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The Firefighters' Compensation Scheme (Wales) Order 2007

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Part 6

SCHEDULE 5APPEAL TO BOARD OF MEDICAL REFEREES

1.—(1) Subject to sub-paragraph (2), written notice of appeal against an opinion of the kind mentioned in rule 1(2) of Part 6 stating—

(a)the grounds of the appeal, and

(b)the appellant’s name and address,

must be given to the fire and rescue authority within 14 days of the date on which he is supplied by them with a copy of the opinion.

(2) Where—

(a)notice of appeal is not given within the period specified in sub-paragraph (1), but

(b)the fire and rescue authority are of the opinion that the person’s failure to give it within that period was not due to his own default,

they may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.

2.—(1) On receiving a notice of appeal the fire and rescue authority shall supply the National Assembly for Wales with two copies of the notice and two copies of the opinion.

(2) The National Assembly for Wales shall refer an appeal to a board of medical referees (“the board”) and shall supply them with a copy of the notice and a copy of the opinion.

3.—(1) The board shall consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the National Assembly for Wales.

(2) One member of the board shall be a specialist in a medical condition relevant to the appeal.

(3) One member of the board shall be appointed as chairman.

(4) Where there is an equality of voting among the members of the board, the chairman shall have a second or casting vote.

4.  The board shall secure that the appellant and the fire and rescue authority (“the parties”) have been informed—

(a)that the appeal is to be determined by it, and

(b)of an address to which communications relating to the appeal may be delivered to the board.

5.—(1) Subject to sub-paragraph (4), the board—

(a)shall interview and medically examine the appellant at least once, and

(b)may interview or medically examine him or cause him to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of deciding the appeal.

(2) The board shall appoint, and give the appellant and the fire and rescue authority not less than 21 days' notice of, the time and place for every interview and medical examination; if the board is satisfied that the appellant is unable to travel, the place shall be the appellant’s place of residence.

(3) The appellant shall attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.

(4) If—

(a)the appellant fails to comply with sub-paragraph (3), and

(b)the board is not satisfied that there was reasonable cause for the failure,

the board may dispense with the interview required by paragraph (1)(a) or, as the case may be, with any further interview, and may decide the appeal on such information as is then available.

(5) Any interview under this paragraph may be attended by persons appointed for the purpose by the fire and rescue authority or by the appellant or by each of them.

6.—(1) Where either party to the appeal intends to submit written evidence or a written statement at an interview held under paragraph 5, the party shall, subject to sub-paragraph (2), submit it to the board and to the other party not less than seven days before the date appointed for the interview.

(2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than nine days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first mentioned evidence or statement at any time up to, and including, that date.

(3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the adjournment.

7.  The board shall supply the National Assembly for Wales with a written report of its decision on the relevant medical issues and the National Assembly for Wales shall supply a copy of the report to the appellant and to the fire and rescue authority.

8.—(1) There shall be paid to the board—

(a)such fees as are determined in accordance with arrangements made by the National Assembly for Wales, or

(b)where no such arrangements have been made, such fees and allowances as the National Assembly for Wales may from time to time determine.

(2) Any fees and allowances payable to the board under sub-paragraph (1) shall—

(a)be paid by the fire and rescue authority, and

(b)be treated for the purposes of paragraph 9 as part of the fire and rescue authority’s expenses.

9.—(1) Subject to paragraph 6(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal shall be borne by that party.

(2) Where the board—

(a)decides 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 them such sum not exceeding the amount of the fees and allowances payable to the member of the board appointed under paragraph 3(2), as they think fit.

(3) Where the appellant gives notice to the board of withdrawing the appeal within a period of 21 working days prior to the date appointed for an interview or medical examination by the board under paragraph 5(2), the fire and rescue authority may require the appellant to pay such sum as they think fit, not exceeding the board’s total fees and allowances under paragraph 8(1).

(4) Where the board—

(a)decides in favour of the appellant, and

(b)does not otherwise direct,

the fire and rescue authority shall refund to the appellant the amount specified in sub-paragraph (5).

(5) The amount is the total of—

(a)any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 5, and

(b)if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.

(6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board’s decision is in favour of the fire and rescue authority or of the appellant shall be decided by the board, or in default by the National Assembly for Wales.

10.  Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at his last known place of residence.

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