(a) rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and

(b) the remainder of the Compensation Scheme shall have effect from 1st April 2006.

     A is the number of completed years in the period, and

     B is the number of completed days in any remaining part of a year,

and a part of a year which includes 29th February in a leap year and comprises 365 days shall be treated as a whole year.

    (2) Where, for the purpose of calculating an award payable to or in respect of a regular firefighter—

(a) it is necessary to determine his pensionable service reckonable by reason of service or employment before or after a particular date ("the material date"), and

(b) by virtue of the receipt by a fire and rescue authority of a transfer value, he is entitled to reckon a period of pensionable service ("the credited period") by reason of service or employment for a period ("the previous employment period") which includes that date,

(a) to a gratuity, and

(b) subject to paragraphs (3) and (4), to an injury pension,

(a) is employed in the role of firefighter by the same fire and rescue authority; and

(b) for pay purposes, is competent,

would receive, calculated—

(i) on the assumption that the person had completed four years' service; and

(ii) using the rate of pay applicable at the date on which the injury was sustained.

    (4) If the firefighter dies within the period referred to in paragraph (2)(b) leaving no dependants, the fire and rescue authority shall, subject to paragraphs (6) to (8), pay to his executor or personal representative, for the benefit of his estate, the sum of £950.

    (5) The recipient of a payment under paragraph (2) or (4)—

(a) shall notify the fire and rescue authority of the subsequent receipt by him, or where payment is made in the circumstances mentioned in paragraph (2)(b), by any dependant of the deceased, of any payment by way of compensation or damages referable to the qualifying injury (including the receipt of any such payment from the authority); and

(b) shall, unless that payment has already been abated by virtue of paragraph (7), pay to the authority such amount as may be notified to him by the authority as the amount to which the authority is entitled under paragraph (7).

    (6) Where the firefighter's serious and culpable negligence or misconduct contributed in any material respect to the circumstances in which his qualifying injury was sustained, the fire and rescue authority may reduce the amount or sum referred to in paragraph (2) or (4) by such amount as they consider appropriate.

    (7) The fire and rescue authority shall abate a payment under paragraph (2) or (4) by the amount of any compensation or damages received as mentioned in paragraph (5)(a).

    (8) The fire and rescue authority shall deduct from the amount that would otherwise be payable as mentioned in paragraph (2) or (4) the amount of any gratuity payable under this Scheme or the Pension Scheme, other than the amount of the gratuity that represents the difference between the gratuity payable under rule 1 of Part 3 (special award) and the gratuity payable under rule 2 of that Part (augmented award).

    (9) For the purposes of this rule—

(a) a person is competent for pay purposes if—


(i) having been assessed, he has been found to be competent in the performance of the duties of his role; and

(ii) he is paid at the rate appropriate to competent firefighters performing the same role; and



(b) the dependants of a deceased firefighter are—



(i) any spouse or civil partner who is living with the firefighter at the date of his death;

(ii) any spouse or civil partner who is not living with the firefighter at that time but who is wholly or substantially dependent on him for financial support;

(iii) any unmarried partner (other than a civil partner) who had been living with the firefighter in a long-term relationship (his "long-term partner");

(iv) any dependent child who at the date of the firefighter's death—


(aa) is under 16; or

(bb) is under 19 and is undergoing full-time education or full-time vocational training;



(v) any parent of his who at the date of his death is wholly or substantially dependent on him for financial support; and

(vi) any brother, sister, daughter or son of his who at the date of his death is—



(aa) over the age of 19, and

(bb) wholly or substantially dependent on him for financial support.

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

leaving a surviving spouse or civil partner.

    (2) Subject to rules 3 and 4, the surviving spouse or civil partner is entitled—

(a) to a special pension calculated in accordance with Part 1 of Schedule 2, and

(b) subject to paragraph (5), to a gratuity.

    (3) Where the deceased died while serving as a regular firefighter, the amount of the gratuity is the total of 25% of his average pensionable pay and the greater of—

(a) as regards a surviving spouse—


(i) his average pensionable pay, and

(ii) two and a quarter times the amount of the pension that would have been payable under rule B3 of the Pension Scheme (ill-health award) if on the date of his death he had retired on the ground of permanent disablement;



(b) as regards a surviving civil partner—



(i) his average pensionable pay; and

(ii) two and a quarter times such amount as bears to the amount of the pension referred to in sub-paragraph (a)(ii) to which he would have been entitled had he been the deceased's surviving spouse, the same proportion that the deceased's service after 5th April 1988 bears to the whole of his pensionable service.

