Referral to the Independent Medical Referee
3.—(1) The IMR must—
(a)appoint a time and place for hearing the appeal and for any further hearings it may consider necessary; and
(b)give notice of the hearing to the appellant and the scheme manager (“the parties to the appeal”).
(2) Notice of a hearing must be given at least 2 months before the hearing (or any shorter period the parties to the appeal agree).
(3) The parties to the appeal must, not less than 35 days (including weekends and public holidays) before the date appointed for a hearing, inform the appeal board whether they intend to be represented at the hearing.
(4) The IMR may interview or examine the appellant at any hearing.
(5) Any hearing (including any medical examination of the appellant) may be attended by—
(a)the selected medical practitioner or, if that practitioner is unavailable, a duly qualified medical practitioner appointed for the purpose by the scheme manager, and
(b)a duly qualified medical practitioner appointed for the purpose by the appellant.
(6) A medical practitioner who attends a hearing may only observe a medical examination.
(7) If any hearing includes a medical examination, only medical practitioners may be present for that part of the hearing.
(8) The IMR must supply the Department and the parties to the appeal with a written statement of its decision.
(9) If the IMR disagrees with any part of the selected medical practitioner’s report, the appeal tribunal must supply a revised report and certificate.