{ "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-2/paragraph-1", "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-2/paragraph-1.json", "legislation": "ssi/2007/199", "legislation_title": "The Firefighters' Pension Scheme (Scotland) Order 2007", "legislation_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007", "path": "schedule/1/part/2/paragraph/1", "kind": "paragraph", "number": "1", "heading": "Scheme membership", "text": "(1) Subject to paragraph (2), a person of any of the following descriptions is a firefighter member of this Scheme–\n(a) a person who, on or after 6th April 2006, takes up employment with an authority as a firefighter, and whose role on taking up that employment includes–\n(i) resolving operational incidents; or\n(ii) leading and supporting others in the resolution of operational incidents;\n(b) a person who–\n(i) having taken up employment as a firefighter before 6th April 2006;\n(ii) having continued in such employment until the date of the person’s election; and\n(iii) having been a member of the 1992 Scheme,\nelects to become a member of this Scheme; and\n(c) a person to whom article 3(3) refers.\n(2) A person may not be a firefighter member of this Scheme if the person makes a contributions election (but may again become a firefighter member by virtue of rule 6(4) of this Part).\n(3) A person is a deferred member of this Scheme if the person is entitled to a deferred pension under rule 3 of Part 3.\n(4) A person is a pensioner member of this Scheme if the person is in receipt of a pension or other benefits under the Scheme in respect of the person’s pensionable service or by reason of service credited to the Scheme under Part 12.\n(5) A person is a dependent member of this Scheme if the person is–\n(a) the spouse or civil partner of a deceased firefighter member;\n(b) the nominated partner of a deceased firefighter member;\n(c) a pension credit member in relation to a firefighter member;\n(d) the child of a person who is a member of the Scheme by virtue of sub paragraph (a) or (b) of paragraph (1), whose dependency on that person satisfies the conditions specified in paragraph 15(2) and (3) of Schedule 28 to the Finance Act 2004; or\n(e) is in receipt of a portion of a firefighter’s pension allocated under rule 11 of Part 3.\n(6) Subject to paragraph (8), for the purposes of paragraph (5), a firefighter member may nominate a person (a “nominated partner”) who–\n(a) has been living with the firefighter member, otherwise than as the firefighter member’s spouse or civil partner, in a long-term relationship; and\n(b) at the date on which the question of the person’s status in relation to the firefighter member falls to be considered–\n(i) is not the spouse or civil partner of any other person;\n(ii) is registered with the scheme administrator as the firefighter member’s nominated partner; and\n(iii) is financially dependent on the firefighter member or is, with the firefighter member, in a state of mutual financial dependency.\n(7) In paragraph (6)–\n(a) “long-term relationship” means a relationship that has continued, to the exclusion of any other relationship, for the period of two years ending with the date on which the question of the person’s status in relation to the firefighter member falls to be considered, or such shorter period as the authority may in any particular case think fit; and\n(b) “scheme administrator” has the meaning given by section 270 of the Finance Act 2004.\n(8) A firefighter member may not make a nomination under paragraph (6) if (under Scots law) the firefighter member is prohibited from marrying or, as the case may be, becoming the civil partner of the person the firefighter member wishes to nominate.\n(9) A nomination ceases to have effect if the firefighter member or the person nominated marries or enters into a civil partnership (whether with each other or with another person).\n(10) Where a person who is–\n(a) employed by more than one authority; or\n(b) employed by a particular authority under more than one contract of employment,\nis entitled to be a member of this Scheme, that person shall be a member of it in respect of each employment; but shall not be a member by virtue of any employment in respect of which that person makes a contributions election that is not cancelled.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "footnote", "label": "f1", "text": "2004 c. 12." }, { "type": "footnote", "label": "f2", "text": "See also Schedule 36 to the Finance Act 2004, amended by the Finance Act 2005 (c. 7), Schedule 10." } ], "outstanding_effects": [ { "type": "inserted", "affecting": "ssi/2012/107", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment Order 2012" }, { "type": "words substituted", "affecting": "uksi/2010/234", "affecting_title": "The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010" }, { "type": "inserted", "affecting": "ssi/2010/65", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment Order 2010" }, { "type": "inserted", "affecting": "ssi/2010/333", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Order 2007 Amendment (No. 2) Order 2010" }, { "type": "words inserted", "affecting": "ssi/2015/141", "affecting_title": "The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015" }, { "type": "inserted", "affecting": "ssi/2015/141", "affecting_title": "The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015" }, { "type": "words substituted", "affecting": "ssi/2015/141", "affecting_title": "The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015" }, { "type": "inserted", "affecting": "ssi/2015/141", "affecting_title": "The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015" }, { "type": "inserted", "affecting": "ssi/2015/143", "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015" }, { "type": "words substituted", "affecting": "ssi/2015/143", "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015" }, { "type": "words inserted", "affecting": "ssi/2015/143", "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015" }, { "type": "words substituted", "affecting": "ssi/2024/26", "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2024" }, { "type": "words substituted", "affecting": "ssi/2024/26", "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2024" }, { "type": "word added", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "omitted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "words inserted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "substituted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "words substituted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "words inserted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "words inserted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "words substituted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "substituted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "inserted", "affecting": "ssi/2008/160", "affecting_title": "The Firefighters' Pension Scheme (Scotland) Order 2007 Amendment Order 2008" }, { "type": "omitted", "affecting": "ssi/2013/186", "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013" }, { "type": "omitted", "affecting": "ssi/2013/186", "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013" }, { "type": "words substituted", "affecting": "ssi/2019/358", "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019" }, { "type": "inserted", "affecting": "ssi/2019/358", "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019" }, { "type": "omitted", "affecting": "ssi/2019/358", "affecting_title": "The Firefighters’ Pension Schemes (Scotland) Amendment Order 2019" }, { "type": "word substituted", "affecting": "ssi/2016/77", "affecting_title": "The Firefighters’ Compensation and Pension Schemes (Scotland) Amendment Order 2016" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "words inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "words inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "words inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" }, { "type": "inserted", "affecting": "ssi/2014/110", "affecting_title": "The Firefighters’ Pension Scheme (Scotland) Amendment (No. 2) Order 2014" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/ssi/2007/199/schedule/1/part/2/paragraph/1", "retrieved_at": "2026-11-06T03:33:39.505945+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }