Regulation 5 Amendment of regulation 33

Regulation 33 (disqualification from acting as an adjudicating medical authority or as a member thereof or as a member of a medical appeal tribunal)^f1 shall be amended in accordance with the following provisions of this regulation.

In paragraph (1) at the beginning there shall be inserted the words—

“Subject to paragraphs (1A) and (2) below,”.

After paragraph (1) there shall be inserted the following paragraph—

“(1A)

A medical practitioner to whom a question has been referred under regulation 42(1) (reference of diagnosis and recrudescence questions for medical report)^f2 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.”.

In paragraph (2)—