Regulation 73 Further reference to medical authority

The police authority and the person in respect of whom a final decision of a medical authority has been given (“the claimant”) may, by agreement, refer such decision to the medical authority for reconsideration, and he or, as the case may be, it, shall accordingly reconsider the decision and, if necessary, issue a fresh report, which, subject to—

shall be final.

A court hearing an appeal under regulation 66 or a tribunal hearing an appeal under regulation 67 may, if they consider that the evidence before the medical authority who has given the final decision was inaccurate or inadequate, refer the decision of that authority to him or, as the case may be, it, for reconsideration in the light of such facts as the court or tribunal may direct, and the medical authority shall accordingly reconsider that decision and, if necessary, issue a fresh report which, subject to any further reconsideration under this paragraph, shall be final.

If a claimant and the police authority agree, or a court or tribunal decide, to refer a decision to the medical authority for reconsideration under this regulation and that medical authority is unable or unwilling to act, the decision may be referred to a duly qualified medical practitioner or board of medical practitioners agreed upon by the claimant and the police authority or, as the case may be, selected by the court or tribunal, and his or, as the case may be, its decision shall have effect as if it were that of the medical authority who gave the decision which is to be reconsidered.

In this regulation a medical authority who has given a final decision means—