S.L. 425.14 Art. 20Medical review.

(1) In relation to matters concerning the medical certificate as provided for in these regulations, a fisherman may apply to the Director for his case to be reviewed by an independent medical referee, not being one who has already examined or given his opinion on the fisherman, as may be appointed by the Medical Council upon a reference of the case by the Director, in any one of the following cases:

(a) upon the refusal of a medical practitioner to issue a medical certificate to the fisherman, in all cases, and including those in which the medical reasons for such a refusal have disappeared;

(b) upon any limitation imposed by or referred to in the medical certificate;

(c) upon the suspension for a period of more than three (3) months or the cancellation of that certificate by a medical practitioner pursuant to regulation 19; or

(d) if the fisherman had, during his examination, indicated that he finds himself unfit to perform his duties on board a fishing vessel, but the medical practitioner issued a medical certificate nonetheless attesting that the fisherman is medically fit to perform his duties on board a fishing vessel.

(2) Without prejudice to sub-regulation (1), the Medical Council may prepare and update a list of medical practitioners that may serve for the purposes of this regulation, and in so doing the Medical Council may also determine the medical practitioners to serve at particular times or in particular orders.

(3) If his medical opinion differs from that of the medical practitioner whose medical certificate, or lack thereof, is under review, the medical referee may issue the applicant under sub-regulation (1) with a new medical certificate and in doing so he may provide such restrictions as he deems appropriate for the benefit of the applicant and those working with him:

Provided that the medical referee may also confirm the medical opinion and, or medical certificate reviewed and these shall retain their validity from when and as issued by the relevant medical practitioner:

Provided further that when a medical referee issues a new medical certificate according to this sub-regulation, any medical certificate reviewed in the process shall from that moment cease to have any validity for the purposes of these regulations:

Provided further that a medical referee shall also be empowered to cancel a medical certificate under review if that is deemed necessary according to his medical opinion.

(4) The medical referee shall conclude his review no later than two months from when the application for review is referred to him together with all the supporting documentation provided by the applicant.