Regulations 1(3) and 35
Modifications etc. (not altering text)
C1Sch. 3 applied (mods) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 (S.I. 2006/3398), regs. 1(1), 8
C2Sch. 3 applied (with modifications) (29.1.2007) by Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 (S.S.I. 2006/593), regs. 1(1), 8 (with reg. 8(4))
Textual Amendments
F1Sch. 3 omitted (3.11.2008) by virtue of Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 128 (with arts. 3(2)(d), 4)
1. Persons who—E+W+S
(a) have a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990 M1 ); or
(b)are advocates or solicitors in Scotland.
2. F2 ... Registered medical practitioners, where—
[F3(a) the practitioner is a citizen of an EEA state and his name appears on a medical specialist register maintained in an EEA state in accordance with the Medical Directive, or he is a Swiss citizen with equivalent qualifications; or ]
(b) the practitioner holds a vocational training certificate or a certificate of acquired rights in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of an enforceable community right; or
[F4(c)the practitioner does not satisfy the requirements of sub-paragraph (a) or (b) above, but has not less than 10 years experience in clinical practice, or as a medical disability analyst in disciplines which are the same or similar to those undertaken by practitioners to whom those sub-paragraphs apply.]
Textual Amendments
F2Word in Sch. 3 para. 2 omitted (18.3.2005) by virtue of The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(20)(a)(i)
F3Sch. 3 para. 2(a) substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(20)(a)(ii)
F4Sch. 3 para. 2(c) substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(20)(a)(iii)
3. In paragraph 2 above and in this paragraph—E+W+S
“ EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 M2 ;
“ EEA State” means a state which is a contracting party to the EEA Agreement;
“Medical Directive” means Council Directive 93/16/ EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognitions of their diplomas, certificates and other evidence of formal qualifications M3, as amended by Council Directive 97/50/ EC of 6th October 1997 M4 [F5, or any directive which replaces Directive 93/16/ EEC] ;
“Vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.
Textual Amendments
F5Words in Sch. 3 para. 3 added (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 2(20)(b)
Marginal Citations
M2Cm. 2183 and OJ No.L1, 3.1. 1994, p.572.
M3OJ. No. L165, 7.7. 1993 page 1.
M4OJ. No. L921, 24.10. 1997, page 35.
4. Accountants who are members of—E+W+S
(a)the Institute of Chartered Accountants in England and Wales;
(b)the Institute of Chartered Accountants in Scotland;
(c)the Institute of Chartered Accountants in Ireland;
[F6(cc)the Institute of Certified Public Accountants in Ireland;]
(d)the Association of Chartered Certified Accountants;
(e)the Chartered Institute of Management Accountants; or
(f)the Chartered Institute of Public Finance and Accountancy.
Textual Amendments
F6 Sch. 3 para. 4(cc) inserted (20.5.2002) by Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/1379) , regs. 1(1) , 22
5. Persons, other than registered medical practitioners, who are experienced in dealing with the needs of disabled persons—E+W+S
(a)in a professional or voluntary capacity; or
(b)because they are themselves disabled.]