The Firefighters’ Compensation Scheme (Scotland) Amendment Order 2014

Citation, commencement, effect and interpretation

1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme (Scotland) Amendment Order 2014.

(2) This Order comes into force on 23rd May 2014, but the amendments made by the following provisions in the Schedule have effect from 1st April 2006—

(a) in paragraph 1, sub-paragraphs (a), (b), (c)(iii), (d)(ii) and (e);

(b) in paragraph 2, sub-paragraphs (a) and (c);

(c) paragraphs 3 to 5;

(d) in paragraph 7, sub-paragraphs (a)(ii) and (b);

(e) paragraphs 8 to 11.

(3) In this Order—

“the Compensation Scheme” means the Scheme set out in Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006(1);

“retained firefighter” has the meaning given in the Compensation Scheme (as amended by this Order).

Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006

2.  Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006 is amended in accordance with the Schedule to this Order.

Transitional provisions

3.—(1) The amendments made by article 2 and paragraphs 6 (award for or in relation to a retained or volunteer firefighter) and 7 (prevention of duplication) of the Schedule do not have effect in relation to a person in respect of whom a determination or decision relevant to whether death or permanent disablement has been occasioned by a qualifying injury (coming within the meaning of rule 7 of Part 1 of the Compensation Scheme) has been made before the coming into force of this Order.

(2) The amendments made by article 2 and paragraphs 6 and 7 of the Schedule do not have effect in relation to a person who has been in a continuous employment as a retained firefighter since 5th April 2006 and has sustained an injury in the performance of duties as a firefighter before the coming into force of this Order where it is subsequently determined that that injury is a qualifying injury (coming within the meaning of rule 7 of Part 1 of the Compensation Scheme) and that the person is permanently disabled as a result of that injury.

(3) In a case to which paragraph (1) or (2) applies and in relation to the provisions mentioned in that paragraph, the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into force of this Order, continue to have effect in relation to such a person.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

22nd April 2014