Regulation 36 Determination of medical questionsI1

Subject to the provisions of Section A of Part IV any question arising in connection with a claim made in respect of any of the diseases numbered B6, C15, C17, C18, C22(b), D1, D2, D3, D7, D8, D9, D10, D11 or D12 in Part I of Schedule 1 to the Prescribed Diseases Regulations^f1 shall be referred to and determined by a specially qualified adjudicating medical practitioner except where a question mentioned in paragraph (1) arises, in which case it shall be referred to and determined by a special medical board.

Any question which falls to be determined by an adjudicating medical authority other than those within paragraphs (1) and (2) shall be referred to and determined by an adjudicating medical practitioner.

Where a case has been referred to an adjudicating medical practitioner for determination the Secretary of State may, at any time before the determination is made, revoke that reference and refer the case instead to a medical board.

Where a case has been referred to a medical board or a special medical board consisting of 2 members and they are unable to agree, the reference to that board shall be revoked and the case shall be referred to a board consisting of 3 members and if they are not unanimous the decision of the majority shall be the decision of the board.

The Secretary of State shall appoint one of the members of any medical board or special medical board to act as chairman.

A medical board or special medical board shall not determine any question unless all the members thereof are present at the consideration of that question, and if any member of the board is absent the reference to that board shall be revoked and the case shall be referred to another such board.

Reasonable notice (being not less than 10 days beginning with the day on which the notice is given and ending on the day before the sitting is to take place) of the time and place at which an adjudicating medical authority will sit for the consideration of any case shall be given to the claimant and if such notice is not given or if, after such notice has been given, the claimant should fail to appear at the sitting of the authority, the authority may proceed to determine the questions referred to him or them only with the claimant’s consent.

For the purposes of these Regulations a sitting of an adjudicating medical authority is not an oral hearing, and the only persons entitled to be present and be heard during the consideration of any question by such an authority are the claimant and any other person whom the authority may, with the consent of the claimant, allow to be present as being a person who, in his or their opinion, is likely to assist him or them in the determination of that question.