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Paragraph 3 Review of medical opinion

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where—

(a)

new evidence on an issue wholly or partly of a medical nature is presented to the authority by a person in respect of whom a decision has been made under rule 2,

(b)

the authority receive that evidence—

(i)

where a copy of an opinion was supplied in accordance with paragraph (7) of rule 1, within 28 days of the receipt by that person of that copy, and

(ii)

in any other case, within 28 days of the receipt by that person of notice of the authority’s decision, and

(c)

the authority and the person concerned agree that the IQMP should be given the opportunity of reviewing his opinion in the light of the new evidence,

the authority shall send a copy of the new evidence to the IQMP and invite him to reconsider his opinion.

(2)

An IQMP’s response to an invitation under paragraph (1) shall be in writing.

(3)

An IQMP’s rule 3 response shall be binding on the authority unless it is superseded by the outcome of an appeal under rule 4.

(4)

As soon as reasonably practicable after receiving a rule 3 response, the authority shall reconsider their decision.

(5)

Within 14 days of that reconsideration, the authority shall—

(a)

give written notice to the person concerned that they have confirmed their decision or revised their decision (as the case may be),

(b)

if they have revised their decision, supply him with written notice of the revised decision, and

(c)

supply him with a copy of the rule 3 response.