The Firefighters' Pension Scheme (Scotland) Order 2007

4.—(1) As soon as reasonably practicable after referring an appeal to the board, the Scottish Ministers shall supply the board’s administrator with three copies of every document supplied under paragraph 2(1).

(2) The board shall arrange for one of their number to review those documents (“the reviewing member”).

(3) As soon as reasonably practicable after concluding the review, the reviewing member shall give written notice to Scottish Ministers–

(a) of any other information which the reviewing member considers would be desirable for the purpose of enabling the board to determine the appeal; and

(b) if it be the case, that it is the reviewing member’s opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.

(4) On receipt of the reviewing member’s notice the Scottish Ministers shall–

(a) where the reviewing member has notified the Scottish Ministers of the desirability of obtaining other information, require the authority to use their best endeavours to obtain that information; and

(b) where the notice contains an opinion of the description mentioned in sub paragraph (3)(b), send a copy of it to the authority.

(5) An authority which receives a copy of a reviewing member’s opinion shall, as soon as reasonably practicable–

(a) send a copy of it to the appellant; and

(b) by written notice to the appellant–

(i) advise the appellant that, if the appellant’s appeal is unsuccessful, the appellant may be required to pay the authority’s costs; and

(ii) require the appellant to notify them, within 14 days of the date of their notice, whether the appellant intends to pursue or withdraw the appeal.

(6) An authority which notifies an appellant under paragraph (5)(b) shall inform the Scottish Ministers of the appellant’s response to their request under sub paragraph (b)(ii) of that paragraph; and the Scottish Ministers shall notify the board accordingly.