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STATUTORY INSTRUMENTS


2007 No. 1073 (W.111)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Compensation Scheme (Wales) Order 2007

  Made 28 March 2007 
  Coming into force 29 March 2007 

The National Assembly for Wales in exercise of the powers conferred upon it by sections 34, 60 and 62 of the Fire and Rescue Services Act 2004[1] and having consulted such persons as it considers appropriate in accordance with section 34(5) of that Act hereby makes the following Order:

Title, commencement, application and interpretation
     1. —(1) The title of this Order is the Firefighters' Compensation Scheme (Wales) Order 2007 and it comes into force on 29 March 2007; but—

    (2) This Order applies in relation to Wales.

    (3) In this Order—

New compensation scheme for firefighters
     2. —(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by a fire and rescue authority) has effect; and the corresponding provisions of the Pension Scheme cease to have effect.

    (2) Corresponding provisions of the Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 2 to this Order.

General transitional provision
    
3. —(1) Where—

he may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

    (2) Notice under paragraph (1) must be given not later than 28 June 2007.

    (3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1 April 2006, ceased to be a member of the fire and rescue service, or died.

Transitional provision: decisions and determinations made before 1 April 2006
    
4. —(1) With the exception of rule 3 of Part 2, the Compensation Scheme does not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule A9 of the Pension Scheme) has been made before 1 April 2006.

    (2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they existed immediately before 1 April 2006, continue to have effect in relation to such a person.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

28 March 2007



SCHEDULE 1
Article 2


The Firefighters' Compensation Scheme (Wales) 2007




CONTENTS


PART 1

GENERAL PROVISIONS
1. Title and commencement
2. Interpretation
3. Exclusive application to regular firefighters
4. Application to temporary employment connected with fire services
5. Application to permanent employment as instructor
6. Reckoning of service for purposes of awards
7. Qualifying injury
8. Disablement
9. Death or infirmity resulting from qualifying injury
10. Effective date of retirement

PART 2

INJURY AWARDS AND DUTY-RELATED COMPENSATION
1. Injury awards
2. Part-time, retained and volunteer firefighters
3. Compensation for death or permanent incapacity while on duty
4. Commutation of small compensatory pensions

PART 3

AWARDS ON DEATH: SPOUSES AND CIVIL PARTNERS
1. Special award for spouse or civil partner
2. Augmented award for spouse or civil partner
3. Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership
4. Limitation where spouse or civil partner is living apart
5. Effect of new relationship
6. Amount of Survivior's Pension: special cases

PART 4

AWARDS ON DEATH: CHIDREN
1. Child's special allowance
2. Child's special gratuity
3. Child's special allowance or gratuity: limitations

PART 5

AWARDS ON DEATH: ADDITIONAL PROVISIONS
1. Adult dependent relative's special pension
2. Dependent relative's gratuity
3. Lump sum in lieu of surviving spouse's or civil partner's pension
4. Lump sum in lieu of child's special allowance
4. Increase of pensions and allowances during first 13 weeks

PART 6

DETERMINATION OF QUESTIONS AND APPEALS
1. Determination by fire and rescue authority
2. Appeal to medical referee
3. Appeal to Crown Court

PART 7

SERVICEMEN
1. Interpretation of Part 7
2. Awards to servicemen
3. Awards on death of servicemen
4. Servicemen who resume service as regular firefighters

PART 7A

RESERVISTS
1. Interpretation of Part 7A
2. Awards to reservists
3. Awards on death of reservists
4. Reservists who resume service as firefighters

PART 8

SPECIAL CASES
1. Award for or in relation to employee who is not a regular or retained firefighter
2. Award for or in relation to a retained or volunteer firefighter
3. Employees other than regular firefighters: supplementary

PART 9

REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS
1. Review of injury pension
2. Reduction of award in case of default
3. Withdrawal of pension during service as regular firefighter
4. Withdrawal of pension on conviction of certain offences
5. Forfeiture of award

PART 10

PAYMENT OF AWARDS AND FINANCIAL PROVISIONS
1. Authorities responsible for payment of awards
2. Payment of awards
3. Prevention of duplication

  SCHEDULE 1 Injury Awards and Duty-Related Compensation

  SCHEDULE 2 Awards for Spouses and Civil Partners

  SCHEDULE 3 Awards on death: children

  SCHEDULE 4 Awards on death: additional provisions

  SCHEDULE 5 Appeal to board of medical references

  SCHEDULE 6 Servicemen: Increased Awards

  SCHEDULE 7 Reservists: Increased Awards


PART 1

GENERAL PROVISIONS

Title and commencement
     1. —(1) The title of this Scheme is the Firefighters' Compensation Scheme (Wales) 2007.

    (2) With the exception of rule 3 of Part 2 (compensation for death or permanent incapacity while on duty), the provisions of this Scheme have effect from 1 April 2006.

    (3) Rule 3 of Part 2 has effect from 1 April 2000.

Interpretation
     2. —(1) In this Scheme—

and "parent" shall be construed accordingly;

    (2) Where this Scheme requires anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

Exclusive application to regular firefighters
     3. —(1) Subject to paragraph (3) and Part 8 (special cases), this Scheme applies in relation to regular firefighters and their spouses or civil partners and dependants to the exclusion of pension provision under any enactment other than section 34 of the 2004 Act and the Social Security Act 1975[
12].

    (2) In paragraph (1) "pension provision" means any provision for the payment of an award, on death or permanent disablement, in respect of employment as a regular firefighter.

    (3) A person who is not an employee of a fire and rescue authority but whose employment is, under rule 4 or 5 of this Part, treated for the purposes of this Scheme as employment as a regular firefighter, is not a regular firefighter for the purposes of this rule.

Application to temporary employment connected with fire services
     4. —(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered temporary employment.

    (2) For the purposes of this rule temporary employment is employment, on duties connected with the provision of fire and rescue services—

    (3) Where this rule applies the person's temporary employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority; and this Scheme applies in relation to the temporary employment as if—

Application to permanent employment as instructor
     5. —(1) This rule applies in the case of a person who has ceased to perform duties as a regular firefighter and has entered permanent employment.

    (2) For the purposes of this rule permanent employment is employment, on duties connected with the provision of fire and rescue services, as an instructor at the central training institution or any training centre maintained by the Secretary of State or the National Assembly for Wales.

    (3) Where this rule applies the person's permanent employment shall be treated for the purposes of this Scheme as employment by a fire and rescue authority and this Scheme applies in relation to the permanent employment as if—

Reckoning of service for purposes of awards
     6. —(1) Subject to paragraph (3), for the purpose of calculating an award payable to or in respect of an employee of a fire and rescue authority by reference to any period in years (including a period of pensionable or other service) the period shall be reckoned as—

B

A + 365 . . . . . . . . . . . . . . . . . . . . years
where—

    (2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter—

the credited period counts as pensionable service reckonable by reason of service or employment before and after the material date in the same proportion as that between the parts of the previous employment period falling before and after the material date.

