Schedule 1N.I.Medical decisions: appeals and reconsideration

Costs payable on decisionN.I.

11.—(1) Costs are payable in accordance with this paragraph on determination of the appeal.

(2) If the appeal tribunal decides in favour of the appellant, the police pension authority must refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any hearing of the tribunal.

(3) This sub-paragraph applies if the appeals tribunal—

(a)decides in favour of the police pension authority; and

(b)reports that in its opinion the appeal was frivolous or vexatious.

(4) If sub-paragraph (3) applies, the police pension authority may subject to sub-paragraph (5), require the appellant to pay towards the cost of the appeal tribunal such sum not exceeding the total fees and allowances of the members of the appeal tribunal as the police pension authority thinks fit.

(5) If the appeal tribunal, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal—

(a)the appeal tribunal must give the parties written notice of its decision; and

(b)the police pension authority must not require the appellant to pay towards those costs.