The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2010

Amendment of Schedule 4 (the Tariff)

11.—(1) Schedule 4 is amended as follows.

(2) Table 2 (Injury, wounds and scarring) is amended as follows—

(a) insert at the appropriate places—

“11A.	7	High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to bone, soft tissue structures and vascular or neurological structures of the head and neck, chest, back, abdomen or limb, with complications, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction.
20A.	9	High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures and vascular or neurological structures of the head and neck, chest, back, abdomen or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction.”

(b) at item 29 for the entry in column (b) substitute—

“High velocity gun shot wound, deep shrapnel fragmentation or other penetrating injury (or all or any combination of these) with clinically significant damage to soft tissue structures of the head and neck, chest, back, abdomen or limb, which have required, or are expected to require, operative treatment with residual permanent significant functional limitation and restriction.”;

(c) at item 39, in column (b), for the words “with substantial recovery.” substitute “which have required, or are expected to require, operative treatment with substantial functional recovery.”;

(d) insert after the last footnote to Table 2—

“(*) Where a limb injury is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000.”.

(3) In Table 4 (Physical disorders including infectious diseases) insert at the appropriate place—

“6A.

12

Persisting physical disorder where symptoms and functional effects are well controlled by regular medication.”

(4) In Table 5 (Amputations) insert at the appropriate places—

“7A.	2	Loss of one arm, above or below elbow, and one leg, above or below knee, with total loss of use of another limb due to traumatic injury involving vital structures.*
45A.	14	Partial loss of two or more toes, other than great toe, from one foot.”

(5) Between the second and third footnotes to Table 5 insert the following—

“(*) “Total loss of use of another limb” means the total loss of the physical capacity or power to carry out its expected functions as compared with a normal healthy person of the same age and sex.”.

(6) For Table 7 (Senses) substitute the Table set out in Schedule 1 to this Order.

(7) In Table 8 (Fractures and dislocations)—

(a) insert at the appropriate places—

“AA1.	9	Fracture of femur, tibia, humerus, radius or ulna, with complications, causing permanent significant functional limitation and restriction.
A1.	9	Fracture or dislocation of hip, elbow, wrist, ankle, knee or shoulder, which has required, or is expected to require, arthrodesis, osteotomy or total joint replacement.
10A.	11	Fracture of femur, tibia, humerus, radius or ulna causing permanent significant functional limitation and restriction.
10AA.	11	Fracture of femur, tibia, humerus, radius or ulna, with complications, which has caused, or is expected to cause, significant functional limitation and restriction at 52 weeks with substantial recovery beyond that date.
44A.	13	Subluxed dislocated acromio or sterno-clavicular joint, which has caused, or is expected to cause, significant functional limitation and restriction beyond 26 weeks.”

(b) at item 72 in column (b) for “Subluxed acromio-clavicular” substitute “Subluxed dislocated acromio or sterno-clavicular”.

(8) After the first footnote to Table 8 insert—

“(*) Where a fracture is accompanied by acute compartment syndrome requiring operative treatment the award shall be increased by £3,000.”.

(9) In Table 9 (Muscoskeletal disorders)—

(a) insert at the appropriate places—

“26A.	13	Ankle, hip, knee, wrist, elbow or shoulder strain, sprain or overuse injury, which has required, or is expected to require, operative treatment.
34A.	14	Overuse injury of foot or heel, which has required or is expected to require operative treatment.”

(b) at item 30 in the entry in column (b) omit “or other knee pathology,”.