    (3) Subject to rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter) and Part 2 of Schedule 2, any period of service as a part-time employee of a fire and rescue authority shall be treated as service as a whole-time employee of a fire and rescue authority when calculating a person's pensionable service.

Qualifying injury
     7. —(1) Except in—

references in this Scheme to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a regular firefighter.

    (2) In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of his duties as a regular, retained or volunteer firefighter.

    (3) In rule 2 of Part 8 and paragraph (4) of rule 3 of Part 10, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a retained or volunteer firefighter.

    (4) In paragraphs (2) and (3) of rule 1 of Part 10 and paragraph (5) of rule 3 of that Part, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a firefighter.

    (5) For the purposes of this Scheme an injury shall be treated as having been received by a person without his default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Disablement
     8. —(1) References in this Scheme to a person's being permanently disabled are references to his being disabled at the time when the question arises for decision and to his disablement being at that time likely to be permanent.

    (2) In determining whether a disablement is permanent, a fire and rescue authority shall have regard to whether the disablement will continue until the person's normal pension age.

    (3) Subject to paragraph (4), disablement means incapacity, occasioned by infirmity of mind or body, for the performance of duty, except that, in relation to a child, it means incapacity, so occasioned, to earn a living.

    (4) Where it is necessary to determine the degree of a person's disablement, it shall be determined by reference to the degree to which his earning capacity has been affected as a result of a qualifying injury.

    (5) Where, as a result of a qualifying injury, a person is receiving in-patient treatment at a hospital, he shall be treated as being totally disabled.

    (6) Where—

it shall be taken to be the date on which the claim that he is disabled is first made known to the fire and rescue authority.

Death or infirmity resulting from qualifying injury
     9. —(1) Except for the purposes of rule 3 of Part 2, a person shall be taken to have died from the effects of a qualifying injury if it appears that, had he not suffered that injury, he would not have died when he did.

    (2) Except for the purposes of rule 3 of Part 2, in the case of a person who has died or become permanently disabled, any infirmity of mind or body shall be taken to have been occasioned by an injury if the injury caused or substantially contributed to the infirmity or, as the case may be, the person's death.

Effective date of retirement
     10. For the purposes of this Scheme an employee of a fire and rescue authority shall be taken to retire immediately after his last day of service.



PART 2

INJURY AWARDS AND DUTY-RELATED COMPENSATION

Injury awards
     1. —(1) This rule applies to a firefighter who has retired and is permanently disabled if the infirmity was occasioned by a qualifying injury.

    (2) The firefighter is entitled—

    (3) Payment of an injury pension is subject to paragraph 4 of Part 1 of Schedule 1.

    (4) Where the firefighter retired before becoming permanently disabled, no payment in respect of an injury pension shall be made for the period before he became permanently disabled.

Part-time, retained and volunteer firefighters
     2. —(1) Where a person is entitled to an award under this Part and some or all of his service, by virtue of which his pensionable service is reckonable, is part-time service, his award shall be calculated in accordance with Part 2 of Schedule 1.

    (2) Where a person —

his award shall be calculated in accordance with Part 3 of Schedule 1.

Compensation for death or permanent incapacity while on duty
     3. —(1) This rule applies—

    (2) Subject to paragraphs (4) and (6) to (8), the fire and rescue authority shall pay—

    (3) The amount is equal to five times the annual pensionable pay that a person who—

would receive, calculated—

    (4) If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the fire and rescue authority shall, subject to paragraphs (6) to (8), pay to his executor or personal representative, for the benefit of his estate, the sum of £950.

    (5) The recipient of a payment under paragraph (2) or (4)—

    (6) Where the firefighter's serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the fire and rescue authority may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as they consider appropriate.

    (7) The fire and rescue authority shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

    (8) The fire and rescue authority shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or 1992 Scheme, or any lump sum payable under the 2007 Scheme other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

    (9) For the purposes of this rule—

    (10) In paragraph (9)(b)(iii), "long-term relationship" means a relationship that has continued, to the exclusion of any other relationship, for the period of at least two years ending with the date of the firefighter's death or such shorter period as the fire and rescue authority may in any particular case allow.

Commutation of small compensatory pensions
     4. —(1) Where the total amount of—

does not exceed the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule)[15], the fire and rescue authority may commute the pension for a lump sum.

    (2) The amount of a lump sum under this rule is the actuarial equivalent calculated from tables prepared by the Government Actuary.



PART 3

AWARDS ON DEATH: SPOUSES AND CIVIL PARTNERS

Special award for spouse or civil partner
     1. —(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

leaving a surviving spouse or civil partner.

    (2) Subject to rules 3, 4 and 6 the surviving spouse or civil partner is entitled—

    (3) Where the deceased died while serving as a regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay or, as the case may be his final pensionable pay and the greater of—

    (4) In any other case the amount of the gratuity is 25% of the deceased's average pensionable pay or, as the case may be, his final pensionable pay.

    (5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

Augmented award for spouse or civil partner
     2. —(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

leaving a surviving spouse or civil partner, and one of the conditions in paragraph (2) is satisfied.

    (2) The conditions are—

    (3) Where this rule applies, rule 1 of this Part applies with the modifications set out in paragraphs (4) and (5) below.

    (4) For the purpose of calculating the special pension, Part 1 of Schedule 2 has effect with the substitution for "45% " of "50% ".

    (5) Unless they produce a more favourable result, paragraphs (3) to (5) of rule 1 do not apply, and the amount of the gratuity is twice the annual pensionable pay, at the date of the death, of a regular firefighter employed in the role of firefighter by a fire and rescue authority and entitled to reckon 30 years' service for the purposes of pay.

Limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership
     3. —(1) A surviving spouse or civil partner is not entitled to a special pension under rule 1 or an augmented pension under rule 2 unless he was married to, or had a civil partnership with, the deceased during a period before the deceased last ceased to be a regular firefighter.

    (2) A surviving spouse who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension calculated in accordance with Part 2 of Schedule 2.

    (3) A surviving civil partner who, but for paragraph (1), would be entitled to a pension mentioned in that paragraph, is instead entitled to a pension of such amount as bears to the pension to which, under paragraph (2), he would have been entitled had he been the deceased's surviving spouse, the same proportion that the deceased's service after 5 April 1988 bears to the whole of his pensionable service.

Limitation where spouse or civil partner is living apart
     4. —(1) Subject to paragraph (1A), a surviving spouse or civil partner who at the time of the death was living apart from the deceased is not entitled to any award under rule 1 or 2 of this Part.

