Expenses of each party
171.—(1) Subject to regulation 167(9) (procedure where appeal to be pursued) and paragraphs (2) to (5) below, the expenses of each party to the appeal must be borne by that party.
(2) Where the board—
(a)determines an appeal in favour of the scheme manager; and
(b)states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill-founded,
the scheme manager may require the appellant (P) to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board and the reviewing member under regulation 170(1)(fees and allowances payable to the board), as the scheme manager considers appropriate.
(3) Where—
(a)P gives notice to the board—
(i)withdrawing the appeal, or
(ii)requesting cancellation of, postponement of, or adjournment of the date appointed for an interview or medical examination under regulation 167(3), and
the notice is given less than 22 working days before the date appointed under regulation 167(3); or
(b)P’s acts or omissions cause the board to cancel, postpone or otherwise adjourn the date appointed under regulation 167(3) less than 22 working days before the date appointed,
the scheme manager may require P to pay it such sum, not exceeding the total amount of the fees and allowances payable to the board under regulation 170(1) (fees and allowances payable to the board), as the scheme manager considers appropriate.
(4) Where the board—
(a)determines an appeal in favour of P; and
(b)does not otherwise direct,
the scheme manager must refund to P the amount specified in paragraph (5).
(5) The amount is the total of—
(a)any personal expenses actually and reasonably incurred by P in respect of any interview under regulation 167(2); and
(b)if any such interview was attended by a qualified medical practitioner appointed by P, any fees and expenses reasonably paid by P in respect of such attendance.
(6) For the purposes of paragraphs (2) and (4), any question arising as to whether the board’s determination is in favour of the scheme manager or of P is to be decided by the board or, in default, by the Welsh Ministers.