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The Firefighters' Compensation Scheme (Wales) Order 2007

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Title, commencement, application and interpretation

1.—(1) The title of this Order is the Firefighters' Compensation Scheme (Wales) Order 2007 and it comes into force on 29 March 2007; but—

(a)rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, has effect from 1 April 2000; and

(b)the remainder of the Compensation Scheme has effect from 1 April 2006.

(2) This Order applies in relation to Wales.

(3) In this Order—

“the Compensation Scheme” means the Firefighters' Compensation Scheme (Wales) 2007, set out in Schedule 1 to this Order; and

“the Pension Scheme” means the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(1).

New compensation scheme for firefighters

2.—(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by a fire and rescue authority) has effect; and the corresponding provisions of the Pension Scheme cease to have effect.

(2) Corresponding provisions of the Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 2 to this Order.

General transitional provision

3.—(1) Where—

(a)a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Pension Scheme (“the older provision”) with any modification, and

(b)a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,

he may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

(2) Notice under paragraph (1) must be given not later than 28 June 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 1 April 2006, ceased to be a member of the fire and rescue service, or died.

Transitional provision: decisions and determinations made before 1 April 2006

4.—(1) With the exception of rule 3 of Part 2, the Compensation Scheme does not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule A9 of the Pension Scheme) has been made before 1 April 2006.

(2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they existed immediately before 1 April 2006, continue to have effect in relation to such a person.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 March 2007

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