{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/chapter-2/paragraph-10",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/chapter-2/paragraph-10.json",
  "legislation": "ssi/2007/199",
  "legislation_title": "The Firefighters' Pension Scheme (Scotland) Order 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007",
  "path": "schedule/1/chapter/2/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "(1) Subject to paragraph 7(3) and sub paragraphs (2) to (5) below, the expenses of each party to the appeal shall be borne by that party.\n(2) Where the board–\n(a) determines an appeal in favour of the authority; and\n(b) states that, in its opinion, the appeal was frivolous, vexatious or manifestly ill founded,\nthe authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.\n(3) Where–\n(a) the appellant gives notice to the board withdrawing the appeal; and\n(b) the notice is given less than 22 working days before the date appointed for an interview or medical examination under paragraph 6(2),\nthe authority may require the appellant to pay them such sum, not exceeding the total amount of the fees and allowances payable to the board under paragraph 9(1), as the authority think fit.\n(4) Where the board–\n(a) determines an appeal in favour of the appellant; and\n(b) does not otherwise direct,\nthe authority shall refund to the appellant the amount specified in sub-paragraph (5).\n(5) The amount is the total of–\n(a) any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 6; and\n(b) if any such interview was attended by a qualified medical practitioner appointed by the appellant, any fees and expenses reasonably paid by the appellant in respect of such attendance.\n(6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board’s determination is in favour of the authority or of the appellant shall be decided by the board or, in default, by the Scottish Ministers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ssi/2012/107",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2012"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2010/234",
      "affecting_title": "The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/65",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/333",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment (No. 2) Order 2010"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2014/110",
      "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/199/schedule/1/chapter/2/paragraph/10",
    "retrieved_at": "2026-11-06T03:33:39.505945+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}