    (4) In any other case the amount of the gratuity is 25% of the deceased's average pensionable pay.

    (5) Where the deceased was entitled to an injury gratuity under rule 1 of Part 2 (injury award)—

(a) if it was of the same or a larger amount, no gratuity is payable under this rule, and

(b) if it was of a smaller amount, the gratuity under this rule shall be reduced by that amount.

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

(a) of a qualifying injury, or

(b) of infirmity of mind or body occasioned by a qualifying injury,

and there is an adult dependent relative.

    (2) An adult dependent relative is—

(a) a parent of the deceased, or

(b) a brother or sister of the deceased who had attained the age of 19 before the death, or

(c) a child of the deceased who has, whether before or after the death, attained the age of 19,

who was substantially dependent on the deceased immediately before the death.

    (3) If the fire and rescue authority, having regard to all the circumstances of the case, in their discretion so determine, they may grant a special pension to an adult dependent relative.

    (4) A special pension under this rule—

(a) shall be calculated in accordance with Part 1 of Schedule 4, and

(b) is payable for such period or periods as the fire and rescue authority may, in their discretion, from time to time determine.

(a) whether any disablement has been occasioned by a qualifying injury,

(b) the degree to which a person is disabled, or

(c) any other issue wholly or partly of a medical nature,

the authority shall obtain the written opinion of an independent qualified medical practitioner selected by them; and the opinion of the independent qualified medical practitioner shall be binding on the authority.

    (3) In his written opinion, the independent qualified medical practitioner must certify that—

(a) he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and

(b) he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.

    (4) If by reason of the person's refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—

(a) on such other medical evidence as they think fit, or

(b) without medical evidence,

(a) while in attendance at a fire, and

(b) in the execution of his duties as an employee of the authority.

    (2) If the person retires in consequence of the injury, the fire and rescue authority may, subject to paragraph (4), grant him such pension or gratuity as they think fit.

    (3) If the person dies from the effects of the injury, either before or after retiring from that employment, the fire and rescue authority may, subject to paragraph (4)—

(a) grant such pension and gratuity as they think fit to any surviving spouse or civil partner, and

(b) grant such allowance as they think fit to any child.

    (4) The total of—

(a) any benefit under this paragraph, and

(b) any relevant additional benefit payable to the recipient,

must not exceed the appropriate amount.

    (5) An additional benefit is any payment of whatever nature made—

(a) by the fire and rescue authority otherwise than under this rule, or

(b) by any other local authority, or

(c) by a Minister of the Crown,

(a) is permanently disabled, and

(b) has brought about or contributed to his infirmity by his own default,

the fire and rescue authority may reduce any injury award payable to him by them to not less than half its full amount.

    (2) Where—

(a) a pension has been reduced under paragraph (1), and

(b) when the person attains the age of 60, the amount of the reduced pension is less than that of the notional deferred pension,

(a) where the injury is sustained in the course of his regular employment, by the fire and rescue authority which employs him as a regular firefighter;

(b) where the injury is sustained in the course of his retained employment, by the fire and rescue authority which employs him as a retained firefighter;

(c) where the injury is of such a nature that it cannot be attributed solely to either his regular employment or his retained employment—


(i) by such one of his employing authorities as may be agreed; or

(ii) by both of them, in such proportion as may be agreed; or

(iii) in default of agreement, in equal proportions.

    (3) An award payable to a person in respect of both a qualifying injury sustained in the course of his regular employment and a different qualifying injury sustained in the course of his retained employment, shall be paid—

(a) by such one of his employing authorities as may be agreed; or

(b) by both of them, in such proportion as may be agreed; or

(c) in default of agreement, in equal proportions.

(a) under rule B7 (commutation) or B9 (allocation) of the Pension Scheme,

(b) under Part VIII of Schedule 2 to that Scheme, or

(c) by virtue of a pension debit,

shall be disregarded.

