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 “ a disabled person’s tax credit ”M1;

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.