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The Firefighters' Pension Scheme (England and Scotland) Order 2004

S.I. 2004/2306 · Made 7 September 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FIRE AND RESCUE SERVICES, ENGLAND AND SCOTLAND

PENSIONS, ENGLAND AND SCOTLAND

Made 7th September 2004

Laid before Parliament 10th September 2004

Coming into force 1st October 2004

The First Secretary of State, in exercise of the powers conferred on him by sections 36 and 60 of the Fire and Rescue Services Act 2004f1, and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2004 c. 21.

Contents

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

1Citation, commencement and application

(1)

This Order may be cited as the Firefighters' Pension Scheme (England and Scotland) Order 2004.

(2)

This Order shall come into force on 1st October 2004.

(3)

This Order applies in England and in Scotland onlyf1.

2Interpretation

In this Order, “the Scheme” means the scheme established under section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme)f1 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 1947, the Scheme shall continue in force.

(2)

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Schedule to this Order shall continue to have effect for the purposes of the Scheme as if they had not been amended or repealed, as the case may be, by the Fire and Rescue Services Act 2004.

4Change of scheme name

(1)

The new name of the Scheme shall be the “Firefighters' Pension 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 by the authority of the First Secretary of State

Phil Hope

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

7th September 2004

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

Subsections (1) to (5) of section 26f1

Section 27A (information in connection with firemen’s pensions etc)f2

Section 35 (regulations and orders to be laid before Parliament), in so far as it relates to section 26

Section 39(5) (short title, extent, transitional provisions and savings)

Schedule 3 (provisions of 15 & 16 Geo 5 c 47 applicable for purposes of Firemen’s Pension Scheme)

Fire Services Act 1951f3Section 1 (amendments of s 26)
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951f4

Section 46(3)(iii) (payments to make up civil remuneration)

Section 61(1)(d) (presumption of death of persons serving in forces)

Fire Services Act 1959f5

Subsections (1) to (3) of section 8

Subsections (1) and (2) of section 9

Section 10

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

Section 16 (members of fire brigades)

Section 24(1)(a) (compensation for loss of office, etc)

Police and Firemen’s Pensions Act 1997f8Section 1(3) (clarification of powers in respect of transfer values etc)

Explanatory note

(This note is not part of the Order)

This Order applies in England and in Scotland only (article 1(3)).

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 (“the 2004 Act”) of that section (article 3(1)). For the purposes of the Scheme, this Order continues to give effect to certain provisions of enactments amended or repealed by the 2004 Act (article 3(2) and the Schedule).

This Order also provides for the name of the Scheme to be changed to the “Firefighters' Pension 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 (article 4).

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; neither does it have significant financial impact on any public bodies.