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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 2, within twenty eight days of the receipt by that person of that copy, and

(ii)

in any other case, within twenty eight 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 the IQMP’s opinion in the light of the new evidence,

the authority must send a copy of the new evidence to the IQMP and invite the IQMP to reconsider the IQMP’s opinion.

(2)

An IQMP’s rule 3 response to an invitation under paragraph (1) must be in writing.

(3)

An IQMP’s rule 3 response is binding on the authority unless it is superseded by the outcome of an appeal under rule 4.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 must reconsider their decision.

(5)

Within fourteen days of that reconsideration, the authority must—

(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 concerned with written notice of the revised decision, and

(c)

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