Health (Repayment Scheme) Act 2006

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Power of scheme administrator to specify forms.

4.— (1) Subject to subsection (2), the scheme administrator may specify the form of any document required under this Act to be in the specified form and the form of such other documents required for the purposes of this Act as the scheme administrator thinks fit.

(2) Without prejudice to the generality of subsection (1), an application shall contain a summary of—

(a) the purpose of the application, and

(b) the consequences of the determination of the application under section 6 (1)(a), (b) or (c) (including the right to appeal under section 16 (1) against a decision under section 6 (1)(a), (b) or (c)).

(3) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) subject to subsection (4), accompanied by such documents (including instruments, certificates, duplicates of the form and statutory declarations) as are specified in the form, and

(c) if the completed form is required to be provided to the scheme administrator or any other person, so provided in the manner, if any, specified in the form.

(4) Without prejudice to the generality of subsection (2)(b), an application made by an applicant falling within paragraph (e) of the definition of “connected person” and that is in respect of a living relevant person shall be accompanied by a certificate in a form specified under this section—

(a) issued by a registered medical practitioner who has examined the relevant person not earlier than 6 months before the date on which the application was signed,

(b) stating—

(i) the date of the examination, and

(ii) that, in the opinion of the practitioner, the relevant person—

(I) is of sufficient capacity to understand the summary referred to in subsection (2), or

(II) is not of sufficient capacity to understand the summary referred to in subsection (2),

and

(c) signed by the practitioner.

(5) The scheme administrator’s power under subsection (1)—

(a) shall be exercised in such a way as to require the person completing the form to make a statutory declaration as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

(b) may be exercised in such a way as to specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the scheme administrator thinks fit.