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Paragraph 37 Certification

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A doctor shall issue free of charge to a patient or his personal representatives any medical certificate of a description prescribed in column 1 of Schedule 9, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that Schedule, except where, for the condition to which the certificate relates, the patient—

(a)

is being attended by another doctor (other than a partner, assistant or other deputy of the first named doctor); or

(b)

is not being treated by, or under the supervision of, a doctor.

(2)

The exception in sub-paragraph (1)(a) shall not apply where the certificate is issued pursuant to regulation 2(1) of the Social Security (Medical Evidence) Regulations 1976f1 (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor).

(3)

Any certificate given under sub-paragraph (1) for the purposes of—

(a)

the Social Security Act 1975f2 shall be issued in accordance with any regulations made under that Actf3;

(b)

section 17(2) of the Social Security and Housing Benefits Act 1982f4 shall be issued in accordance with any regulations made under that Actf5; or

(c)

Part V of, and Schedule 4 to, the Social Security Act 1986f6, shall be issued in accordance with any regulations made under that Actf7.

Annotations

Footnotes

f1

S.I. 1976/615, as amended by S.I. 1982/699, 1987/409, 1987/1686 and 1992/247.

f2

1975 c. 14.

f3

See S.I. 1976/615 and 1987/1968.

f4

1982 c. 24; section 17 was amended by section 20 of the Social Security Act 1985 (c. 53).

f5

See S.I. 1985/1604, as amended by S.I. 1992/247.

f6

1986 c. 50.

f7

See S.I. 1987/235, as amended by S.I. 1991/2284.