The Firefighters’ Pension Scheme (England) Regulations 2014
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Change 1
As published
157 Procedure where appeal to be pursued
(1) Where an appeal is to be pursued, the board must secure that the appellant (P) and the scheme manager (“the parties”) have been informed—
(a) that the appeal is to be determined by the board; and
(b) of an address to which communications relating to the appeal may be delivered to the board.
(2) Subject to paragraph (5), the board—
(a) must interview and medically examine P at least once; and
(b) may interview or medically examine P or cause P to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.
(3) The board must appoint, and give the parties not less than two months’ notice of, the time and place for every interview and medical examination; and if the board is satisfied that P is unable to travel, the place must be P’s place of residence.
(4) P must attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.
(5) If—
(a) P fails to comply with paragraph (4); and
(b) the board is not satisfied that there was a reasonable cause for the failure,
the board may dispense with the interview and medical examination, and may determine the appeal on such information as is then available.
(6) Any interview under this regulation may be attended by persons appointed for the purpose by the scheme manager or by P or by each of them.
(7) Where either party intends to submit written evidence or a written statement at an interview held under paragraph (2), the party must, subject to paragraph (8), submit the evidence or statement to the board and to the other party not less than 28 days before the date appointed for the interview.
(8) Where any written evidence or statement has been submitted under paragraph (7) less than 28 days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.
(9) Where any written evidence or statement is submitted in contravention of paragraph (7), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the postponement.
Your change, as a redline
157 Procedure where appeal to be pursued
(1) Where an appeal is to be pursued, the board must secure that the appellant (P) and the scheme manager (“the parties”) have been informed—
(a) that the appeal is to be determined by the board; and
(b) of an address to which communications relating to the appeal may be delivered to the board.
(2) Subject to paragraph (5), the board—
(a) must interview and medically examine P at least once; and
(b) may interview or medically examine P or cause P to be interviewed or medically examined on such further occasions as the board thinks necessary for the purpose of determining the appeal.
(3) The board must appoint, and give the parties not less than two months’ notice of, the time and place for every interview and medical examination; and if the board is satisfied that P is unable to travel, the place must be P’s place of residence.
(4) P must attend at the time and place appointed for any interview and medical examination by the board or any member of the board or any person appointed by the board for that purpose.
(5) If—
(a) P fails to comply with paragraph (4); and
(b) the board is not satisfied that there was a reasonable cause for the failure,
the board may dispense with the interview and medical examination, and may determine the appeal on such information as is then available.
(6) Any interview under this regulation may be attended by persons appointed for the purpose by the scheme manager or by P or by each of them.
(7) Where either party intends to submit written evidence or a written statement at an interview held under paragraph (2), the party must, subject to paragraph (8), submit the evidence or statement to the board and to the other party not less than 28 days before the date appointed for the interview.
(8) Where any written evidence or statement has been submitted under paragraph (7) less than 28 days before the date appointed for the interview, any written evidence or statement in response may be submitted by the other party to the board and the party submitting the first-mentioned evidence or statement at any time up to, and including, that date.
(9) Where any written evidence or statement is submitted in contravention of paragraph (7), the board may postpone the date appointed for the interview and require the party who submitted the evidence or statement to pay such reasonable costs of the board and of the other party as arise from the postponement.
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