    (1A) Paragraph (1) does not apply to a person —

    (2) Except where paragraph (3) applies, a surviving spouse or civil partner who, but for paragraph (1), would be entitled to an award under rule 1 or 2, is entitled instead to a pension calculated—

    (3) Where—

the surviving spouse or civil partner is entitled to a pension of the appropriate amount.

    (4) Relevant contributions are contributions paid or payable—

the amount of which exceeds that of the pension that would otherwise be payable under paragraph (2).

    (5) The appropriate amount is the lesser of—

    (6) The fire and rescue authority may determine that, for such period as they think fit, a pension under paragraph (2) or (3) shall be paid at such increased rate, not exceeding that of the pension which would have been payable but for paragraph (1), as they think fit.

    (7) Where, but for paragraph (1), the surviving spouse or civil partner would be entitled to a gratuity, the fire and rescue authority may decide that the gratuity be paid in whole or part, as they think fit.

Effect of new relationship
     5. —(1) Subject to paragraph (3), a person entitled to a pension under this Part who marries, remarries, forms a civil partnership or a subsequent civil partnership is not entitled to receive any payment on account of the pension in respect of any subsequent period; but if the marriage or civil partnership is dissolved or the other party to it dies, the fire and rescue authority may pay the whole or any part of the pension for such period after the dissolution or death as they think fit.

    (2) Subject to paragraph (3), where a person entitled to a gratuity under this Part marries, remarries, forms a civil partnership or a subsequent civil partnership, any part of the gratuity that has not already been paid ("the outstanding amount") ceases to be payable; but if the marriage or civil partnership is dissolved or the other party to it dies the fire and rescue authority may pay the person the whole or any part of the outstanding amount.

    (3) Paragraph (1) and (2) do not apply to a person —

Amount of survivor's pension: special cases
     6. —(1) This rule applies in relation to a person —

    (2) Subject to paragraph (3), where the person entitled to a special pension under rule 1 is more than twelve years younger than the deceased on the day on which he dies, a reduction of 2.5 per cent. for each year by which the age of the surviving spouse or civil partner exceeds, by more than twelve years, that of the deceased, shall be applied to the Schedule 2 amount.

    (3) Where the application of paragraph (2) would result in the payment of a special pension of less than 50 per cent. of the Schedule 2 amount, the special pension shall be 50 per cent. of the Schedule 2 amount.

    (4) In paragraphs (2) and (3), "the Schedule 2 amount" means the amount that would have been ascertained in accordance with Part 1 of Schedule 2 if rule 1 were not subject to this rule.

    (5) For the purposes of paragraph (2), a part of a year shall be treated as a whole year.

    (6) References in this rule to rule 1 include references to that rule as applied by rule 2(3).



PART 4

AWARDS ON DEATH: CHIDREN

Child's special allowance
     1. —(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

leaving a child.

    (2) Subject to rule 3, where this rule applies the child is entitled to a child's special allowance calculated in accordance with paragraph 1 of Part 1 of Schedule 3.

Child's special gratuity
     2. —(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

leaving a child but not leaving a surviving spouse or civil partner entitled to a gratuity under rule 1 of Part 3, and one of the conditions in rule 2(2) of that Part is satisfied.

    (2) Subject to rule 3, where this rule applies the child is entitled to a gratuity in addition to a child's special allowance.

    (3) Where only one child is entitled to a gratuity, its amount is that specified in rule 2(5) of Part 3 ("the full amount"); where two or more children are entitled, the amount of each gratuity is the full amount divided by the number of children entitled.

Child's special allowance or gratuity: limitations
     3. —(1) No allowance or gratuity under this Part shall be paid—

the relevant date being in each case the date on which the deceased ceased to be a regular firefighter.

    (2) Subject to paragraphs (3) and (4), no allowance shall be paid to a person if —

    (3) A child who is aged 18 but not more than 23 is entitled to an allowance if he is in full-time education or attending a course of at least one year's duration.

    (4) A child who is aged 18 or more is entitled to an allowance if, when the scheme member dies, he is dependent on him by reason of permanent disablement.

    (5) A child's allowance ceases to be payable —

    (6) Unless paragraph (5)(c) applies, an allowance payable in the circumstances mentioned in paragraph (4) is payable for life.



PART 5

AWARDS ON DEATH: ADDITIONAL PROVISIONS

Adult dependent relative's special pension
     1. —(1) This rule applies where a person who is or has been a regular firefighter dies from the effects—

and there is an adult dependent relative.

    (2) An adult dependent relative is—

who was substantially dependent on the deceased immediately before the death.

    (3) If the fire and rescue authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

    (4) A special pension under this rule—

Dependent relative's gratuity
     2. —(1) This rule applies where a person dies—

    (2) A relative is a person who is, or is a child of, a surviving spouse or civil partner, or a parent, grandparent or child of the deceased, and a dependent relative is any relative who—

    (3) If the fire and rescue authority think fit, they may grant a gratuity to a dependent relative; but the aggregate of all gratuities granted under this paragraph in respect of the death shall not exceed the amount of the deceased's aggregate pension contributions.

Lump sum in lieu of surviving spouse's or civil partner's pension
     3. —(1) Where the amount of any pension payable under Part 3, together with any increase under the Pensions (Increase) Act 1971, does not exceed the commutation limit specified for the purposes of Part 2 of Schedule 29 to the Finance Act 2004[
17] (lump sum death benefit rule) the fire and rescue authority may commute the pension for a lump sum.

    (2) Where—

the fire and rescue authority may commute the pension for a lump sum.

    (3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.

    (4) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.

Lump sum in lieu of child's special allowance
     4. —(1) Where—

the fire and rescue authority may commute the allowance for a lump sum.

    (2) A lump sum under this rule shall be calculated in accordance with Part 2 of Schedule 4.

Increase of pensions and allowances during first 13 weeks
     5. —(1) Paragraphs (2) to (4) apply to an award under rule 1 of Part 3 (special award for spouse or civil partner) ("survivor's pension") where the deceased died—

    (2) For each of the first 13 weeks for which it is payable the survivor's pension shall, if necessary, be increased so that the total of—

is not less than the appropriate amount.

    (3) The appropriate amount is—

immediately before the death.

    (4) For the purposes of paragraph (3)(b)—

    (5) Paragraphs (6) and (7) apply to a child's special allowance under this Scheme a child's ordinary or accrued allowance under the 1992 Scheme or a child pension under the 2007 Scheme where the deceased died as mentioned in paragraph (1) and—

    (6) Subject to paragraph (7), for each of the first 13 weeks for which it is payable an allowance shall, if necessary, be increased—

    (7) No allowance shall be increased under paragraph (6) for any week for which an injury pension under this Scheme or a pension under the 1992 Scheme or the 2007 Scheme is payable to a surviving spouse or civil partner.



PART 6

DETERMINATION OF QUESTIONS AND APPEALS

Determination by fire and rescue authority
     1. —(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire and rescue authority.

