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Paragraph 7 Qualifying injuryI1

Northern Ireland

(1)

Except in—

(a)

rule 3 of Part 2 (compensation for death or permanent incapacity while on duty),

(b)

rule 2 of Part 8 (special cases: award for or in relation to a F1... volunteer firefighter), and

(c)

rule 3 of Part 10 (prevention of duplication),

references in this Scheme to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a F2regular or retained firefighter.

(2)

In rule 3 of Part 2, references to a qualifying injury are references to an injury received by a person in the exercise of his duties as a regular, retained or volunteer firefighter.

(3)

In rule 2 of Part 8 F3..., references to a qualifying injury are references to an injury received by a person, without his own default, in the exercise of his duties as a F4... volunteer firefighter.

(4)

For the purposes of this Scheme an injury shall be treated as having been received by a person without his own default unless the injury is wholly or mainly due to his own serious and culpable negligence or misconduct.

Annotations

Textual amendments

F1

Words in Annex Scheme Pt. 1 rule 7(1)(b) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 1(5)(a)(i) (with art. 3)

F2

Words in Annex Scheme Pt. 1 rule 7(1) substituted (1.4.2015 with effect from 1.4.2006) by The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2)(3), Sch. 1 para. 1(5)(a)(ii) (with art. 3)

F3

Words in Annex Scheme Pt. 1 rule 7(3) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 1(5)(b)(i) (with art. 3)

F4

Words in Annex Scheme Pt. 1 rule 7(3) omitted (1.4.2015) by virtue of The Firefighters’ Compensation Scheme (Amendment) Order (Northern Ireland) 2015 (S.R. 2015/7), art. 1(2), Sch. 1 para. 1(5)(b)(ii) (with art. 3)

Commencement

I1

Annex Scheme Pt. 1 rule 7 in operation at 2.4.2007 with effect in accordance with art. 1(1)