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Paragraph 4 Appeals against decisions based on medical advice

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

(1)

A person who wishes to appeal against an authority’s decision on an issue of a medical nature may do so to a Board of medical referees in accordance with the provisions of Annex 2.

(2)

Subject to paragraph (3), where a decision—

(a)

is made with regard to an opinion obtained under rule 2(2) or medical evidence relied on as mentioned in rule 2(6), or

(b)

is reconsidered under rule 3(4) with regard to a rule 3 response,

the authority shall, within 14 days of making, confirming or revising the decision (as the case may be), send to the person concerned the documents mentioned in paragraph (4).

(3)

Nothing in paragraph (2) requires the supply of documents that have already been supplied under rule 2(7) or 3(5).

(4)

The documents are—

(a)

a copy of the opinion, response or evidence (as the case may be);

(b)

an explanation of the procedure for appeals under this rule, (“the explanation”), and

(c)

a statement that, if the person wishes to appeal against the authority’s decision on an issue of a medical nature, he must give written notice to the authority, stating his name and address and the grounds of his appeal, not later than 28 days after he receives the last of the documents required to be supplied to him under this paragraph, or within such longer period as the authority may allow.