{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-9/paragraph-2",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-9/paragraph-2.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/part/9/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Consequences of review",
  "text": "(1) If, on such consideration as is mentioned in rule 1(1) of this Part, it is found that a person who is in receipt of a higher tier ill-health pension has become capable of undertaking regular employment, the person’s entitlement to that pension shall cease with immediate effect.\n(2) Subject to paragraph (3), a lower tier ill-health pension shall continue to be paid to a person who ceases to be entitled to a higher tier ill-health pension.\n(3) If–\n(a) on such consideration as is mentioned in rule 1(1) of this Part, it is found that a person who is in receipt of a lower tier ill-health pension has become capable of performing the duties appropriate to the role from which the person retired on grounds of ill-health; and\n(b) the authority make the person an offer of employment in that role (“a paragraph (3)(b) offer”),\nthe person’s entitlement to a lower tier ill-health pension shall cease, with immediate effect, whether or not the person accepts or declines the offer.\n(4) A person who accepts or declines a paragraph (3)(b) offer becomes entitled to a deferred pension under rule 3 of Part 3.\n(5) If, on such consideration as is mentioned in rule 1(2) of this Part, it is found that a person whose deferred pension is being paid early has become capable of undertaking regular employment, the person’s entitlement to early payment of the deferred pension shall cease with immediate effect.",
  "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": "applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted",
      "affecting": "ssi/2015/143",
      "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015"
    },
    {
      "type": "applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted",
      "affecting": "ssi/2015/143",
      "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015"
    },
    {
      "type": "words omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2023/1267",
      "affecting_title": "The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023"
    },
    {
      "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"
    },
    {
      "type": "words 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/part/9/paragraph/2",
    "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."
}