Non-disclosure of medical evidence
22.—(1) Where, in any proceedings, there is before a Commissioner medical evidence relating to a person which has not been disclosed to that person and, in the opinion of the Commissioner, the disclosure to that person of that evidence would be harmful to his health, such evidence shall not be disclosed to that person.
(2) Evidence such as is mentioned in paragraph (1)—
(a)shall not be disclosed to any person acting for or representing the person to whom it relates; or
(b)in a case where a claim for benefit is made by reference to the disability of a person other than the claimant and the evidence relates to that other person, shall not be disclosed to the claimant or any person acting for or representing the claimant,
unless the Commissioner considers that it is in the interests of the person to whom the evidence relates to disclose it.
(3) Non-disclosure under paragraphs (1) or (2) does not preclude the Commissioner from taking the evidence concerned into account for the purpose of the proceedings.