HC Deb 15 April 1986 vol 95 cc367-8W
Mr. Ashley

asked the Secretary of State for Social Services in what circumstances a National Health Service doctor may not charge for the issuance of a certificate, letter, and so on, relating to the health of a patient.

Mr. Hayhoe

Under his terms of service a general medical practitioner must issue to his National Health Service patients or their personal representatives free of charge medical statements for the purposes listed as follows and for statutory sick pay unless, for the conditions to which the statement relates, the patient—(a) is being attended by another doctor other than his own doctor's partner, assistant or deputy or; (b) is not being treated by, or under the supervision of, a doctor.

Medical Statement Legislation
1. To support a claim or obtain payment either personally or by proxy under the enactments specified. Family Allowances Acts 1965 to 1969
Parts I and III of the Social Security and Housing Benefits Act 1982 (1982 c. 24).
Social Security Act 1975
Supplementary Benefits Act 1966 to 1973
Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1973
2. To prove inability to work or incapacity for self-support for the purposes of an award by the Secretary of State for Social Services Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (2 & 3 Geo. 6 c. 83)
Pensions (Mercantile Marine) Act 1942 (5 & 6 Geo. 6 c. 26)
3. To enable proxy to draw pensions etc. Naval and Marine Pay and Pensions Act 1865 (28 & 29 Vict. c. 73)
Air Force (Constitution) Act 1917 (7 & 8 Geo. 5c. 51)
Personal Injuries (Emergency Provisions) Act 1939 (2 & 3 Geo. 6 c. 82)
Polish Resettlement Act 1947 (10 & 11 Geo. 6 c. 19)
Home Guard Act 1951 (15 & 16 Geo. 6 and 1 Eliz. 2 c. 8)
4. To establish pregnancy for the purpose of obtaining welfare foods Emergency Laws (Re-enactments and Repeals) Act 1964 (1964 c. 60)
5. To establish fitness to receive inhalational analgesia in childbirth Midwives Act 1951 (14 & 15 Geo. 6 c. 53)
6. To secure registration of still birth Births and Deaths Registration Act 1953 (1 and 2 Eliz. 2 c. 20)

Medical Statement Legislation
7. To enable payment to be made to an institution or other person in case of mental disorder of persons entitled to payment from public funds Section 138 of the Mental Health Act 1959 (7 & 8 Eliz. 2 c. 72)
8. To establish unfitness for jury service Criminal Justice Act 1972 (1972 c. 71)
9. To establish unfitness to attend for medical examination National Service Act 1948 (11 & 12 Geo. 6 c. 64)
10. To support late application for reinstatement in civil employment or notification of non-availability to take up employment owing to sickness Reinstatement in Civil Employment Act 1944 (7 & 8 Geo. 6 c. 15)
Reinstatement in Civil Employment Act 1950 (14 & 15 Geo. 6 c. 10)
Reserve and Auxiliary Forces (Training) Act 1951 (14 & 15 Geo. 6 c. 23)
Army Reserve Act 1962 (10 & 11 Eliz. 2 c. 10)
Ulster Defence Regiment Act 1969 (1969 c. 65)
11. To enable a person to be registered as an absent voter on grounds of physical incapacity Representation of the People Act 1949 (12, 13 & 14 Geo. 6 c. 68)
12. To support application for certificates conferring exemption from charges in respect of drugs, medicines and appliances National Health Service Act 1977 (c. 49)

Medical statements issued for Social Security purposes on the basis of a report received from another doctor within one month of the earlier examination must also be issued free of charge.