{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-wales-order-2007/schedule-1/appendix-2",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-wales-order-2007/schedule-1/appendix-2.json",
  "legislation": "wsi/2007/1072",
  "legislation_title": "The Firefighters' Pension Scheme (Wales) Order 2007",
  "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-wales-order-2007",
  "path": "schedule/1/appendix/2",
  "kind": "appendix",
  "number": "ANNEX 2",
  "heading": "APPEALS TO BOARD OF MEDICAL REFEREES",
  "text": "1 (1) Subject to sub-paragraph (2), written notice of appeal against a decision on an issue of a medical nature stating—\n(a) the appellant’s name and address, and\n(b) the grounds of the appeal,\nmust be given to the authority within twenty eight days of the date on which the appellant receives the documents referred to in rule 4(4) of Part 8; and where the appellant receives those documents on different dates, they will be treated for this purpose as received on the later or latest of those dates.\n(2) Where—\n(a) notice of appeal is not given within the period specified in sub-paragraph (1), but\n(b) the authority are of the opinion that the person’s failure to give it within that period was not due to the person’s own default,\nthey may extend the period for giving notice to such length, not exceeding six months from the date mentioned in sub-paragraph (1), as they think fit.\n2 (1) On receiving a notice of appeal, the authority must supply the Assembly with three copies of—\n(a) the notice of appeal,\n(b) the notice of the relevant decision,\n(c) the opinion, response or evidence (as the case may be) supplied to the appellant, and\n(d) every other document in their possession or under their control which appears to them to be relevant to the issue that is the subject of the appeal.\n(2) The Assembly must refer an appeal to a board of medical referees (“the board”).\n3 (1) The board must consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the Assembly.\n(2) One member of the board must be a specialist in a medical condition relevant to the appeal.\n(3) One member of the board must be appointed as chairperson.\n(4) Where there is an equality of votes among the members of the board, the chairperson has a second or casting vote.\n4 (1) As soon as reasonably practicable after referring an appeal to the board, the Assembly must supply the board’s administrator with three copies of every document supplied under paragraph 2(1).\n(2) The board must arrange for one of their number to review those documents (“the reviewing member”).\n(3) As soon as reasonably practicable after concluding the review, the reviewing member must give written notice to the Assembly—\n(a) of any other information which the reviewing member considers would be desirable for the purpose of enabling the board to determine the appeal, and\n(b) if it be the case, that it is the reviewing member’s opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.\n(4) On receipt of the reviewing member’s notice the Assembly shall —\n(a) where the reviewing member has notified the Assembly of the desirability of obtaining other information, require the authority to use their best endeavours to obtain that information, and\n(b) where the notice contains an opinion of the description mentioned in sub-paragraph (3)(b), send a copy of it to the authority.\n(5) An authority which receives a copy of a reviewing member’s opinion must, as soon as reasonably practicable—\n(a) send a copy of it to the appellant, and\n(b) by written notice to the appellant—\n(i) advise the appellant that, if the appellant’s appeal is unsuccessful, the appellant may be required to pay the authority’s costs, and\n(ii) require the appellant to notify them within fourteen days of the date of their notice whether the appellant intends to pursue or withdraw the appeal.\n(6) An authority which notifies an appellant under sub-paragraph (5)(b) must inform the Assembly of the appellant’s response to their request under paragraph (b)(ii) of that sub-paragraph; and the Assembly must notify the board accordingly.\n5 Where an appeal is to be pursued, the board must secure that the appellant and the authority (“the parties”) have been informed—\n(a) that the appeal is to be determined by the board, and\n(b) of an address to which communications relating to the appeal may be delivered to the board.\n6 (1) Subject to sub-paragraph (4), the board—\n(a) must interview and medically examine the appellant at least once, and\n(b) may interview or medically examine the appellant or cause the appellant to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.\n(2) The board must appoint, and give the parties not less than two months' notice of, the time and place for every interview and medical examination; and if the board is satisfied that the appellant is unable to travel, the place must be the appellant’s place of residence.\n(3) The appellant must attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.\n(4) If—\n(a) the appellant fails to comply with sub-paragraph (3), and\n(b) the board is not satisfied that there was reasonable cause for the failure,\nthe board may dispense with the interview and medical examination required by paragraph (1)(a) or, as the case may be, with any further interview or medical examination, and may determine the appeal on such information as is then available.\n(5) Any interview under this paragraph may be attended by persons appointed for the purpose by the authority or by the appellant or by each of them.\n7 (1) Where either party intends to submit written evidence or a written statement at an interview held under paragraph 6, the party must, subject to sub-paragraph (2), submit the evidence or statement to the board and to the other party not less than twenty eight days before the date appointed for the interview.\n(2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than twenty eight days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.\n(3) Where any written evidence or statement is submitted in contravention of sub-paragraph (1), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the postponement.\n8 (1) The board must supply the Assembly with —\n(a) a written report of its decision on the relevant medical issues, and\n(b) if the board is of the opinion that the appeal was frivolous, vexatious or manifestly ill-founded, a statement to that effect (which may form part of the report).\n(2) The Assembly must supply the parties with a copy of the report and of any separate statement under paragraph (1)(b).\n9 (1) There must be paid to the board and the reviewing member—\n(a) such fees and allowances (including those payable to the reviewing member for work undertaken on the review of documents under paragraph 4(2)) as are determined in accordance with arrangements made by the Assembly, or\n(b) where no such arrangements have been made, such fees and allowances as the Assembly may from time to time determine.\n(2) The fees and allowances payable under sub-paragraph (1) must—\n(a) be paid by the authority, and\n(b) be treated for the purposes of paragraph 10 as part of the authority’s expenses.\n10 (1) Subject to paragraph 7(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal must 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 twenty two 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 must 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 must be decided by the board or, in default, by the Assembly.\n11 Any notice, information or document which an appellant is entitled to receive for any purpose of this Annex must, unless the contrary is proved, be treated as having been received by the appellant if it was posted in a letter addressed to the appellant at the appellant’s last known place of residence.",
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    "retrieved_at": "2026-10-29T00:01:01.911066+00:00"
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  "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."
}