{
  "url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/regulation-7",
  "json_url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/regulation-7.json",
  "legislation": "wsi/2004/2733",
  "legislation_title": "The Education (Health Standards) (Wales) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Determinations as to health or physical capacity",
  "text": "(1) Any such question as is referred to in regulation 6(4) is to be determined by the employer who, in order to do so —\n(a) must afford the person an opportunity to submit medical evidence and make representations to the employer;\n(b) must consider such evidence and representations and any other medical evidence available to the employer, including medical evidence relating to the person which has been supplied to the employer in confidence on the ground that, in the opinion of the person who supplied it, its disclosure to the person to whom it relates would not be in the best interests of that person;\n(c) may require the person to submit to an examination by a qualified medical practitioner appointed by the employer;\n(d) must, if the person in question so requests, arrange for such an examination;\n(e) may, if the person fails to submit to such an examination without good reason or fails or refuses to make available to the medical practitioner who carries out such examination such medical or other information as that practitioner may reasonably require, conclude, if such other evidence and information available to the employer justifies it, that the person in question does not have the necessary health or physical capacity, notwithstanding the fact that it would otherwise have been desirable that further medical evidence be obtained.\n(2) At any time before such medical examination as is referred to in paragraph (1)(c) or (d) is undertaken, the employer or the person may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination.\n(3) A qualified medical practitioner appointed by the person being examined may be present during any such medical examination as is referred to in paragraph (1)(c) or (d).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/2733/regulation/7",
    "retrieved_at": "2026-10-29T00:07:46.572019+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}