Paragraph 18 Amendment of Annex 2 (appeals to board of medical referees)

in sub-paragraph (3)(a) of paragraph 4, after “desirable” insert “so as to provide the board with sufficient information”;

after paragraph 8 insert—

“8A.

(1)

Where the parties have received a copy of the report supplied under paragraph 8 and the parties agree that the board has made an error of fact which materially affects the board’s decision, the authority must within 28 days of receipt of the report—

(a)

supply the Welsh Ministers with two copies of a statement agreed between the parties setting out—

(i)

the error of fact;

(ii)

the correct fact, and

(b)

invite the board to reconsider its decision.

(2)

The Welsh Ministers must within 14 days of receipt of the statement supply a copy of it to the board.

(3)

As soon as reasonably practicable after receiving the statement, the board must reconsider its decision.

(4)

Within 14 days of that reconsideration the board must—

(a)

give written notice to the Welsh Ministers that it has confirmed its decision, or revised its decision (as the case may be), and

(b)

if it has revised its decision, supply the Welsh Ministers with a written report of its revised decision.

(5)

The Welsh Ministers must supply to the appellant and the authority a copy of the written notice confirming the board’s decision, or a copy of the written report of the board’s revised decision (as the case may be).”;

for sub-paragraph (3) of paragraph 10 substitute—

“(3)

Where—

(a)

the appellant gives notice to the board—

(i)

withdrawing the appeal;

(ii)

requesting cancellation of, postponement of, or adjournment of the date appointed for an interview or medical examination under paragraph 6(2), and

the notice is given less than 22 working days before the date appointed under paragraph 6(2), or

(b)

the appellant’s acts or omissions cause the board to cancel, postpone or otherwise adjourn the date appointed under paragraph 6(2) less than 22 working days before the date so appointed,

the authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.”