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The Firemen’s Pension Scheme (Amendment) (Scotland) Order 2018

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21.—(1) In schedule 9 (appeals), in Part 1 (appeal to board of medical referees)—

(a)for paragraph 1(1), substitute—

1.(1) Subject to sub-paragraph (2), written notice of appeal against a decision on an issue of a medical nature stating—

(a)the appellant’s name and address; and

(b)the grounds of the appeal,

must be given to the authority within 28 days of the date on which the appellant receives the documents referred to in rule H2(4); and where the appellant receives those documents on different dates, they shall be treated for this purpose as received on the later or latest of those dates.;

(b)for paragraph 2, substitute—

2.(1) On receiving a notice of appeal, the authority shall supply the Scottish Ministers with three copies of—

(a)the notice of appeal;

(b)the notice of the relevant decision;

(c)the opinion, response or evidence (as the case may be) supplied to the appellant; and

(d)every other document in its possession or under its control which appears to it to be relevant to the issue that is the subject of the appeal.

(2) The Scottish Ministers shall refer an appeal to a board of medical referees (“the board”).;

(c)after paragraph 2A, insert—

2B.(1) As soon as reasonably practicable after referring an appeal to the board, the Scottish Ministers shall supply the board’s administrator with three copies of every document supplied under paragraph 2(1).

(2) The board shall arrange for one of its number to review those documents (“the reviewing member”).

(3) As soon as reasonably practicable after concluding the review, the reviewing member shall give written notice to the Scottish Ministers—

(a)of any other information which the reviewing member considers would be desirable so as to provide the board with sufficient information for the purpose of enabling the board to determine the appeal; and

(b)if it is the case, that it is his opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.

(4) On receipt of the reviewing member’s notice, the Scottish Ministers shall—

(a)where the reviewing member has notified the Scottish Ministers of the desirability of obtaining other information, require the authority to use its best endeavours to obtain that information; and

(b)where the notice contains an opinion of the description mentioned in sub-paragraph (3)(b), send a copy of it to the authority.

(5) An authority which receives a copy of a reviewing member’s opinion shall, as soon as reasonably practicable—

(a)send a copy of it to the appellant; and

(b)by written notice to the appellant—

(i)advise him that, if his appeal is unsuccessful, he may be required to pay the authority’s costs; and

(ii)require him to notify it, within 14 days of the date of its notice, whether he intends to pursue or withdraw the appeal.

(6) An authority which notifies an appellant under sub-paragraph (5)(b) shall inform the Scottish Ministers of the appellant’s response to its request under sub-paragraph (b)(ii); and the Scottish Ministers shall notify the board accordingly.;

(d)in paragraph 3, for “The board shall secure”, substitute “Where an appeal is to be pursued, the board shall secure”;

(e)in paragraph 4, in sub-paragraph (2)(b) for “not less than 21 days’ notice of”, substitute “not less than two months’ notice of”;

(f)after paragraph 6, insert—

6A.(1) Where the appellant and the fire and rescue authority have received a copy of the report supplied under paragraph 6 and the appellant and the authority (“the parties”) agree that the board has made an error of fact which materially affects the board’s decision, the authority shall within 28 days of receipt of the report supply the Scottish Ministers with two copies of a statement agreed between the parties setting out—

(a)the error of fact;

(b)the correct fact,

and invite the board to reconsider its decision.

(2) The Scottish Ministers shall within 14 days of receipt of the statement supply a copy of it to the board.

(3) As soon as reasonably practicable after receiving the statement, the board shall reconsider its decision.

(4) Within 14 days of that reconsideration the board shall—

(a)give written notice to the Scottish Ministers that it has confirmed its decision, or revised its decision (as the case may be); and

(b)if it has revised its decision, supply the Scottish Ministers with a written report of its revised decision.

(5) The Scottish Ministers shall supply to the appellant and the authority a copy of the written notice confirming the board’s decision, or a copy of the written report of the board’s revised decision (as the case may be).;

(g)in paragraph 8—

(i)for sub-paragraph (2) substitute—

(2) Where the board—

(a)decides an appeal in favour of the fire and rescue authority; and

(b)reports that in its opinion the appeal was frivolous, vexatious or manifestly ill-founded,

the fire and rescue authority may require the appellant to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 7(1), as the authority thinks fit; and

(ii)for sub-paragraph (2A) substitute—

(2A) Where—

(a)the appellant gives notice to the board—

(i)withdrawing the appeal; or

(ii)requesting cancellation of, postponement of, or adjournment of the date appointed for an interview or medical examination under paragraph 4(2),

and the notice is given less than 22 working days before the date appointed under paragraph 4(2); or

(b)the appellant’s acts or omissions cause the board to cancel, postpone or otherwise adjourn the date appointed under paragraph 4(2) less than 22 working days before the date so appointed,

the authority may require the appellant to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 7(1), as the authority thinks fit.; and

(h)omit Part 2 (appeal tribunals).

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