OpenLegislation

Paragraph 4 I1

Northern Ireland

F1(1)

Subject to sub-paragraph (4), the independent medical referee —

(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 he thinks necessary for the purpose of deciding the appeal.

F2(2)

The independent medical referee shall provide the Board with the time and place for every interview and medical examination and give not less than 28 days notice of the appointment. If the independent medical referee is satisfied that the appellant is unable to travel, the place shall be the appellant’s place of residence.

(2A)

The Board shall provide the appellant with the time and place of the interview and medical examination and give not less than 21 days notice of the appointment.

(3)

The appellant shall attend at the time and place appointed for any interview and medical examination by the independent medical referee or any person appointed by the independent medical referee for that purpose.

(4)

If—

(a)

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

(b)

the independent medical referee is not satisfied that there was reasonable cause for the failure,

the independent medical referee may dispense with the interview F3or medical examination required by F4sub-paragraph (1)(a) or, as the case may be, with any further interview F5or medical examination required by sub-paragraph (1)(b), and may decide the appeal on such information as is then available.

(5)

Persons appointed for the purpose by the Board or by the appellant or by each of them may attend any interview under this paragraph.

Annotations

Textual amendments

F1

Sch. 5 para. 4 renumbered as Sch. 5 para. 4(1) (9.1.2025) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1), 4(3)(d)

F2

Sch. 5 para. 4(2), (2A) substituted for Sch. 5 para. 4(2) (9.1.2025) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1), 4(3)(e)

F3

Words in Sch. 5 para. 4(4) inserted (9.1.2025) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1), 4(3)(f)(i)

F4

Words in Sch. 5 para. 4(4) substituted (9.1.2025) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1), 4(3)(f)(ii)

F5

Words in Sch. 5 para. 4(4) inserted (9.1.2025) by The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (No. 2) Regulations (Northern Ireland) 2024 (S.R. 2024/218), regs. 1(1), 4(3)(f)(iii)

Commencement

I1

Sch. 5 para. 4 in operation at 2.4.2007 with effect in accordance with art. 1(1)