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The National Health Service (Superannuation Scheme, Pension Scheme and Injury Benefits) (Scotland) Amendment Regulations 2009

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Amendment of Regulation U2

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19.  In regulation U2 (determination of questions)–

(a)in paragraph 1, omit “and their decision shall be final”; and

(b)after paragraph (2) insert the following–

(3) In making a determination under the regulations referred to in paragraph (4) the Scottish Ministers may require any person requesting a determination to submit to a medical examination by a registered medical practitioner selected by the Scottish Ministers, and in that event, the Scottish Ministers must–

(a)also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him; and

(b)take that report into consideration together with the report of the medical practitioner selected by the Scottish Ministers.

(4) The regulations referred to in paragraph (3) are–

(a)regulations E2, E2A, E2B, E2C and E6 in relation to physical or mental incapacity;

(b)regulations G8(2), G11(2) and G15(2) in relation to incapacity to earn a living because of physical or mental infirmity;

(c)regulation H1(6) in relation to incapacity to earn a living because of permanent physical or mental infirmity;

(d)regulation J1(6) in relation to the member’s good health; and

(e)regulations E1(4)(b) and E2A(8) in relation to the life expectancy of the member..

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