Regulation 9 Non-disclosure of medical evidence

Where, in connection with the consideration of any appeal, there is before a tribunal medical advice or medical evidence relating to a person which has not been disclosed to him, and in the opinion of the chairman of the tribunal the disclosure of that advice or evidence, if it came to that person’s attention, would be harmful to his health, such advice or evidence shall not be required to be disclosed.

Evidence such as is mentioned in paragraph (1) shall not be disclosed to any person acting for or representing the person to whom it relates unless the chairman is satisfied that it is in the interests of the person to whom the evidence relates to do so.

A tribunal shall not be precluded from taking into account for the purposes of the determination evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).