Paragraph 4 Referral of final decision by sheriff or tribunalI1

Scotland

(1)

If a sheriff or a tribunal hearing an appeal under regulation 197 or 198 considers that the evidence before the medical authority which gave a final decision was inaccurate or inadequate—

(a)

the sheriff or tribunal may refer the final decision to the medical authority for reconsideration in the light of such facts as the court or tribunal may direct; and

(b)

the medical authority must reconsider the final decision and, if necessary, issue a fresh report.

(2)

A copy of the fresh report must be given to the scheme manager and to the member.

(3)

Subject to any further reconsideration under paragraph 3, the fresh report is final.

Annotations

Commencement

I1: Sch. 1 para. 4 in force at 1.4.2015, see reg. 1

Notes on Schedule 1

Modifications

C1: Sch. 1 applied (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 51(4)