35Power of CSC to require persons to be medically examined etc.

#### 35 Power of CSC to require persons to be medically examined etc. (1) CSC may, by notice in writing given to a recipient member in receipt of invalidity pay require him: (a) to submit himself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or (b) to furnish in writing to CSC, within such period as is specified in the notice, such information as is required by the notice with respect to any employment (whether as an employee or on his own account) in which he has been engaged during such period as is specified in the notice. (2) A notice under subsection (1) shall set out the effect of subsection (3). (3) Where a recipient member fails to comply with a notice given under subsection (1) and CSC is not satisfied that there was a reasonable excuse for the failure, CSC may, by notice in writing given to the member, suspend the member’s invalidity pay with effect from such day as CSC determines, being a day not earlier than: (a) in a case where the first‑mentioned notice required the member to submit to a medical examination on a day specified in the notice—the day next following that day; or (b) in a case where the first‑mentioned notice required the member to furnish information within a period specified in the notice—the day next following the end of that period. (4) A notice to a person under subsection (3) shall set out the effect of subsections (5B), (5D) and (5E). (5) Invalidity pay is not payable in respect of a period during which a suspension under subsection (3) is in force. (5A) Where: (a) the invalidity pay of a recipient member is suspended under subsection (3); and (b) CSC, having regard to such matters as it considers relevant, is of the opinion that the suspension should be revoked; CSC may, by notice in writing given to the member or to the member and a person acting on the member’s behalf, as the case may be, revoke the suspension with effect from such day as CSC determines, being a day not later than the day on which the notice is given. (5B) Without limiting subsection (5A), where the invalidity pay of a recipient member is suspended under subsection (3), the member, or another person acting on the member’s behalf, may, by notice in writing given to CSC, request CSC to revoke the suspension, and where such a request is made, CSC shall, by notice in writing given to the member or to the member and the other person, as the case may be: (a) if the invalidity pay has been suspended by virtue of the relevant member’s having failed to comply with a notice requiring the member to submit to a medical examination—require the member to submit to a medical examination by a medical practitioner at a time and place specified in the second‑mentioned notice; or (b) if the invalidity pay has been suspended by virtue of the member’s having failed to comply with a notice requiring the member to give information to CSC (in this paragraph called the original notice)—require the member to give in writing to CSC, within such period as is specified in the second‑mentioned notice, such information as was required by the original notice to be given. (5C) A notice given by CSC under subsection (5B) shall set out the effects of subsections (5D) and (5E). (5D) Where: (a) because of a request having been made to revoke the suspension of the invalidity pay of a recipient member, a notice under subsection (5B) is given to the member or to the member and another person; and (b) either: (i) the member complies with the notice; or (ii) the member fails to comply with the notice but CSC is satisfied that there was a reasonable excuse for the failure; CSC shall, by notice in writing given to the member or to the member and the other person, as the case may be, revoke the suspension with effect from such day as CSC determines, being a day not later than: (c) in a case to which subparagraph (b)(i) applies—the day on which the member so complied with the notice; or (d) in a case to which subparagraph (b)(ii) applies—the day on which CSC became so satisfied. (5E) Where: (a) because of a request having been made to revoke the suspension of the invalidity pay of a recipient member, a notice under subsection (5B) is given to the member or to the member and another person; and (b) the member fails to comply with the notice and CSC is not satisfied that there was a reasonable excuse for the failure; CSC shall, by notice in writing given to the member or to the member and the other person, as the case may be, refuse to revoke the suspension. (6) Where a person whose invalidity pay has been suspended under this section dies before the invalidity pay again becomes payable, he shall, for the purposes of sections 39, 42, 43 and 47, be deemed to have been entitled to invalidity pay immediately before his death and, for the purposes of sections 39, 42 and 43, the invalidity pay shall be deemed to have been payable at the rate at which it would have been payable to him if it had not been suspended. (6A) Where CSC is required by this section to give a recipient member a notice, the notice shall be taken to have been given to the member if: (a) the notice is served on the member personally; (b) the notice is sent to the member by pre‑paid post as a letter and the member acknowledges receipt of the letter; or (c) where CSC has caused all reasonable steps to be taken to ascertain a reliable address of the member, the notice is sent to the member by pre‑paid post to: (i) in a case where CSC is satisfied that at least one reliable address of the member has been ascertained—that address or one of those addresses; or (ii) in any other case—the last address of the member known to CSC. (6B) A reference in subsection (6A) to a reliable address of a member shall be read as a reference to an address where, if a letter were sent to the member by pre‑paid post to the address, the member would probably receive the letter. (7) This section does not apply in relation to a member of the scheme who: (a) is retired after the commencement of this subsection; and (b) on his retirement, is classified as Class C under section 30 and is entitled to invalidity pay.