to that Committee.

The Regulations and Rules in Schedule 1 prescribe the form of the statement to be issued by a registered medical practitioner advising an employee that he need not refrain from work or, as the case may be, that he should refrain from work for a period up to 6 months, or longer in certain circumstances.

Regulation 2(2) provides that medical information cannot be required in respect of an employee's first 7 days in any spell of incapacity for work.

(1)

section 17(2A) was inserted by the Social Security Act 1985 (c.53), section 20.