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Assessment of relevant claims where long term prognosis is awaited
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14. The Principal Act is amended by the insertion of the following section after section 49—
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“49A. (1) Without prejudice to section 49, and subject to subsection (5), where it appears to the Board having regard to—
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(a) a report referred to in section 11(3)(c), or
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(b) a medical examination under section 24(2),
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that a long term prognosis in respect of the personal injury or injuries to which the relevant claim relates is unlikely to be available within the period referred to in section 49(2), the Board shall, by notice in writing served on the claimant and the respondent or respondents before the expiration of that period, inform each of them that it will not be possible or appropriate to make an assessment within that period.
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(2) A notice under subsection (1) shall specify the period, which shall be determined by the Board, within which another medical examination (in this section referred to as a ‘further medical examination’) under section 24(2) shall be undertaken.
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(3) Where a further medical examination has been completed and a long term prognosis has not been determined, the Board shall serve a notice in writing on the claimant and the respondent or each of the respondents stating that the long term prognosis has not been determined and requesting each of them to confirm in writing whether or not they consent to the Board continuing to deal with the matter.
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(4) Where the claimant or any of the respondents has not consented to the Board continuing to deal with the matter under subsection (3), it shall be the duty of the Board to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (9).
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(5) Where the period determined by the Board under subsection (2) is such that the Board determines that it would not be possible or appropriate to make the assessment within 2 years of the expiration of the period referred to in section 49(2), the Board shall by notice in writing served on the claimant and the respondent or respondents—
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(a) inform each of them that it would not be possible or appropriate (as the case may be) to make an assessment within that period, and
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(b) request each of them to confirm in writing whether or not they consent to the Board continuing to deal with the matter.
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(6) Where the claimant or any of the respondents has not consented to the Board continuing to deal with the matter under subsection (5), it shall be the duty of the Board to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (9).
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(7) Where a claimant or any of the respondents who has consented to the Board continuing to deal with the matter, subsequently gives notice in writing to the Board of the withdrawal of his or her consent, it shall be the duty of the Board, as soon as may be after the date of the notice, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (9).
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(8) A document referred to in subsection (4), (6) or (7) is also referred to in this Act as an ‘authorisation’.
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(9) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim.”.
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