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The Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004

W.S.I. 2004/2918 · Made 9 November 2004

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FIRE SERVICES

PENSIONS

Made 9 November 2004

Coming into force 11 November 2004

The National Assembly for Wales makes the following order in exercise of the powers conferred on it by sections 36, 60 and 62 of the Fire and Rescue Services Act 2004f1:

Annotations to the whole text

Footnotes

f1

2004 c. 21.

Contents

  1. 1Application, name and commencement
  2. 2Interpretation
  3. 3Preservation of existing pension scheme
  4. 4Change of scheme name
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1Application, name and commencement

(1)

This Order may be cited as the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 and shall come into force on 11 November 2004.

(2)

This Order applies in relation to Wales.

2Interpretation

In this Order, “the Scheme” means the scheme established under section 26 of the Fire Services Act 1947f1 and set out in the Firemen’s Pension Scheme Order 1992f2.

3Preservation of existing pension scheme

(1)

Notwithstanding the repeal of section 26 of the Fire Services Act 1947f1, the Scheme shall continue in force.

(2)

The enactments listed in the Schedule to this Order shall continue to have effect for the purposes of the Scheme as if they had not been amended or repealed, as appropriate, by the Fire and Rescue Services Act 2004.

4Change of scheme name

(1)

The new name of the Scheme shall be the “Firefighters' Pension (Wales) Scheme”.

(2)

Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) shall be construed as a reference to the Scheme by its new name.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

D. Elis-Thomas

The Presiding Officer of the National Assembly

9 November 2004

ActSections of Act continuing in effect for the purposes of the Scheme
Fire Services Act 1947

Section 26, subsections (1) to (5)f1

Section 27Af2

Section 35, in so far as it relates to section 26

Section 39(5)

Third Schedule

Fire Services Act 1951f3Section 1
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951f4

Section 46(3)(iii)

Section 61(1)(d)

Fire Services Act 1959f5

Section 8, subsections (1) to (3)

Section 9, subsections (1) and (2)Section 10

Pensions (Increase) Act 1971f6Paragraphs 16, 16A and 44 of Schedule 2f7
Superannuation Act 1972f8

Section 16

Section 24(1)(a)

Police and Firemen’s Pensions Act 1997f9Section 1(3)

Explanatory note

(This note is not part of the Order)

This Order provides for the Firemen’s Pension Scheme (“the Scheme”), established under section 26 of the Fire Services Act 1947, to continue in force despite the repeal by the Fire and Rescue Services Act 2004 of that section. For the purposes of the Scheme, this Order continues to give effect to certain enactments amended or repealed by the 2004 Act.

This Order also provides for the name of the Scheme to be changed to the “Firefighters' Pension (Wales) Scheme”. Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) will be construed as a reference to the Scheme by its new name.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.