Determinations by the Pension Board
161.—(1) Where the scheme manager is unable to make a determination under regulation 160, the question of that person’s entitlement shall be determined by the Pension Board.
(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—
(a)whether a person has been disabled;
(b)whether any disablement is likely to be permanent;
(c)whether the person would be able to undertake regular employment;
(d)whether a person is capable of performing the duties of a regular firefighter; or
(e)any other issue wholly or partly of a medical nature,
the Pension Board shall obtain the written opinion of an independent qualified medical practitioner selected by it and the opinion of that practitioner shall be binding on it.
(3) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by it the Pension Board is unable to obtain the opinion mentioned in paragraph (2), it may—
(a)on such other medical evidence as it thinks fit; or
(b)without medical evidence,
give such decision on the issue as it may choose to give.