    (2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

the authority shall obtain the written opinion of an independent qualified medical practitioner selected by them; and the opinion of the independent qualified medical practitioner shall be binding on the authority.

    (3) In his written opinion, the independent qualified medical practitioner must certify that—

    (4) If by reason of the person's refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—

give a decision on the issue.

Appeal to medical referee
     2. —(1) Where—

the authority shall supply him with a copy.

    (2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the fire and rescue authority in accordance with paragraph 1 of Schedule 5.

    (3) A fire and rescue authority shall be bound by any decision on any issue referred to in subparagraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

    (4) Further provisions as to appeals under this rule are contained in Schedule 5.

Appeal to Crown Court
     3. —(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the fire and rescue authority —

the authority shall reconsider the case if he applies to them to do so.

    (2) If he is dissatisfied with any determination given by the fire and rescue authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to sub-paragraph (3), make such order or declaration in the matter as appears to it to be just.

    (3) Nothing in paragraph (2) shall be taken to authorise the Crown Court—



PART 7

SERVICEMEN

Interpretation of Part 7
     1. —(1) This Part applies to a person who —

and in this Part such a person is referred to as a serviceman.

    (2) For the purposes of this Scheme a serviceman shall be treated as having continued to be a regular firefighter during his period of relevant service in the armed forces (referred to in this Part as his "forces period").

    (3) References in this Part to relevant service in the armed forces are references to—

Awards to servicemen
     2. —(1) This rule applies to a serviceman who, at the end of his forces period, is permanently disabled.

    (2) Subject to paragraph (3), rule B3 of the 1992 Scheme (ill-health award) has effect in relation to a serviceman to whom this rule applies as if he had been required to retire under rule A15 of the 1992 Scheme (compulsory retirement on grounds of disablement) at the end of his forces period.

    (3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire and rescue authority may—

    (4) Paragraph 1 of Schedule 6 has effect for limiting increases under paragraph (3)(b).

Awards on death of servicemen
     3. —(1) This rule applies in the case of a serviceman who—

    (2) If the serviceman dies from the effects of an injury received during his forces period or a qualifying injury the fire and rescue authority may—

    (3) The appropriate amount mentioned in paragraph (2)(a) is £379.78 increased as described in rule E9(7) and (8) of the 1992 Scheme (flat-rate awards).

    (4) Paragraphs 2 and 3 of Schedule 6 have effect for limiting increases under paragraph (2)(b).

Servicemen who resume service as regular firefighters
     4. Paragraphs (3) and (4) of rule 2 or, as the case may be, paragraphs (2) to (4) of rule 3 shall apply in relation to a serviceman who, having sustained an injury during his forces period and resumed service as a regular firefighter—

as they apply in relation to servicemen to whom rule 2 or, as the case may be, rule 3 applies.



PART 7A

RESERVISTS

Interpretation of Part 7A
     1. —(1) This Part applies to a person who —

and in this Part such a person is referred to as a reservist.

    (2) For the purposes of this Scheme a reservist shall be treated as having continued to be a firefighter during his period of relevant service in the armed forces (referred to in this Part as his "forces period").

    (3) References in this Part to relevant service in the armed forces are references to —

Awards to reservists
     2. —(1) This rule applies to a reservist who, at the end of his forces period, is permanently disabled.

    (2) Subject to paragraph (3), rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement) has effect in relation to a reservist to whom this rule applies as if the reservist were a firefighter member taking ill-health retirement at the end of his forces period.

    (3) Where the infirmity that occasioned his incapacity for the performance of duty was occasioned by an injury received during his forces period or by a qualifying injury the fire and rescue authority may —

    (4) Paragraph 1 of Schedule 7 has effect for limiting increases under paragraph (3)(b).

Awards on death of reservists
     3. —(1) This rule applies in the case of a reservist who —

    (2) If the reservist dies from the effects of an injury received during his forces period or a qualifying injury, the fire and rescue authority may, subject to paragraph (3), increase any pension or child pension payable under rule 1, or rule 6 or 9, of Part 4 of the 2007 Scheme.

    (3) Paragraphs 2 and 3 of Schedule 7 have effect for limiting increases under paragraph (2).

Reservisits who resume service as firefighters
     4. Paragraph (2) of rule 2 or, as the case may be, paragraph (2) of rule 3 shall apply in relation to a reservist who, having sustained an injury during his forces period and resumed service as a firefighter —

as they apply in relation to reservists to whom rule 2 or, as the case may be, rule 3 applies.



PART 8

SPECIAL CASES

Award for or in relation to employee who is not a regular or retained firefighter
     1. —(1) This rule applies where a person who is an employee of a fire and rescue authority but is not a firefighter suffers an injury, without his own default—

    (2) If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

    (3) If the person dies from the effects of the injury, either before or after retiring from that employment, the fire and rescue authority may, subject to paragraph (4)—

    (4) The total of—

must not exceed the appropriate amount.

    (5) An additional benefit is any payment of whatever nature made—

except a benefit payable under Chapter IV or Chapter V of Part II of the Social Security Act 1975[20]; and a relevant additional benefit is, in relation to a pension or allowance under this rule, one by way of periodical payments and, in relation to a gratuity under this rule, one otherwise than by way of periodical payments.

    (6) Subject to paragraph (6A), the appropriate amount is—

which would have been payable on the required assumptions.

    (6A) Where a person is or has been a part-time employee, the appropriate amount is that found by applying the formula —

(A × (B + C)) ÷ D
where —

    (7) The required assumptions are—

Award for or in relation to a retained or volunteer firefighter
     2. —(1) This paragraph applies to a person—

if the infirmity that occasioned his incapacity for the performance of duty was occasioned by a qualifying injury.

    (2) A person to whom paragraph (1) applies shall be treated for the purposes of rules 1 and 3 of Part 2 (injury awards) as having been a regular firefighter falling within the description in paragraph (10) below; but an award under rule 1 or 3 shall be reduced by 75 per cent. of any other pension under the 1992 Scheme or the 2007 Scheme that is then in payment.

    (3) Rules B7 (commutation), B9 (allocation), and B10 (limitation of commuted or allocated portion) of the 1992 Scheme[
21] or rule 9 of Part 3 of the 2007 Scheme (commutation: general) or rule 11 of that Part (allocation of pension) shall apply in relation to the awards to which, by virtue of paragraph (2) above, he is entitled.

    (4) Subject to paragraph (4A), a person to whom paragraph (1) applies shall be treated for the purposes of rule B3 (illhealth awards) of the 1992 Scheme as having been a regular firefighter falling within the description in paragraph (10) below; and rules B7 (commutation), B9 (allocation), B10 (limitation of commuted or allocated portion), K1 (review of ill-health and certain deferred pensions), K1A (consequences of review) and K3 (reduction in case of default) of the 1992 Scheme or, if he has become a member of the 2007 Scheme, rule 9 or 11 of Part 3 of the 2007 Scheme, rule 1 of Part 9 of that Scheme (review of ill-health pension) and rule 2 of that Part (consequences of review) apply accordingly in relation to the awards to which he is thus entitled.

