Regulation 16 Withholding medical report from disclosure in exceptional circumstancesI1

Northern Ireland

(1)

This regulation applies where the respondent wishes the Care Tribunal, in determining the case, to consider a medical report and the Chairman is satisfied –

(a)

that disclosure to the applicant of all or any part of the contents of the report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and

(b)

that in all the circumstances it would not be unfair if the report or that part of it is considered by the Care Tribunal.

(2)

The Chairman may appoint a person having appropriate skills or experience to –

(a)

assess whether disclosure of the report to the applicant would be harmful to the applicant’s health or welfare; and

(b)

report on the matter to the Chairman.

(3)

The Chairman may direct that –

(a)

the report may be considered by the Care Tribunal; and

(b)

all or any part of its contents must not be disclosed to the applicant.

Annotations

Commencement

I1: Reg. 16 in operation at 1.4.2005, see reg. 1(1)