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Regulation 43 Construction of Section AI1

England, Wales and Scotland

(1)

Regulation 34 applies for the construction of this Section as it applies for the construction of Section E of Part III.

(2)

Except as provided in this Section any reference in Part II of the Administration Act or in these Regulations to the relevant accident shall be construed as a reference to the relevant disease and any reference to the date of the relevant accident shall be construed as a reference to the date of onset of the relevant disease.

(3)

In the following provisions of this Section any question arising in connection with a claim for or award of disablement benefit—

(a)

whether any person is suffering or has suffered from a prescribed disease, is referred to as a diagnosis question;

(b)

whether a prescribed disease has, in fact, been contracted afresh in a case where that question arises under the provisions of regulation 7 or 8 of the Prescribed Diseases Regulations is referred to as a recrudescence question.

Annotations

Commencement

I1

Reg. 43 in force at 10.8.1995, see reg. 1(1)