    (4A) In the case of a person who has become a member of the 2007 Scheme, the award under rule B3 of the 1992 Scheme shall be reduced by the amount of any award to which the person is entitled under rule 2 of Part 3 of the 2007 Scheme (award on ill-health retirement).

    (5) This paragraph applies where —

    (6) Where paragraph (5) applies and the deceased leaves a surviving spouse or civil partner, the deceased shall be treated for the purposes of rules 1 and 2 of Part 3 (spouse's or civil partner's special and augmented awards) as having been a regular firefighter falling within the description in paragraph (10) below.

    (7) Rules 3, 4 and 5 of Part 3 (limitations with reference to date of marriage or formation of partnership and where spouses or civil partners living apart, and effect of new relationship), rule 3 of Part 5 (gratuity in lieu of surviving spouse's or civil partner's pension) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (6) above, the spouse or civil partner is entitled.

    (8) Where paragraph (5) applies and the deceased leaves a child, the deceased shall be treated for the purposes of rules 1 and 2 of Part 4 (child's special allowance and gratuity) as having been a regular firefighter falling within the description in paragraph (10) below.

    (9) Rule 3 of Part 4 (child's special allowance or gratuity: limitations), rule 4 of Part 5 (lump sum in lieu of child's special allowance) and rule 5 of that Part (increase of pensions and allowances during first 13 weeks) shall apply in relation to the awards to which, by virtue of paragraph (8) above, the child is entitled.

    (10) The regular firefighter mentioned in paragraph (2), (4), (6) or (8) is one who is a wholetime employee of a fire and rescue authority and—

Employees other than regular firefighters: supplementary
     3. —(1) Part 1 applies for the interpretation of rules 1 and 2.

    (2) Parts 6, 9 and 10 apply in relation to awards under rules 1 and 2 of this Part.



PART 9

REVIEW, WITHDRAWAL AND FORFEITURE OF AWARDS

Review of injury pension
     1. —(1) Where a person is in receipt of an injury pension, the fire and rescue authority shall, at such intervals as they think fit, consider whether the degree of his disablement has substantially altered; if they find that it has, the pension shall be reassessed accordingly.

    (2) Where the authority, on consideration under paragraph (1), find that his disability has ceased, the injury pension shall cease with immediate effect.

    (3) This rule ceases to have effect with respect to a particular injury pension if, at any time after the expiration of 5 years from the time when it first became payable, the fire and rescue authority so resolve.

Reduction of award in case of default
     2. —(1) Subject to paragraph (2), where a person —

the fire and rescue authority may reduce any injury award payable to him by them to not less than half its full amount.

    (2) Where—

    (3) The notional deferred pension is the deferred pension that would have been payable under rule B5 of the 1992 Scheme[22] or rule 3 of Part 3 of the 2007 Scheme if the person had become entitled to one on the date of his ceasing to serve.

Withdrawal of pension during service as regular firefighter
     3. The fire and rescue authority by whom a pension under this Scheme is payable may withdraw the whole or any part of the pension, except a pension under Part 3 (awards on death: spouses and civil partners), for any period during which the person entitled to it is employed as a firefighter by any fire and rescue authority.

Withdrawal of pension on conviction of certain offences
     4. —(1) n the circumstances specified in paragraph (2) the fire and rescue authority by whom a pension under this Scheme is payable may withdraw the pension in whole or in part and permanently or temporarily as they may specify.

    (2) The circumstances are—

    (3) The offences mentioned in paragraph (2)(a) are—

    (4) The fire and rescue authority may, to such extent as they at any time think fit—

so much of any pension as has been withdrawn under this rule.

Forfeiture of award
     5. A person who has been convicted of an offence under subsection (6) of section 34 of the Fire and Rescue Services Act 2004 (acts or omissions for purposes of obtaining awards or other sums), forfeits the whole or part of an award or sum obtained by him under this scheme, as the fire and rescue authority think fit.



PART 10

PAYMENT OF AWARDS AND FINANCIAL PROVISIONS

Authorities responsible for payment of awards
     1. —(1) Subject to paragraph (2), an award payable under this Scheme to or in respect of a person by reason of his having received an injury while employed by a fire and rescue authority is payable by the authority by whom he was employed when he received the injury.

    (2) Subject to paragraph (3), where —

the award shall be paid —

    (3) An award payable to a person in respect of a qualifying injury sustained in the course of his employment with one authority and a different qualifying injury sustained in the course of his employment with another authority shall be paid —

Payment of awards
     2. —(1) While a pension or allowance is payable under this Scheme—

but payment may be delayed to the extent necessary for determining any question as to the liability of the authority.

    (2) Where a person dies after receiving a payment in advance in respect of a pension or allowance, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after his death.

    (3) Where, after receiving a payment in advance in respect of a pension under Part 3, a person marries, remarries, forms a civil partnership or a subsequent civil partnership, no claim for repayment shall be made on the ground that the payment or any part of it is referable to a period after the marriage took place or, as the case may be, the civil partnership was formed.

    (4) Subject to paragraphs (5) and (6), pensions under Part 3 and allowances under Part 4 ("survivors' benefits") are payable from the date of the death.

    (5) Subject to paragraph (6), in the case of a posthumous child any allowance under Part 4 is payable from the date of his birth.

    (6) Where the deceased—

no survivors' benefits are payable before the end of that period.

    (7) A gratuity shall be paid in one sum as soon as the entitlement to it arises, except that—

Prevention of duplication
     3. —(1) This rule applies where, in respect of any particular period, a person is entitled to—

    (2) A pension payable —

is not a pension for the purposes of this rule.

    (3) Subject to paragraph (4) and rule L4 of the 1992 Scheme or, as the case may be, rule 4 of Part 14 of the 2007 Scheme, where this rule applies only one of the pensions or allowances shall be paid in respect of the period in question; if they are for the time being unequal in amount, the one to be paid is the largest of them.

    (4) For the purposes of this rule, where a person is entitled—

those pensions shall be treated as one.

    (5) Where—

a single award shall be paid under rule 2 of Part 8; and the award shall be payable by the fire and rescue authorities in such proportion as may be agreed or, in default of agreement, in equal shares.

    (6) If a transfer value or cash equivalent is paid, any award to which the person became entitled under Part 2 on ceasing to serve as a regular firefighter ceases to be payable.

Prevention of duplication: other injury awards for persons who are both regular and retained firefighters
     4. —(1) In this rule—

    (2) This paragraph applies to a person employed as both a regular firefighter and a retained firefighter (whether by the same fire and rescue authority or by different fire and rescue authorities) who—

    (3) The fire and rescue authority which employs a person to whom paragraph (2) applies as a regular firefighter shall pay (in full) the B3 award or, as the case may be, the rule 2 award and, subject to paragraph (4), the authority which employs him as a retained firefighter shall pay only the injury element of the Part 8 award.

