Article 4
1.—(1) Part 1 is amended as follows.
(2) After rule 5 (application to permanent employment as instructor), insert—
5A.—(1) This rule applies in the case of a person who meets the conditions in paragraph (2).
(2) The conditions are—
(a)that the person sustains an injury in the exercise of their duties under a temporary secondary employment with a fire and rescue authority, and
(b)that the injury is sustained at a time when that person is also employed as a regular or retained firefighter with the same fire and rescue authority.
(3) Where this rule applies—
(a)any injury sustained in the exercise of the person’s duties referred to below in paragraph 4(a) to (d), under the temporary secondary employment, must be treated for the purposes of this Scheme as if it were an injury sustained in the exercise of the person’s duties under the employment that person has as a regular or retained firefighter mentioned in paragraph (2)(b) of this rule, and
(b)other than in this rule, references in this Scheme to that person’s employment, role, duties, service, pay, pension age and retirement must be construed in relation to the employment that sub-paragraph (a) treats the injury as having been sustained in the performance of duties under.
(4) In this rule “temporary secondary employment” is temporary employment on terms under which the person is, or may be, required to engage in one or more of the following—
(a)rescuing people in the event of road traffic accidents, or protecting people from serious harm in the event of road traffic accidents;
(b)responding to an emergency for the purposes of—
(i)removing chemical, biological or radio-active contaminants from people in the event of the release or potential release of such contaminants, or
(ii)containing, for a reasonable period, any water used for a purpose mentioned in paragraph (i);
(c)rescuing people who may be trapped and protecting them from serious harm, in the event of—
(i)an emergency involving the collapse of a building or other structure, or
(ii)an emergency falling within section 58(a)(1) of the Fire and Rescue Services Act 2004 which—
(aa)involves a train, tram or aircraft, and
(bb)is likely to require a fire and rescue authority to use its resources beyond the scope of its day-to-day operation,
except to the extent that it involves the collapse of a tunnel or mine, as defined in article 3(3) of the Fire and Rescue Services (Emergencies) (Wales) Order 2007(2);
(d)responding to an emergency for the purpose of—
(i)rescuing people, or protecting them from serious harm in the event of flooding, or
(ii)rescuing people in the event of an emergency involving inland water, as defined in article 3A(3) of the Fire and Rescue Services (Emergencies) (Wales) Order 2007(3).
(5) For the purposes of paragraph (4), except sub-paragraph (c)(ii), “emergency” means an event or situation that causes or is likely to cause—
(a)one or more individuals to die, be seriously injured or become seriously ill, or
(b)serious harm to the environment (including the life and health of plants and animals).
(6) Where the person has a contract of employment as a regular firefighter and a contract of employment as a retained firefighter with the same fire and rescue authority, the person’s employment as a regular or retained firefighter in paragraph (3) of this rule must be construed as their employment as a regular firefighter.
(7) This rule only has effect in relation to injuries wholly sustained on or after 1 February 2024.
5B.—(1) This rule applies in the case of a person who meets the conditions in paragraph (2).
(2) The conditions are—
(a)that the person sustains an injury in the exercise of their duties as a retained firefighter, and
(b)that the injury is sustained at a time when that person is also employed as a regular firefighter with the same fire and rescue authority.
(3) Where this rule applies—
(a)any injury sustained in the exercise of the person’s duties under their employment as a retained firefighter must be treated for the purposes of this Scheme as if it were an injury sustained in the exercise of the person’s duties under their employment as a regular firefighter, and
(b)other than in this rule, references in this Scheme to that person’s employment, role, duties, service, pay, pension age and retirement must be construed in relation to the employment that sub-paragraph (a) treats the injury as having been sustained in the performance of duties under.
(4) Paragraph (3) does not apply to cases where the total monetary value of any award or awards that would be payable under this Scheme if paragraph (3) were to apply, would be less than the total of any award or awards that would be payable under this Scheme if that paragraph were not to apply.
(5) This rule does not have effect in relation to cases in which a determination as to a person’s eligibility for an award under this Scheme in relation to a person’s employment as a retained firefighter was made before 1 February 2024. ”
Section 58(a) of the Fire and Rescue Services Act 2004 defines an “emergency” as an event or situation that causes or is likely to cause one or more individuals to die, be seriously injured or become seriously ill.
Article 3A(3) was inserted by S.I. 2017/168 (W. 49).