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The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

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Determinations and decisions of the Board

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

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

(a)whether a person has been disabled;

(b)whether any disablement is likely to be permanent;

(c)whether the person would be able to undertake regular employment;

(d)whether a person has become incapable of performing the duties of a regular firefighter; or

(e)any other issue wholly or partly of a medical nature,

the Board shall obtain the written opinion of at least one qualified medical practitioner selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.

(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner or practitioners selected by it the Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a)on such other medical evidence as it thinks fit; or

(b)without medical evidence,

give such decision on the issue as it may choose to give.

(4) The Board shall, within fourteen days of making a decision or determination under this article;

(a)give written notice of the decision or determination to the person concerned; and

(b)in the case of a decision on an issue wholly or partly of a medical nature, unless paragraph (3) applies, supply him with a copy of the opinion obtained under paragraph (2).

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