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

Interpretation of Part III

6.—(1) In this Part—

“the applicant” means the person referred to in Article 8(1);

“care” includes examination, investigation or diagnosis for the purposes of, or in connection with, any form of medical treatment;

“employment purposes”, in the case of any individual, means the purposes in relation to the individual of any person by whom he is or has been, or is seeking to be, employed (whether under a contract of service or otherwise);

“health professional” has the same meaning as in the [S.I. 1987/1903] Data Protection (Subject Access Modification) (Health) Order 1987;

“insurance purposes”, in the case of any individual, means the purposes in relation to the individual of any person carrying on an insurance business with whom the individual has entered into, or is seeking to enter into, a contract of insurance, and “insurance business” and “contract of insurance” have the same meaning as in the [1982 c. 50] Insurance Companies Act 1982;

“medical practitioner” means a person registered under the [1983 c. 54] Medical Act 1983;

“medical report”, in the case of an individual, means a report relating to the physical or mental health of the individual prepared by a medical practitioner who is or has been responsible for the clinical care of the individual.

(2) Any reference in this Part to the supply of a medical report for employment or insurance purposes shall be construed—

(a) as a reference to the supply of such a report for employment or insurance purposes which are purposes of the person who is seeking to be supplied with it; or

(b) (in the case of a report that has already been supplied) as a reference to the supply of such a report for employment or insurance purposes which, at the time of its being supplied, were purposes of the person to whom it was supplied.