40Officers retiring or resigning before disciplinary action is taken

40 Officers retiring or resigning before disciplinary action is taken

40 Officers retiring or resigning before disciplinary action is taken

(1) An allegation that a firefighter has engaged in misconduct may be dealt with under this part, and disciplinary action may be taken against the firefighter, even though the firefighter has retired or resigned (a former firefighter).

(2) The taking of disciplinary action, other than a fine, against the former firefighter does not affect—

(a) the former firefighter’s retirement or resignation, or

(b) the benefits, rights and liabilities arising from the retirement or resignation.

(3) A fine imposed under disciplinary action may be recovered from the former firefighter—

(a) as a debt due to the Crown in a court of competent jurisdiction, or

(b) out of money payable to or for the former firefighter by the Crown.