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37. -(1) A doctor shall issue free of charge to patient or his personal representatives any medical certificate of a description prescribed in column 1 of Schedule 9, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that Schedule, except where, for the condition to which the certificate relates, the patient-
(a) is being attended by another doctor (other than a partner, assistant or other deputy of the first named doctor); or
(b) in not being treated by, or under the supervision of, a doctor.
(2) The exception in sub-paragraph (1)(a) shall not apply where the certificate is issued pursuant to regulation 2(1) of the Social Security (Medical Evidence) Regulations 1967 (a) (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor).
(3) Any certificate given under sub-paragraph (1) for the purposes of-
(a) the Social Security Act 1975 (b) shall be issued in accordance with any regulations made under that Act (c) ;
(b) section 17(2) of the Social Security and Housing Benefits Act 1982 (d) shall be issued in accordance with any regulations made under that Act (e) ; or
(c) Part V of, and Schedule 4 to, the Social Security Act 1986 (f) , shall be issued in accordance with any regulations made under that Act (g) .
(a) S.I.1976/615, as amended by S.I.1982/699, 1987/409, 1987/1686 and 1992/247.
(b) 1975 c.14.
(c) See S.I.1976/615 and 1987/1968.
(d) 1982 c.24; section 17 was amended by section 20 of the Social Security Act 1985 (c.53).
(e) See S.I.1985/1604, as amended by S.I.1992/247.
(f) 1986 c.50.
(g) See S.I.1987/235, as amended by S.I.1991/2284.
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| Book Title: NHS GMS Regulations | ||