- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Secretary of State must refer an appeal to an appeal tribunal.
(2)In determining an appeal, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury or death in question.
(3)On an appeal, the tribunal may—
(a)confirm the amount or amounts specified in the certificate;
(b)specify any variations which are to be made on the issue of a fresh certificate under subsection (4); or
(c)declare that the certificate of NHS charges is to be revoked.
(4)When the Secretary of State has received the decision of the tribunal on an appeal, he must in accordance with that decision—
(a)confirm the certificate against which the appeal was brought;
(b)issue a fresh certificate; or
(c)revoke the certificate.
(5)Regulations under section 7 may (among other things) provide for the non-disclosure of medical advice or medical evidence given or submitted following a reference under subsection (1).
(6)In this section and section 9, “appeal tribunal” means—
(a)in relation to England and Wales, an appeal tribunal constituted under Chapter I of Part I of the [1998 c. 14.] Social Security Act 1998;
(b)in relation to Scotland, an appeal tribunal established for the purposes of this Act by regulations.
(7)Regulations under subsection (6)(b) may include provision as to the constitution of the appeal tribunal and as to the procedure to be followed on an appeal.
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