Citation, commencement, effect and interpretation

1.—(1) This Order may be cited as the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007 and shall come into operation on 2nd April 2007; but—

(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.

(2) In this Order—

“the Compensation Scheme” means the Firefighters’ Compensation Scheme (Northern Ireland) 2007, set out in the Annex; and

“the Pension Scheme” means the Scheme set out in the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007(4).

New compensation scheme for firefighters

2.—(1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by the Northern Ireland Fire and Rescue Service) shall have effect.

(2) The corresponding provisions of the Firemen’s Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 7.

General transitional provisions

3.—(1) Where—

(a) a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Firemen’s Pension Scheme Order (Northern Ireland)(5) (“the old provision”) with any modification; and

(b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than he would have been in if the old provision had continued to have effect,

he may, by giving written notice to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the old provision without modification.

(2) Notice under paragraph (1) must be given not later than 16th April 2007.

(3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 1st April 2006, ceased to be a member of the fire brigade or died.

Transitional provision: decisions and determinations made before 1st April 2006

4.—(1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of article 7 of the Pension Scheme) has been made before 1st April 2006.

(2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 1st April 2006, shall continue to have effect in relation to such a person.

Article 2

ANNEX The Firefighters’ Compensation Scheme (Northern Ireland) 2007