Regulation 40 First instance decisions

in paragraph (3), for “the employment ends” substitute “the earlier of the date the employment ends or the date specified in the notification mentioned in regulation 7(3)”;

in paragraph (9), after “independent registered medical practitioner” insert “who is qualified in occupational health medicine”;

in paragraph (10), for “that authority’s approval” substitute “the approval of the appropriate administering authority to their choice of registered medical practitioner”; and

after paragraph (13), add as a new paragraph–

“(14)

In paragraph (9)–

(a)

“permanently incapable” has the meaning given by regulation 26(5); and

(b)

“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 a EEA State (which has the meaning given by the European Specialist Medical Qualification Order 1995^f1), or being an Associate, a Member, or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.”.