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The Firefighters' Compensation Scheme (Wales) Order 2007

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SCHEDULE 5APPEAL TO BOARD OF MEDICAL REFEREES

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.

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