Paragraph 11 Costs payable on decisionI1
Scotland
Costs are payable in accordance with this paragraph on determination of the appeal.
If the appeal board decides in favour of the appellant, the employer must refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any hearing of the appeal.
This sub-paragraph applies if the appeal board—
decides in favour of the employer; and
reports that in its opinion the appeal was frivolous or vexatious.
If sub-paragraph (3) applies, the employer may, subject to sub-paragraph (5), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the members of the appeal board as the employer thinks fit.
If the appeal board, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal—
the appeal board must give the parties written notice of its decision; and
the employer must not require the appellant to pay towards those costs.
Annotations
Commencement
- I1
Sch. 1 para. 11 in force at 1.4.2015, see reg. 1
Notes on Schedule 1
Modifications
- C1
Sch. 1 applied (1.10.2023) by The Police Pensions (Remediable Service) (Scotland) Regulations 2023 (S.S.I. 2023/239), regs. 1(2), 51(4)