Regulation 5 Certification of injury or diseaseI1

England and Wales

(1)

Before making a determination under regulation 3 or 4 (as the case may be), the relevant employer must obtain a certificate from an independent registered medical practitioner (“IRMP”) qualified in occupational health medicine, as to whether in his or her opinion the person—

(a)

has for the purposes of regulation 3(1), sustained an injury or contracted a disease in the course of carrying out his or her work; or

(b)

for the purposes of regulation 3(2), continues to suffer from the injury or disease; or

(c)

has for the purposes of regulation 4(1)—

(i)

sustained an injury or contracted a disease in the course of carrying out his or her work; and

(ii)

ceases to be employed as a result of an incapacity which is likely to be permanent and was caused by the injury or disease; or

(d)

for the purposes of regulation 4(2), continues to suffer from the injury or disease.

(2)

For the purposes of paragraph (1), “qualified in occupational health medicine” means an IRMP who is registered with the General Medical Council and—

(a)

holds a diploma in occupational health medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA state; and for the purposes of this definition, “competent authority” has the meaning given by section 55(1) of the Medical Act 1983^f1; or

(b)

is an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.

Annotations

Commencement

I1: Reg. 5 in force at 16.1.2012, see reg. 1(1)

Footnotes

f1: 1983 c. 54; the definition of “competent authority” in section 55(1) was inserted by S.I. 2007/3101.