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16.—(1) This regulation applies where—
(a)the report received pursuant to regulation 15(1) consists of, or includes, a medical report, or the respondent wishes the Tribunal, in determining the case, to consider a medical report; and
(b)the President or the nominated chairman is satisfied that—
(i)disclosure to the applicant of all or any part of the contents of the medical report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and
(ii)in all the circumstances it would not be unfair if that report, or that part of it, is considered by the Tribunal.
(2) The President or the nominated chairman may appoint a person having appropriate skills or experience to assess whether disclosure of the medical report, or any part of it, to the applicant would be harmful to the applicant’s health or welfare and report on the matter to the President or the nominated chairman.
(3) Where paragraph (1) applies, the President or the nominated chairman may direct that—
(a)the medical report or any part of its contents must not be disclosed to the applicant; and
(b)that report, or that part of it, may be considered by the Tribunal.
(4) The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to the person mentioned in paragraph (2).
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