    (4) Where the amount of the B3 award or, as the case may be, the rule 2 award is less than the amount which, but for paragraph (3), would have been paid to the person as the ill-health element of the Part 8 award, the fire and rescue authority which employs him as a retained firefighter shall pay him an amount equal to the amount of the difference.

    (5) A firefighter who is entitled to both an injury award and a Part 8 award shall receive, in respect of those awards, a single award of an amount equal to the injury award or the Part 8 award, whichever is greater; and rule 1(2) of this Part shall apply as regards the payment of that single award.

Prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters
     5. —(1) This rule applies where—

    (2) The descriptions mentioned in this paragraph are—

    (3) The descriptions mentioned in this paragraph are—

    (4) The award of the description in paragraph (3) shall be paid in full, and the award of the description in paragraph (2) shall not be paid.

    (5) Where the amount of the award paid to a person in accordance with paragraph (4) is less than the amount which, but for that paragraph, would have been paid to him by way of an award of a description in paragraph (2), the fire and rescue authority which employed the deceased as a retained firefighter shall pay an amount equal to the amount of the difference.



SCHEDULE 1
Part 2


INJURY AWARDS AND DUTY-RELATED COMPENSATION




PART 1

CALCULATION OF AWARDS FOR FULL-TIME SERVICE

     1. —(1) Subject to Part 2 and 3 of this Schedule, the amounts of the injury gratuity and the injury pension shall be calculated by reference to the Table below.

    (2) In the headings in the Table references to relevant service are references to service which either was, or would but for an election under rule G3 of the 1992 Scheme or rule 5 of Part 2 of the 2007 Scheme or a failure to elect under rule G2A of the 1992 Scheme or rule 4 of Part 11 of the 2007 Scheme have been, reckonable as pensionable service.


Table
Percentage disablement Gratuity percentage of average pensionable pay or, as the case may be, final pensionable pay Pension as percentage of average pensionable pay or, as the case may be, final pensionable pay
                      Less than 5 years' relevant service 5 or more but less than 15 years' relevant service 15 or more but less than 25 years' relevant service 25 or more years' relevant service
25 or less (slight disablement) 12.5 15 30 45 60
More than 25 but not more than 50 (minor disablement) 25 40 50 60 70
More than 50 but not more than 75 (major disablement) 37.5 65 70 75 80
More than 75 (severe disablement) 50 85 85 85 85

     2. —(1) The amount of a person's injury pension under rule 1 of Part 2 shall be reduced by three quarters of the amount of any other pension referable to his service as a firefighter (including, if rule 4 of Part 10 applies in his case, the aggregate of the pension to which he is entitled under rule B3 of the 1992 Scheme or, rule 2 of Part 3 of the 2007 Scheme and the amount of the difference referred to in rule 4(4) of Part 10).

    (2) The amount of a person's injury pension calculated in accordance with paragraph 1 shall be reduced by three quarters of the amount of any other pension calculated by reference to pensionable service reckonable by virtue of the period of service during which he received the qualifying injury or, where an election under rule G3 of the 1992 Scheme or rule 5 of Part 2 of the 2007 Scheme had effect or the person failed to make an election under rule G2A of the 1992 Scheme or rule 4 of Part 11 of the 2007 Scheme, by the amount of any other pension which would otherwise have been so calculated.

    (3) For the purposes of sub-paragraphs (1) and (2), any reduction of the other pension—

shall be disregarded.

     3. —(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

    (2) The additional benefits are—

    (3) The material date for the purposes of sub-paragraph (2)(c) is the first day after the person's retirement which is not, or is deemed not to be, a day of incapacity for work within the meaning of section 14 or 15 of the 1975 Act, or, as the case may be, a day on which he is incapable for work within the meaning of section 36 of the 1975 Act, and the benefits are—

    (4) In relation to the additional benefit mentioned in sub-paragraph (2)(a), relevant increases comprise any increase in the benefit attributable to an increase in the pension—

and so long as the person is receiving treatment as an in-patient at a hospital as a result of the qualifying injury, any increase in the pension under section 62 of the 1975 Act (hospital treatment).

    (5) In relation to the additional benefits referred to in sub-paragraph (2)(c), any increase under any provision of Chapter III of Part II of the 1975 Act (dependants) is a relevant increase.

    (6) Where the provisions governing scales of additional benefits have changed after the person ceased to be a regular firefighter, the amount of the reduction in his injury pension in respect of any week on account of a particular benefit shall not exceed what it would have been if those provisions had not changed; where the benefit includes an amount attributable to an increase under section 60 of the 1975 Act (special hardship), it is to be assumed that the increase would have borne the same relationship to the former maximum for increases under that section.

    (7) Where a person has become entitled to a disablement gratuity under section 57 of the 1975 Act in respect of the qualifying injury, this paragraph has effect as if he were entitled under that section during the relevant period to a disablement pension of the amount that would be produced by converting the gratuity into an annuity for that period; the relevant period is the period taken into account, in accordance with section 57 of the 1975 Act, for the purpose of making the assessment by reference to which the gratuity became payable.

     4. No payment shall be made in respect of an injury pension for any week in which the aggregate reductions under paragraphs 2 and 3 equal or exceed the amount of the pension calculated in accordance with paragraph 1.



PART 2

CALCULATION OF AWARDS FOR PART-TIME SERVICE

     1. Where some or all of a person's service, by virtue of which his pensionable service is reckonable, is part-time service, his injury gratuity or pension under Part 1 shall be calculated in accordance with this Part.

     2. —(1) Subject to sub-paragraph (2) the amount of the gratuity or pension is—

(A × (B + C)) ÷ D
where—

    (2) Where the person is a member of the 1992 Scheme, neither (B + C) nor D shall exceed 30 years.



PART 3

CALCULATION OF AWARDS FOR RETAINED OR VOLUNTEER SERVICE

     1. The amounts of the injury gratuity and injury pension payable to a retained or volunteer firefighter shall be calculated in accordance with paragraph 1(2) of Part 1 as if for "pensionable service" there were substituted "pensionable retained service."



SCHEDULE 2
Part 3


AWARDS FOR SPOUSES AND CIVIL PARTNERS




PART 1

SPECIAL PENSION

     1. Subject to paragraph 2, the weekly amount of a special pension is 45% of the deceased's average pensionable pay or, as the case may be, final pensionable pay for a week.

     2. —(1) Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—

(A × (B + C)) ÷ D
where—

    (2) Where the person was a member of the 1992 Scheme, neither (B + C) nor D shall exceed 30 years.



