3. For regulation 38 (Role of the IRMP) substitute—
“38.—(1) A decision as to whether a councillor member who has ceased to be a member of the councillor member’s district council is entitled to early payment of retirement pension under regulation 36 (early payment of retirement pension on ill-health grounds: active members), shall be made by the Committee after it has obtained a certificate from an IRMP as to—
(a)whether or not the councillor member is suffering from a condition that renders the councillor member permanently incapable of discharging efficiently the duties of that office because of ill-health or infirmity of mind or body; and
(b)whether as a result of that condition the councillor member has a reduced likelihood of being capable of undertaking any gainful employment before reaching normal pension age.
(2) The IRMP shall further determine whether, as a result of that condition, the councillor member—
(a)is unlikely to be capable of undertaking any gainful employment before reaching normal pension age; or
(b)is likely to become capable of undertaking any gainful employment before reaching normal pension age.
(3) A certificate from an IRMP, obtained under paragraphs (1) and (2), shall include a statement that—
(a)that IRMP has not previously advised, or given an opinion on or otherwise been involved in the particular case for which the certificate has been requested; and
(b)that IRMP is not acting, and has not at any time acted, as the representative of the councillor member, the employing authority or any other party in relation to the same case.
(4) The Committee and the IRMP shall have regard to guidance given by the Department when carrying out their function under this regulation, when making an ill-health determination.”