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The Firefighters’ Compensation Scheme (England) (Amendment) Order 2006

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Citation, commencement and interpretation

1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme (England) (Amendment) Order 2006 and shall come into force on 25th January 2007, but the amendments made by article 2 shall have effect from 6th April 2006.

(2) In this Order “the Compensation Scheme” means the Scheme set out in Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006(1).

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

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

General transitional provision

3.—(1) Where a person to whom a protected benefit was being paid or might become payable under the Compensation Scheme is placed in a worse position than he would have been in if the Scheme had continued to have effect without the amendments made by article 2, he may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the provisions of the Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to the benefit.

(2) Notice under paragraph (1) must be given not later than 31st March 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 the coming into force of this Order, ceased to be employed by an English fire and rescue authority or died.

Transitional provision: decisions and determinations

4.—(1) The amendments made by article 2 shall not have effect in relation to a person in respect of whom a determination or decision relevant to whether permanent disablement has been occasioned by a qualifying injury (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) In a case to which paragraph (1) applies, the provisions of the Compensation Scheme, in the form in which they existed immediately before the coming into force of this Order, shall continue to have effect in relation to such a person.

Signed by authority of the Secretary of State for Communities and Local Government

Phil Woolas

Minister of State

Department for Communities and Local Government

19th December 2006

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