Paragraph 3 Review of medical opinion

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

Sch. 1 Annex A1 inserted by Firefighters’ Pension Scheme 2012 art. 4
Sch. 1 para. 2(1) words substituted by General and Specialist Medical Practice (Education, Training and Qualifications) 2010 Sch. 3 para. 15
Sch. 1 Pt. 13A inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch.
Sch. 1 Pt. 13B inserted by Firefighters’ Pension Scheme Order 2007 2010 Sch. para. 4
Sch. 1 Pt. 8 rule 3(1)(b)(i) words substituted by Firefighters' Pension Scheme Order 2007 2008 Sch. para. 8
Sch. 1 Pt. 13B omitted by Fire Reform (Pensions Amendments) 2013 art. 20
sch. 1 Pt. 8 rule 5 words substituted by Firefighters’ Pension Scheme 2018 sch. para. 2
Sch. 1 Annex 3 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 17
Sch. 1 Annex AB1 inserted by Firefighters’ Pension Scheme 2014 Sch. para. 15
Sch. 1 Annex ZA inserted by Firefighters’ Pension Scheme 2014 Sch. para. 13
Sch. 1 Pt. 8 rule 1 words omitted by Firefighters’ Pension Scheme 2014 Sch. para. 7

(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 of this Part;

(b)

the authority receive that evidence–

(i)

where a copy of an opinion was supplied in accordance with paragraph (7) of rule 1 of this Part, 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 or her opinion in the light of the new evidence,

the authority shall send a copy of the new evidence to the IQMP and invite the IQMP to reconsider the IQMP’s 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An IQMP’s rule 3 response shall be binding on the authority unless it is superseded by the outcome of an appeal under rule 4 of this Part.

(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 the person with written notice of the revised decision; and

(c)

supply the person with a copy of the rule 3 response.