Regulation 40 Disqualification from acting as an adjudicating medical authority or as a member thereof or as a member of a medical appeal tribunalI1

Subject to paragraphs (2) and (3), a person shall not act as an adjudicating medical authority or as a member thereof or as a member of a medical appeal tribunal in any case if he—

A medical practitioner to whom a question has been referred under regulation 45(1) (reference of diagnosis and recrudescence questions for medical report) shall not be precluded from acting as an adjudicating medical practitioner or a specially qualified adjudicating medical practitioner solely by reason of his having prepared, under that regulation, a report on the case of the claimant (whether in relation to the question for determination or otherwise) if he proposes to determine the question in favour of the claimant.

A medical practitioner shall not be precluded from acting as a member of a special medical board for the purpose of the consideration of a case solely because he has taken part in that case as a medical practitioner to whom a question relating to 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 has been referred for report.

If an adjudicating medical authority or a medical appeal tribunal is unable to determine a question by reason of the provisions of paragraph (1) the reference to that authority or tribunal shall be revoked and the case shall be referred to another such authority or tribunal.