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[F1SCHEDULE 1

Textual Amendments

PART 1RULES

1.  In these rules, unless the context otherwise requires—

“assessment” means either a consultation between a patient and a [F2healthcare professional] which takes place in person or by telephone or a consideration by a [F2healthcare professional] of a written report by another [F2healthcare professional] or other health F3...professional;

“condition” means a specific disease or bodily or mental disability;

F4...

“ [F5other health professional] ” means a person (other than a [F6healthcare professional] and not being the patient) who isF7..., a registered midwife, F8... or a member of any profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

“patient” means the person in respect of whom a statement is given in accordance with these rules.

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2.  Where a [F9healthcare professional] issues a statement to a patient in accordance with an obligation arising under a contract, agreement or arrangement under Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 or Part 1 of the National Health Service (Scotland) Act 1978 the [F10healthcare professional’s] statement shall be in a form set out at Part 2 [F11or Part 2A] of this ScheduleF12....

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3.  Where a [F13healthcare professional] issues a statement in any case other than in accordance with rule 2, the [F14healthcare professional’s] statement shall be in the form set out in Part 2 [F15or Part 2A] of this Schedule or in a form to like effectF16....

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4.  A [F17healthcare professional’s] statement must be based on an assessment made by that [F18healthcare professional] .

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5.  A [F19healthcare professional’s] statementF20... shall contain the following particulars—

(a)the patient’s name;

(b)the date of the assessment (whether by consultation or consideration of a report as the case may be) on which the [F19healthcare professional’s] statement is based;

(c)the condition in respect of which the [F21healthcare professional] advises the patient they are not fit for work;

(d)a statement, where the [F21healthcare professional] considers it appropriate, that the patient may be fit for work;

(e)a statement that the [F21healthcare professional] will or, as the case may be will not, need to assess the patient’s fitness for work again;

(f)the date on which the [F19healthcare professional’s] statement is given;

(g)the address of the [F21healthcare professional] [F22;] [F23and]

(h)[F24the name of the [F21healthcare professional] (whether in the form of a signature or [F25otherwise); and]]

[F26(i)the profession of the healthcare professional]

F27...

Textual Amendments

[F285A.  Where the healthcare professional’s statement is in the form set out in Part 2 of this Schedule—

(a)the healthcare professional’s name shall, irrespective of their profession, be recorded next to the words “doctor’s signature”;

(b)the healthcare professional’s address shall, irrespective of their profession, be recorded next to the words “doctor’s address”; and

(c)the healthcare professional shall record their profession within the statement in such place as appears to them to be appropriate.]

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6.  Subject to rule 8, the condition in respect of which the [F29healthcare professional] is advising the patient is not fit for work or, as the case may be, which has caused the patient’s absence from work shall be specified as precisely as the [F30healthcare professional’s] knowledge of the patient’s condition at the time of the assessment permits.

Textual Amendments

7.  Where a [F31healthcare professional] considers that a patient may be fit for work the [F31healthcare professional] shall state the reasons for that advice and where this is considered appropriate, the arrangements which the patient might make, with their employer’s agreement, to return to work.

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8.  The condition may be specified less precisely where, in the [F32healthcare professional’s] opinion, disclosure of the precise condition would be prejudicial to the patient’s well-being, or to the patient’s position with their employer.

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9.  A [F33healthcare professional’s] statement may be given on a date after the date of the assessment on which it is based, however no further statement shall be furnished in respect of that assessment other than a [F33healthcare professional’s] statement by way of replacement of an original which has been lost, in which case it shall be clearly marked “duplicate”.

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10.  Where, in the [F34healthcare professional’s] opinion, the patient will become fit for work on a day not later than 14 days after the date of the assessment on which the [F34healthcare professional’s] statement is based, the [F34healthcare professional’s] statement shall specify that day.

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11.  Subject to rules 12 and 13, the [F35healthcare professional’s] statement shall specify the minimum period for which, in the [F35healthcare professional’s] opinion, the patient will not be fit for work or, as the case may be, for which they may be fit for work.

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12.  The period specified shall begin on the date of the assessment on which the [F36healthcare professional’s] statement is based and shall not exceed 3 months unless the patient has, on the advice of a [F37healthcare professional] , refrained from work for at least 6 months immediately preceding that date.

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13.  Where—

(a)the patient has been advised by a [F38healthcare professional] that they are not fit for work and, in consequence, has refrained from work for at least 6 months immediately preceding the date of the assessment on which the [F39healthcare professional’s] statement is based; and

(b)in the [F39healthcare professional’s] opinion, the patient will not be fit for work for the foreseeable future,

instead of specifying a period, the [F38healthcare professional] may, having regard to the circumstances of the particular case, enter, after the words “case for”, the words “an indefinite period”.]

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