     3. —(1) In respect of any week for which the person is entitled to an additional benefit mentioned in sub-paragraph (2) the amount of his injury pension calculated in accordance with paragraph 1 shall, subject to sub-paragraph (6), be reduced by the amount of the benefit.

    (2) The additional benefits are—

     A is the amount of that award calculated under Part 1 if the average pensionable pay was the pay the person would have received had he been a whole-time employee of a fire and rescue authority;

     B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;

     C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

     D is the period in years of his pensionable service.

    (2) Neither (B + C) nor D shall exceed 30 years.

     A is the amount calculated under paragraph 1 as if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority;

     B is the period in years of his pensionable service as a whole-time employee of a fire and rescue authority;

     C is the period in years of his pensionable service as a part-time employee of a fire and rescue authority, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

     D is the period in years of his pensionable service.

    (2) Neither (B + C) nor D shall exceed 30 years.

(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension, and

(b) as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

     2. The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased's relevant pensionable service bears to his total pensionable service.

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10, and

(b) if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

     3. In respect of any period during which neither of the child's parents is alive—

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20, and

(b) if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

     4. —(1) Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.

    (2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted "A is the amount calculated under paragraphs 1 to 3 of Part 1 of Schedule 3 if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of a fire and rescue authority".

(a) is undergoing full-time vocational training, and

(b) is receiving, in respect of that training, remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) ("the specified rate").

     2. —(1) Where this Part applies—

(a) if the amount by which the annual rate of the remuneration exceeds the specified rate ("the excess remuneration") is the same as or larger than the effective amount of the special allowance, the allowance shall not be paid, and

(b) in any other case, the amount of the special allowance shall be reduced by that of the excess remuneration.

    (2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraphs 2(b) and 3(b) of Part 2 of Schedule 4 to the Pension Scheme and paragraphs 2(b) and 3(b) of Part 1 of this Schedule, applies—

(a) where sub-paragraph (1)(a) above applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance, and

(b) where sub-paragraph (1)(b) above applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

    (3) Notwithstanding anything in sub-paragraph (2)—

(a) no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case, and

(b) the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

(a) while a surviving spouse or civil partner is alive, is 20% , and

(b) in any other case, is 45% ,

of the deceased's average pensionable pay.

     2. —(1) For any week for which the total of—

(a) any spouse's or civil partner's special pension, and

(b) any child's special allowance,

equals or exceeds the amount of the deceased's average pensionable pay for a week, no dependent relative's special pension is payable.

    (2) For any week for which the total of the special pension and—

(a) any surviving spouse's or civil partner's special pension, and

(b) any child's special allowances,

would exceed the amount of the deceased's average pensionable pay for a week, the dependent relative's special pension shall be reduced so that the total does not exceed that amount.

     3. Where some or all of the deceased's service, which is reckonable as pensionable service, was part-time service, the amount of the deceased's average pensionable pay shall be calculated using the formula in paragraph 2 of Part 1 of Schedule 2.

(a) a surviving parent or the child's guardian, or

(b) if he has neither, the child himself.

     2. The permitted amount is the capitalised value of the amount commuted under rule 3 of Part 5, calculated in accordance with tables prepared from time to time by the Government Actuary.

(a) the grounds of the appeal, and

(b) the appellant's name and address,

must be given to the fire and rescue authority within 14 days of the date on which he is supplied by them with a copy of the opinion.

    (2) Where—

(a) notice of appeal is not given within the period specified in sub-paragraph (1), but

(b) the fire and rescue authority are of the opinion that the person's failure to give it within that period was not due to his own default,

they 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.

     2. —(1) On receiving a notice of appeal the fire and rescue authority shall supply the Secretary of State with two copies of the notice and two copies of the opinion.

    (2) The Secretary of State shall refer an appeal to a board of medical referees ("the board") and shall supply them with a copy of the notice and a copy of the opinion.

     3. —(1) The board shall consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the Secretary of State.

    (2) One member of the board shall be a specialist in a medical condition relevant to the appeal.

    (3) One member of the board shall be appointed as chairman.

    (4) Where there is an equality of voting among the members of the board, the chairman shall have a second or casting vote.

     4. The board shall secure that the appellant and the fire and rescue authority ("the parties") have been informed—

(a) that the appeal is to be determined by it, and

(b) of an address to which communications relating to the appeal may be delivered to the board.

