29Decision that accident is an industrial accident
(1)Where, in connection with any claim for industrial injuries benefit, it is decided that the relevant accident was or was not an industrial accident—
(a)an express declaration of that fact shall be made and recorded; and
(b)subject to subsection (3) below, a claimant shall be entitled to have the issue whether the relevant accident was an industrial accident decided notwithstanding that his claim is disallowed on other grounds.
(2)Subject to subsection (3) and section 30 below, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident—
(a)to have that issue decided; and
(b)to have a declaration made and recorded accordingly,
notwithstanding that no claim for benefit has been made in connection with which the issue arises; and this Chapter shall apply for that purpose as if the issue had arisen in connection with a claim for benefit.
(3)The Secretary of State, an appeal tribunal or a Commissioner (as the case may be) may refuse to decide the issue whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to decide the issue for the purposes of any claim for benefit; and this Chapter shall apply as if any such refusal were a decision on the issue.
(4)Subject to sections 9 to 15 above, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.
(5)Where subsection (4) above applies—
(a)in relation to a death occurring before 11th April 1988; or
(b)for the purposes of section 60(2) of the Contributions and Benefits Act,
it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.
(6)For the purposes of this section (but subject to section 30 below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—
(a)it arises out of and in the course of his employment;
(b)that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act; and
(c)payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.
(7)A decision under this section shall be final except that sections 9 and 10 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under section 8 above if, but only if, the Secretary of State is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.