The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011

Injury and death – exclusions relating to travel, sport and slipping and tripping U.K.

11.—(1) Except where paragraph (2) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by travel from home to place of work or during travel back again.

(2) This paragraph applies where the travel referred to in paragraph (1) is—

(a) from the member's home or place of work to the place where an activity referred to in paragraph (6) is happening or during travel back again; or

(b) from home or place of work where a member is changing a place of work in the United Kingdom to a place of work outside the United Kingdom or during travel back again.

(3) Except where paragraph [F1 (4) or (9) applies], benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by that member slipping, tripping or falling.

(4) This paragraph applies where the member was participating in one of the following activities in pursuance of a service obligation—

(a) activity of a hazardous nature;

(b) activity in a hazardous environment; or

(c) training to improve or maintain the effectiveness of the forces.

(5) Except where paragraph (6) or (9) apply, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by participation in sporting activity as—

(a) a player;

(b) a referee;

(c) an organiser or a representative of a particular sport or sporting organisation.

(6) This paragraph applies where—

(a) the Defence Council have approved the sport or sporting activity as being a sport which enhances the fitness, initiative and endurance of members of the forces, and prior to the event, the relevant Service has recognised the particular sporting event and the organisation and training for it; or

(b) the sporting activity is approved by the Defence Council which is undertaken for the purpose of meeting and maintaining the physical standards required of members of the forces.

(7) For the purposes of paragraph (6)(a), the Defence Council may approve a single sport or sporting activity or a class of such activities and may approve such activities unconditionally or subject to any specified condition.

(8) Except where paragraph (9) applies, benefit is not payable to or in respect of a person by reason of an injury sustained by a member, the worsening of an injury, or death which is caused (wholly or partly) by reason of—

(a) attendance at a social event unless attendance was required by an order; or

(b) free time or a social event associated with the activities specified in paragraph (5).

(9) This paragraph applies where the injury, the worsening of the injury or death was caused (wholly or partly) by reason of—

(a) acts of terrorism or other warlike activities in each case directed towards the person as a member of the forces as such; or

(b) the member being called out to and travelling to [F2 or from] an emergency.

(10) In this article—

(a) “home” means accommodation, including service accommodation, in which a member has lived or is expected to live for 3 or more months, and a member may have more than one home;

(b) “place of work” means the place of work to which a member is assigned or temporarily attached;

(c) “sporting activity” includes an adventurous course or an adventurous expedition approved by the Defence Council.

Textual Amendments

F1 Words in art. 11(3) substituted (21.7.2012) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012 (S.I. 2012/1573), arts. 1(1), 3 (with art. 8)

F2 Words in art. 11(9)(b) inserted (17.11.2011) by The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2011 (S.I. 2011/2552), arts. 1(1), 3 (with art. 10)