Regulation 98 First instance decisionsI1
Northern Ireland
Any question concerning the rights or liabilities under these regulations of any person other than a Scheme employer shall be decided in the first instance by the relevant body.
Where the body by which any such question falls to be decided is ascertainable by reference to this regulation or regulation 99, for the purposes of this Chapter that body shall be the relevant body.
Where the Committee is considering whether a person who has ceased to hold a local government employment is entitled to a benefit under regulation 29 or 33(6), it shall refer for decision to an independent registered medical practitioner appointed by the Committee who is qualified in occupational health medicine, F2... F3as to whether in his opinion the member is permanently incapable of discharging efficiently the duties of the relevant local government employment because of ill-health or infirmity of mind or body.
The decision of the independent registered medical practitioner F4... under paragraph (3) shall be expressed in the form of a certificate.
The independent registered medical practitioner must be in a position to certify, and must include in his certification a statement that –
he has not previously advised, or given an opinion on, or otherwise been involved in the particular case for which the certificate has been requested; and
he is not acting, and has not at any time acted, as the representative of the member, the Scheme employer or any other party in relation to the same case.
In paragraph (3) –
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“qualified in occupational health medicine” means—
holding a diploma in occupational 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 the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003; or
being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.
Annotations
Textual amendments
- F1
Regulations revoked in part (1.4.2009) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), reg. 1(1), Sch. 1 (with reg. 3)
- F2
Words in reg. 98(3) deleted (1.6.2005) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 23(1), (with regs. 28, 29)
- F3
Words in reg. 98(3) substituted for reg. 98(3)(a)(b) (1.6.2005) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 23(1), (with regs. 28, 29)
- F4
Words in reg. 98(4) deleted (1.6.2005) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 23(2), (with regs. 28, 29)
- F5
Reg. 98(6)(a) omitted (1.6.2005) by virtue of Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 23(3), (with regs. 28, 29)
- F6
Reg. 98(6)(b) substituted (1.4.2007) by Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/152), regs. 1(2)(c), 63