PART 2

AWARD FOR SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE WHERE DECEASED IS A MEMBER OF THE 1992 SCHEME BUT NOT A MEMBER OF THE 2007 SCHEME

     1. —(1) Where the surviving spouse of a person who—

would otherwise have been entitled to a special award under rule 1 of Part 3 or an augmented award under rule 2 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme (spouse's ordinary pension) in the same way as that of an ordinary pension.

    (2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the 1992 Scheme has effect—

     2. The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased's relevant pensionable service bears to his total pensionable service.



SCHEDULE 3
Part 4


AWARDS ON DEATH: CHILDREN




PART 1

CHILD'S SPECIAL ALLOWANCE

     1. Subject to paragraph 4, the amount of a child's special allowance is the appropriate percentage of the deceased's average pensionable pay or, as the case may be, his final pensionable pay.

     2. Where one of the child's parents is alive—

     3. In respect of any period during which neither of the child's parents is alive—

     4. —(1) Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.

    (2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted "A is the amount calculated under paragraphs 1 to 3 of Part 1 of Schedule 3 if the average pensionable pay or, as the case may be, the final pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority".



PART 2

REDUCTION IN CHILD'S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

     1. This Part applies where a child entitled to a special allowance under rule 1 of Part 4 ("the special allowance")—

     2. —(1) Where this Part applies—

    (2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraphs 2(b) and 3(b) of Part 2 of Schedule 4 to the 1992 Scheme and paragraphs 2(b) and 3(b) of Part 1 of this Schedule, applies—

    (3) Notwithstanding anything in sub-paragraph (2)—

     3. —(1) The specified rate is the annual rate (rounded up to the nearest £1) at which an official pension, within the meaning of the Pensions (Increase) Act 1971[34] ("the 1971 Act"), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1 June 1972 and had then been payable at an annual rate of £250.

    (2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 Act.



SCHEDULE 4
Part 5


AWARDS ON DEATH: ADDITIONAL PROVISIONS




PART 1

ADULT DEPENDENT RELATIVE'S SPECIAL PENSION

     1. Subject to paragraphs 2 and 3, the amount of the pension—

of the deceased's average pensionable pay or, as the case may be, his final pensionable pay.

     2. —(1) For any week for which the total of—

equals or exceeds the amount of the deceased's average pensionable pay or, as the case may be, his final pensionable pay for a week, no dependent relative's special pension is payable.

    (2) For any week for which the total of the special pension and—

would exceed the amount of the deceased's average pensionable pay or, as the case may be, his final pensionable pay for a week, the dependent relative's special pension shall be reduced so that the total does not exceed that amount.

     3. Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of the deceased's average pensionable pay or, as the case may be, his final pensionable pay shall be calculated using the formula in paragraph 2 of Part 1 of Schedule 2.



PART 2

LUMP SUM IN LIEU OF CHILD'S ALLOWANCE

     1. The amount of the lump sum is such amount, not exceeding the permitted amount, as may be agreed between the fire and rescue authority and—

     2. The permitted amount is the capitalised value of the amount commuted under rule 3 of Part 5, calculated in accordance with tables prepared from time to time by the Government Actuary.



SCHEDULE 5
Part 6


APPEAL TO BOARD OF MEDICAL REFEREES


     1. —(1) Subject to sub-paragraph (2), written notice of appeal against an opinion of the kind mentioned in rule 1(2) of Part 6 stating—

must be given to the fire and rescue authority within 14 days of the date on which he is supplied by them with a copy of the opinion.

    (2) Where—

they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.

     2. —(1) On receiving a notice of appeal the fire and rescue authority shall supply the National Assembly for Wales with two copies of the notice and two copies of the opinion.

    (2) The National Assembly for Wales shall refer an appeal to a board of medical referees ("the board") and shall supply them with a copy of the notice and a copy of the opinion.

     3. —(1) The board shall consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the National Assembly for Wales.

    (2) One member of the board shall be a specialist in a medical condition relevant to the appeal.

    (3) One member of the board shall be appointed as chairman.

    (4) Where there is an equality of voting among the members of the board, the chairman shall have a second or casting vote.

     4. The board shall secure that the appellant and the fire and rescue authority ("the parties") have been informed—

     5. —(1) Subject to sub-paragraph (4), the board—

    (2) The board shall appoint, and give the appellant and the fire and rescue authority not less than 21 days' notice of, the time and place for every interview and medical examination; if the board is satisfied that the appellant is unable to travel, the place shall be the appellant's place of residence.

    (3) The appellant shall attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.

    (4) If—

the board may dispense with the interview required by paragraph (1)(a) or, as the case may be, with any further interview, and may decide the appeal on such information as is then available.

    (5) Any interview under this paragraph may be attended by persons appointed for the purpose by the fire and rescue authority or by the appellant or by each of them.

     6. —(1) Where either party to the appeal intends to submit written evidence or a written statement at an interview held under paragraph 5, the party shall, subject to sub-paragraph (2), submit it to the board and to the other party not less than seven days before the date appointed for the interview.

    (2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than nine days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first mentioned evidence or statement at any time up to, and including, that date.

    (3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the adjournment.

     7. The board shall supply the National Assembly for Wales with a written report of its decision on the relevant medical issues and the National Assembly for Wales shall supply a copy of the report to the appellant and to the fire and rescue authority.

     8. —(1) There shall be paid to the board—

    (2) Any fees and allowances payable to the board under sub-paragraph (1) shall—

     9. —(1) Subject to paragraph 6(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal shall be borne by that party.

    (2) Where the board—

the fire and rescue authority may require the appellant to pay them such sum not exceeding the amount of the fees and allowances payable to the member of the board appointed under paragraph 3(2), as they think fit.

    (3) Where the appellant gives notice to the board of withdrawing the appeal within a period of 21 working days prior to the date appointed for an interview or medical examination by the board under paragraph 5(2), the fire and rescue authority may require the appellant to pay such sum as they think fit, not exceeding the board's total fees and allowances under paragraph 8(1).

    (4) Where the board—

the fire and rescue authority shall refund to the appellant the amount specified in sub-paragraph (5).

    (5) The amount is the total of—

    (6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board's decision is in favour of the fire and rescue authority or of the appellant shall be decided by the board, or in default by the National Assembly for Wales.

     10. Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at his last known place of residence.



SCHEDULE 6
Part 7


SERVICEMEN: INCREASED AWARDS


     1. The total of—

must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule 1 of Part 2 had applied.

     2. The total of—

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

     3. The total of—

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.



SCHEDULE 7
Part 7A


RESERVISITS: INCREASED AWARDS


     1. The total of—

must not exceed the amount of the injury pension to which the reservist would have been entitled if rule 1 of Part 2 had applied.

     2. The total of—

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

     3. The total of—

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.