     5. —(1) Subject to sub-paragraph (4), the board—

(a) shall interview and medically examine the appellant at least once, and

(b) may interview or medically examine him or cause him to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of deciding the appeal.

    (2) The board shall appoint, and give the appellant and the fire and rescue authority not less than 21 days' notice of, the time and place for every interview and medical examination; if the board is satisfied that the appellant is unable to travel, the place shall be the appellant's place of residence.

    (3) The appellant shall 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.

    (4) If—

(a) the appellant fails to comply with sub-paragraph (3), and

(b) the board is not satisfied that there was reasonable cause for the failure,

the board may dispense with the interview required by paragraph (1)(a) or, as the case may be, with any further interview, and may decide the appeal on such information as is then available.

    (5) Any interview under this paragraph may be attended by persons appointed for the purpose by the fire and rescue authority or by the appellant or by each of them.

     6. —(1) Where either party to the appeal intends to submit written evidence or a written statement at an interview held under paragraph 5, the party shall, subject to sub-paragraph (2), submit it to the board and to the other party not less than seven days before the date appointed for the interview.

    (2) Where any written evidence or statement has been submitted under sub-paragraph (1) less than nine 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.

    (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 adjournment.

     7. The board shall supply the Secretary of State with a written report of its decision on the relevant medical issues and the Secretary of State shall supply a copy of the report to the appellant and to the fire and rescue authority.

     8. —(1) There shall be paid to the board—

(a) such fees as are determined in accordance with arrangements made by the Secretary of State, or

(b) where no such arrangements have been made, such fees and allowances as the Secretary of State may from time to time determine

    (2) Any fees and allowances payable to the board under sub-paragraph (1) shall—

(a) be paid by the fire and rescue authority, and

(b) be treated for the purposes of paragraph 9 as part of the fire and rescue authority's expenses.

     9. —(1) Subject to paragraph 6(3) and sub-paragraphs (2) to (5) below, the expenses of each party to the appeal shall be borne by that party.

    (2) Where the board—

(a) decides in favour of the fire and rescue authority, and

(b) reports that in its opinion the appeal was frivolous, vexatious or manifestly ill-founded,

the fire and rescue authority may require the appellant to pay them such sum not exceeding the amount of the fees and allowances payable to the member of the board appointed under paragraph 3(2), as they think fit.

    (3) Where the appellant gives notice to the board of withdrawing the appeal within a period of 21 working days prior to the date appointed for an interview or medical examination by the board under paragraph 5(2), the fire and rescue authority may require the appellant to pay such sum as they think fit, not exceeding the board's total fees and allowances under paragraph 8(1).

    (4) Where the board—

(a) decides in favour of the appellant, and

(b) does not otherwise direct,

the fire and rescue authority shall refund to the appellant the amount specified in sub-paragraph (5).

    (5) The amount is the total of—

(a) any personal expenses actually and reasonably incurred by the appellant in respect of any interview under paragraph 5, and

(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.

    (6) For the purposes of sub-paragraphs (2) and (4) any question arising as to whether the board's decision is in favour of the fire and rescue authority or of the appellant shall be decided by the board, or in default by the Secretary of State.

     10. Any notice, information or document which an appellant is entitled to receive for the purposes of this Part shall be deemed to have been received by him if it was duly posted in a letter addressed to him at his last known place of residence.

(a) the amount of a pension as increased under rule 2(3)(b) of Part 7, and

(b) the amount of any service pension other than an allowance for constant attendance, wear and tear of clothing, or comforts,

must not exceed the amount of the injury pension to which the serviceman would have been entitled if rule 1 of Part 2 had applied.

     2. The total of—

(a) the amount of a pension as increased under rule 3(2)(b) of Part 7, and

(b) the amount of any service pension payable to the spouse or civil partner in respect of the serviceman,

must not exceed the amount of the special pension to which the spouse or civil partner would have been entitled if rule 1 of Part 3 had applied.

     3. The total of—

(a) the amount of a child's allowance as increased under rule 3(2)(b) of Part 7, and

(b) the amount of any service pension payable to or for the child in respect of the serviceman,

must not exceed the amount of the special allowance to which the child would have been entitled if rule 1 of Part 4 had applied.