PART 4APPEALS AND MEDICAL QUESTIONS

Reference of medical questions30

1

Subject to the provisions of this Part, the question whether a person is entitled to any, and if so what, awards under these Regulations shall be determined in the first instance by the police authority.

2

Subject to paragraph (3), where the police authority are considering whether a person is permanently disabled, they shall refer for decision to a duly qualified medical practitioner selected by them the following questions—

a

whether the person concerned is disabled;

b

whether the disablement is likely to be permanent,

except that, in a case where the said questions have been referred for decision to a duly qualified medical practitioner under regulation H1(2) of the 1987 Regulations, a final decision of a medical authority on the said questions under Part H of the 1987 Regulations shall be binding for the purposes of these Regulations;

  • and, if they are further considering whether to grant an injury pension, shall so refer the following questions—

    1. a

      whether the disablement is the result of an injury received in the execution of duty, and

    2. b

      the degree of the person’s disablement;

    and, if they are considering whether to revise an injury pension, shall so refer question (d) above.

3

Where the police authority are considering eligibility for an award under regulation 12, paragraph (2) shall have effect as if the questions to be referred by them to a duly qualified medical practitioner were the following—

a

whether the person concerned is totally disabled;

b

whether that total disablement is likely to be permanent;

c

whether the disablement is the result of an injury received in the execution of duty; and

d

the date on which the person became totally disabled.

4

A police authority, if they are considering exercising their powers under regulation 38 (reduction of award in case of default), shall refer for decision to a duly qualified medical practitioner selected by them the question whether the person concerned has brought about or substantially contributed to the disablement by his own default.

5

The police authority may decide to refer a question in paragraph (2) or, as the case may be, (3) or (4) to a board of duly qualified medical practitioners instead of to a single duly qualified medical practitioner, and in such a case references in this regulation, regulations 31 and 32 and paragraphs 5(1)(a) and (2) of Schedule 6 to a medical practitioner shall be construed as if they were references to such a board.

6

The decision of the selected medical practitioner on the question or questions referred to him under this regulation shall be expressed in the form of a report and shall, subject to regulations 31 and 32, be final.

7

A copy of any such report shall be supplied to the person who is the subject of that report.