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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 1GENERAL PROVISIONS

Qualifying injury

7.—(1) Except in—

(a)rule 3 of Part 2 (compensation for death or permanent incapacity while on duty),

(b)rule 2 of Part 8 (special cases: award for or in relation to a retained or volunteer firefighter), and

(c)paragraphs (2) and (3) of rule 1 of Part 10 (authorities responsible for payment of awards), and

(d)rule 3 of Part 10 (prevention of duplication),

references in this Scheme to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a regular firefighter.

(2) In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of his duties as a regular, retained or volunteer firefighter.

(3) In rule 2 of Part 8 and paragraph (4) of rule 3 of Part 10, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a retained or volunteer firefighter.

(4) In paragraphs (2) and (3) of rule 1 of Part 10 and paragraph (5) of rule 3 of that Part, references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a firefighter.

(5) For the purposes of this Scheme an injury shall be treated as having been received by a person without his default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

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