Paragraph 1 Determination by BoardI1

Northern Ireland

(1)

The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the Board.

(2)

Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a)

whether any disablement has been occasioned by a qualifying injury;

(b)

the degree to which a person is disabled; or

(c)

any other issue wholly or partly of a medical nature,

the Board shall obtain the written opinion of F1an independent qualified medical practitioner selected by it and the opinion of the qualified medical practitioner shall be binding on the Board.

(3)

If, by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the qualified medical practitioner selected by it, the Board is unable to obtain the opinion mentioned in paragraph (2), it may—

(a)

on such other medical evidence as it thinks fit; or

(b)

without medical evidence,

give such decision on the issue as it may choose to give.

Annotations

Textual amendments

F1: Words in Annex Scheme Pt. 6 rule 1(2) substituted (1.4.2022) by The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/155), reg. 1(2), Sch. 4 para. 2(2)

Commencement

I1: Annex Scheme Pt. 6 rule 1 in operation at 2.4.2007 with effect in accordance with art. 1(1)