The Firefighters' Pension Scheme Regulations (Northern Ireland) 2015

[F1Determinations and decisions of the Scheme ManagerN.I.

This section has no associated Explanatory Memorandum

161.—(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the Scheme Manager.]

(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 [F2Scheme Manager] 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 [F2Scheme Manager] 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.

Textual Amendments