24
F1In regulation 36—
a
in paragraph (1) the words “, including an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48," shall be omitted;
b
in paragraph (2) for the words “paragraphs (3) to (5)" there shall be substituted the words “
paragraphs (3) to (5), (8) and (9)
”;
c
in paragraph (2)(a)(i) for the words “all work test" there shall be substituted the words “
personal capability assessment
”;
d
in paragraph (2)(b)(i) after the words “the appeal" there shall be inserted the words “
(not being an appeal where the only issue is whether there should be a declaration of an industrial accident under section 29(2))
”;
e
in paragraph (5) for the words “or (3)" there shall be substituted the words “
, (3) or (9)
”;
f
in paragraph (6) for the words “a disability working allowance" there shall be substituted the words
M1“
a disabled person’s tax credit
”;
g
in paragraph (7) for the words “all work test" there shall be substituted the words “
personal capability assessment
”; and
h
after paragraph (7) there shall be added the following paragraphs—
8
A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.
9
Subject to paragraph (5), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48 shall consist of a legally qualified panel member.