The Firefighters’ Compensation Scheme (Wales) (Amendment) Order 2014

Title, commencement and interpretation

1.—(1) The title of this Order is the Firefighters’ Compensation Scheme (Wales) (Amendment) Order 2014.

(2) This Order comes into force on 31 December 2014 but subject to paragraph (3) has effect from 1 April 2014.

(3) The amendments made by article 2 and the following provisions of the Schedule have effect from 1 April 2006—

(a) paragraph 1(2), (3), (4)(a), (b)(ii), (iii) and (iv), (5)(a)(ii) and (6);

(b) paragraph 2(2)(a) and (c);

(c) paragraphs 3, 4 and 5;

(d) paragraph 7(2)(b) and (3);

(e) paragraphs 8, 9, 10 and 11;

(f) paragraphs 1(1), 2(1) and 7(1) so far as necessary for the purposes of sub-paragraphs (a) to (e).

(4) In this Order—

“the Compensation Scheme” (“y Cynllun Digolledu”) means the Scheme set out in Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007(1);

“retained firefighter” (“diffoddwr tân wrth gefn”) has the meaning given in the Compensation Scheme (as amended by this Order).

Amendment of the Firefighters’ Compensation Scheme (Wales) Order 2007

2.  Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007 is amended in accordance with the Schedule to this Order.

Transitional provisions

3.—(1) The amendments made by article 2 and paragraphs 6 (award for or in relation to a retained or volunteer firefighter) and 7 (prevention of duplication) of the Schedule to this Order are not to have effect in relation to a person in respect of whom a determination or decision relevant to whether death or permanent disablement has been occasioned by a qualifying injury (coming within the meaning of rule 7 of Part 1 of the Compensation Scheme) has been made before 1 April 2014.

(2) The amendments made by article 2 and paragraphs 6 and 7 of the Schedule to this Order are not to have effect in relation to a person who has been in continuous employment as a retained firefighter since 5 April 2006 and has sustained an injury in the performance of the person’s duties as a firefighter before the coming into force of this Order where it is subsequently determined that that injury is a qualifying injury (coming within the meaning of rule 7 of Part 1 of the Compensation Scheme) and that the person is permanently disabled as a result of that injury.

(3) In a case to which paragraph (1) or (2) applies and in relation to the provisions mentioned in that paragraph, the provisions of the Compensation Scheme, in the form in which they existed immediately before 1 April 2014, are to continue to have effect in relation to such a person.

Leighton Andrews

Minister for Public Services, one of the Welsh Ministers

8 December 2014