Article 1 Citation, commencement and interpretation

(1)

This Order may be cited as the Firefighters' Pension Scheme (Amendment) (England) Order 2006.

(2)

This Order shall come into force on 7^th August 2006, but shall have effect as specified in paragraphs (3) to (6).

(3)

The amendment made by article 2 and paragraph 18 of Schedule 1 (spouse’s or civil partner’s requisite benefit and temporary pension) has effect from 1st March 1992.

(4)

The amendment made by article 2 and paragraph 2 of Schedule 1 (short service award) has effect from 21st November 2005.

(5)

The amendments made by article 2 and the following paragraphs of Schedule 1 have effect from 6th April 2006—

(a)

paragraph 1 (exclusive application of Scheme to regular firefighters),

(b)

paragraph 10 (commutation – general provision),

(c)

paragraph 11 (commutation – small pensions),

(d)

paragraph 12 (allocation),

(e)

paragraph 14 (deduction of tax from certain awards),

(f)

paragraph 24 (lump sum death grant),

(g)

paragraph 27 (lump sum in lieu of surviving spouse’s or civil partner’s pension),

(h)

paragraph 28 (lump sum in lieu of child’s allowance),

(i)

paragraph 29 (limitation on discretion to commute pension or allowance for lump sum),

(j)

paragraph 40 (election to purchase increased benefits),

(k)

paragraph 41 (payment of periodical contributions for increased benefits), and

(l)

paragraph 42 (pension debit members: restriction on replacement of debited rights).

(6)

The remaining provisions of this Order have effect from 1st April 2006.

(7)

In this Order—

“the Compensation Scheme” means the Firefighters' Compensation Scheme (England) 2006 set out in the Schedule to the Firefighters' Compensation Scheme (England) Order 2006^f1; and
“the Pension Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992^f2, as it has effect in England^f3.

Annotations

Footnotes

f1: S.I. 2006/1811.
f2: S.I. 1992/129; amended by 1997/2309 and 2851, 1998/1010, 2001/3649 and 3691 and 2004/1912. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). That Act was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1) to (5) of section 26 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by S.I. 2004/2306. The name of the scheme was changed, in relation to England and Scotland, by article 4(1) of S.I. 2004/2306.
f3: The Secretary of State’s functions under section 26 of the Fire Services Act 1947, in so far as they were exercisable in relation to Scotland, were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (c. 46) and article 2 of, and Schedule 1 to, the Scotland Act 1998 (Transfer of Functions to Scottish Ministers etc) Order 1999 (S.I. 1999/1750). The Secretary of State’s functions under section 3(5) of the Fire Services Act 1947, in so far as they were exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry for the Fire Services Act 1947 in Schedule 1.