| (1) | In determining an applicant's medical fitness, a medical examiner must have regard to the Guidance and the guidelines published in the Code in addition to applying normal medical fitness considerations. |
[Regulation 10(1) substituted by Section No. 5 of the Merchant Shipping (Eyesight and Medical Examination) Amendment Regulations, 2015
| (2) | If an applicant is found by a medical examiner to be unfit for service at sea, the applicant, or his or her employer, may, at own expense, appeal against the finding to a medical appeal panel constituted in accordance with subregulation (3). |
(3)
| (a) | A medical appeal panel consists of three members appointed by the Authority, of whom— |
| (i) | two must be medical examiners, one of whom must be appointed as chairperson; and |
| (ii) | one must be a specialist physician or surgeon from the appropriate speciality. |
| (b) | A quorum for a meeting of a medical appeal panel is three members. |
| (c) | A decision of the majority of the members of a medical appeal panel is taken to be a decision of the panel. |
| (d) | Subject to this regulation and any directions that the Authority may give, a medical appeal panel may regulate its own procedure. |
| (e) | In determining an appeal, a medical appeal panel may confirm, vary or set aside a medical examiner's finding. |
