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Paragraph 11 Costs payable on decisionC1C2

(1)

Costs are payable in accordance with this paragraph on determination of the appeal.

(2)

If the appeal board decides in favour of the appellant, the police pension authority must refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any hearing of the appeal.

(3)

This sub-paragraph applies if the appeal board—

(a)

decides in favour of the police pension authority; and

(b)

reports that in its opinion the appeal was frivolous or vexatious.

(4)

If sub-paragraph (3) applies, the police pension authority 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 police pension authority thinks fit.

(5)

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—

(a)

the appeal board must give the parties written notice of its decision; and

(b)

the police pension authority must not require the appellant to pay towards those costs.

Annotations

Modifications

C1

Sch. 1 applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(4)

C2

Sch. 1 applied (1.10.2023) by The Police Pensions (Remediable Service) Regulations 2023 (S.I. 2023/831), regs. 1(b), 51(7)