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The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Exemptions

12.—(1) A medical practitio ner shall not be obliged to give an individual access, in accordance with the provisions of Article 9(4) or 11(3), to any part of a medical report whose disclosure would in the opinion of the practitioner be likely to cause serious harm to the physical or mental health of the individual or others or would indicate the intentions of the practitioner in respect of the individual.

(2) A medical practitioner shall not be obliged to give an individual access, in accordance with those provisions, to any part of a medical report whose disclosure would be likely to reveal information about another person, or to reveal the identity of another person who has supplied information to the practitioner about the individual, unless—

(a)that person has consented; or

(b)that person is a health professional who has been involved in the care of the individual and the information relates to or has been provided by the professional in that capacity.

(3) Where it appears to a me dical practitioner that paragraph (1) or (2) is applicable to any part (but not the whole) of a medical report—

(a)he shall notify the individual of that fact; and

(b)references in the preceding Articles of this Part to the individual being given access to the report shall be construed as references to his being given access to the remainder of it;

and other references to the report in Articles 9(4), 10(2) and 11(3) shall similarly be construed as references to the remainder of the report.

(4) Where it appears to a medical practitioner that paragraph (1) or (2) is applicable to the whole of a medical report—

(a)he shall notify the individual of that fact; but

(b)he shall not supply the report unless he is notified by the individual that the individual consents to its being supplied;

and accordingly, if he is so notified by the individual, the restrictions imposed by Article 9(2) and (3) on the supply of the report sha ll not have effect in relation to it.

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