SCHEDULE 2
Article 2(2)


CORRESPONDING PROVISIONS OF THE PENSION SCHEME AND THE COMPENSATION SCHEME


(1) (2)
Corresponding provision of Pension Scheme Provision of Compensation Scheme
Rule A9 (qualifying injury) In Part 1, rule 7
Rule A10 (disablement) In Part 1, rule 8
Rule A11 (death or infirmity resulting fromInjury In Part 1, rule 9
Rule B4 (injury award) In Part 2, rule 1
Rule C2 (spouse's special award) In Part 3, rule 1
Rule C3 (spouse's augmented award) In Part 3, rule 2
Rule D2 (child's special allowance) In Part 4, rule 1
RuleD3 (child's special gratuity) In Part 4, rule 2
Rule E2 (adult dependent relative's specialpension) In Part 5, rule 1
Rule E8 (increase of pensions and allowances during first 13 weeks) In Part 5, rule 5
Rule I4 (servicemen who resume service as regular firefighters) In Part 7, rule 4
Rule J3 (whole-time member of brigade who is not a regular firefighter) In Part 8, rule 1
Rule J4 (part-time member of brigade) In Part 8, rule 2
Rule J5 (members of brigade other than regular firefighters — supplementary) In Part 8, rule 3
Rule K2 (reassessment of injury pension) In Part 9, rule 2
Rules L4A and L4B (prevention of duplication) In Part 10, rules 4 and 5
In Schedule 1, Part I, the entry relating to "qualifying injury" In Part 1, rule 2(1)
In Schedule 2, Part V (injury awards) Schedule 1
In Schedule 3, Part II (spouse's special pension) Schedule 2
In Schedule 4, Part II (child's specialallowance) Schedule 3
In Schedule 5, Part I ((adult dependentrelative's special pension) Schedule 4
Schedule 10 (servicemen — increased awards) Schedule 6



EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for a new compensation scheme for firefighters in Wales. The new scheme is set out in Schedule 1 to the Order and, subject to provisions relating to rule 3 of Part 2, which have effect from 1 April 2000, has effect from 1 April 2006.

The power to provide for an order to have effect from a date that is earlier than that on which it is made is conferred by section 34(3) and 62 of the Fire and Rescue Services Act 2004.

Subject to the transitional provisions in articles 3 and 4 of the Order, the new Scheme supersedes corresponding provisions of the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen's Pension Scheme Order 1992 (S.I. 1992/129) ("the Pension Scheme"). Those corresponding provisions are listed in Schedule 2 to this Order. This Order also contains provisions which take into account the introduction of a new pension scheme for firefighters employed by fire and rescue authorities in Wales (the New Firefighters' Pension Scheme (Wales) set out in Schedule 1 to S.I. 2007/xxxx). This means that the Compensation Scheme applies to members of both pension schemes.

The new scheme consists primarily of provisions relating to ill-health and injury awards in respect of firefighters, their spouses, civil partners, children and other dependants, that are similar to those contained in, but to be removed from, the Pension Scheme.

The new scheme also includes (in rule 3 of Part 2) provisions based on those that previously formed part of the conditions of service applicable to firefighters. The provisions relate to the payment of compensation in respect of firefighters who die or sustain seriously disabling injuries while on duty.

The broad effect of rule 3 of Part 2 is that, where the firefighter dies while on duty, compensation of a lump sum is payable to his or her dependants. The lump sum is equivalent to the amount that a person employed in the role of firefighter by the same fire and rescue authority would receive as five years' pensionable pay after four years' service, at the rate applying at the date of the incident. If there are no dependants, a flat-rate payment of £950 is made to the deceased's estate. Those amounts are subject to abatement depending on the amount of any damages or compensation received by the firefighter or his or her dependants, and any gratuities paid.

Article 3 of the Order enables a person whose position under the new scheme would be less favourable than that under the Pension Scheme to elect to retain benefits under that Scheme. Notice of election has to be given to the fire and rescue authority before 28 June 2007.

A regulatory appraisal has been carried out in connection with this Order and is available from the Fire and Rescue Branch, Community Safety Division, National Assembly for Wales, Rhydycar, Merthyr Tydfil, CF48 1UZ (telephone 01685 729000).


Notes:

[1] 2004 c.21.back

[2] S.I. 1992/129. The Scheme was made under section 26 of the Fire Services Act 1947 (c.41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c.21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen's Pension Scheme, by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.back

[3] 1998 c.38.back

[4] 2004 c.21.back

[5] S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. The Scheme was made under section 26 of the Fire Services Act 1947 (c.41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c.21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen's Pension Scheme, by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.back

[6] S.I. 2007/1072 (W.110).back

[7] See rule G1.back

[8] 2004 c.21; see section 1 of the Act.back

[9] The Faculty of Occupational Medicine is a registered charity no. 1035415.back

[10] S.I. 2003/1250; the definition of "competent authority" is in Schedule 1.back

[11] 1995 c.26.back

[12] 1975 c.44.back

[13] 1959 c.44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[14] 1971 c.56.back

[15] 2004 c.12. As to "the lump sum rule", see section 166 of that Act.back

[16] Set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)).back

[17] 2004 c.12. As to "lump sum death benefit rule", see section 168 and Part 2 of Schedule 29 to, that Act.back

[18] 1951 c.65.back

[19] 1951 c.65.back

[20] 1975 c.14.back

[21] Rules B7, B9 and B10 are amended by S.I. 2007/1074 (W.112).back

[22] Rule B5 was amended by S.I. 2006/1672, Sch. 1 para 15.back

[23] 1911 c.28, 1920 c.75, 1939 c.121, 1989 c.6.back

[24] Rule B9 of the 1992 Scheme was amended by S.I. 2006/1672 Sch. 1 para 19 and Sch. 2 para 2(b)(i)back

[25] Rule IA1 was inserted by S.I. 2001/3691.back

[26] Rule JI was amended by S.I. 2006/1672, Sch. 1 para 66 and Sch. 2 para 21.back

[27] 1975 c.14, amended, as respects the provisions mentioned in this paragraph by the Social Security Pensions Act 1975 (c.60),section 18(1) and Schedule 4, Part I; by the Child Benefit Act 1975 (c.61), Schedules 4 and 5; by the Social Security (Miscellaneous Provisions) Act 1977 (c.5), sections 5 and 22 and Schedule 2; by the Social Security Act 1979 (c.18), Schedules 1 and 3; by the Social Security Act 1980 (c.30), Schedules 1 and 5; by the Social Security (No. 2) Act 1980 (c.39), section 3; by the Social Security and Housing Benefits Act 1982 (c.24), section 39, Schedule 2, Schedule 4 Part I and Schedule 5; and by the Social Security Act 1986 (c.50), Schedule 3.back

[28] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[29] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[30] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[31] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[32] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[33] Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.back

[34] 1971 c.56.back



Cymraeg (Welsh)



ISBN 978 0 11 091569 2


 © Crown copyright 2007

Prepared 11 April 2007


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