The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Determination of questions

U2.—(1) The Scottish Ministers must determine any question concerning any person’s rights or liabilities under these Regulations.

(2) Any dispute shall be resolved in accordance with the dispute resolution procedure issued from time to time by the Scottish Ministers in conformity with section 50 of the 1995 Act.

(3) In making a determination under the regulations referred to in paragraph (4) the Scottish Ministers may require any person requesting a determination to submit to a medical examination by a registered medical practitioner selected by the Scottish Ministers, and in that event, the Scottish Ministers must—

(a) also offer the person an opportunity of submitting a report from the person’s own medical adviser as a result of an examination by that medical adviser; and

(b) take that report into consideration together with the report of the medical practitioner selected by the Scottish Ministers.

(4) The regulations referred to in paragraph (3) are—

(a) regulations E2, E3, E4, E5 and E12 in relation to physical or mental incapacity;

(b) regulations G8(3), G11(2) and G15(2) in relation to incapacity to earn a living because of physical or mental infirmity;

(c) regulation H1(7) in relation to incapacity to earn a living because of permanent physical or mental infirmity;

(d) regulation J1(6) in relation to the member’s good health; and

(e) regulations E1(4), E3(8) and E12, in relation to the life expectancy of the member.