{
  "url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-9/paragraph-5",
  "json_url": "https://openlegislation.uk/firefighters-pension-scheme-scotland-order-2007/schedule-1/part-9/paragraph-5.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/9/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Withdrawal of pension on conviction of certain offences",
  "text": "(1) Where paragraph (2) applies, the authority by which a pension under Part 3 or 4 is payable may withdraw the pension in whole or in part and permanently or temporarily as they think fit.\n(2) This paragraph applies where–\n(a) the pensioner has been convicted of an offence referred to in paragraph (3), and, in the case of a pension under Part 4, that the offence was committed after the death on which the pensioner became entitled to it; or\n(b) that the pensioner has been convicted of an offence, committed in connection with the pensioner’s employment by an authority, which is certified by the Scottish Ministers–\n(i) as gravely injurious to the interests of the State; or\n(ii) as likely to lead to serious loss of confidence in the public service.\n(3) The offences mentioned in paragraph (2)(a) are–\n(a) an offence of treason; and\n(b) one or more offences under the Official Secrets Acts 1911 to 1989 for which the pensioner has been sentenced, on the same occasion–\n(i) to a term of imprisonment of at least 10 years; or\n(ii) to two or more consecutive terms amounting in aggregate to at least 10 years.\n(4) The authority may, at any time and to such extent as they think fit–\n(a) apply for the benefit of any dependant of the pensioner; or\n(b) restore to the pensioner,\nso much of any pension as has been withdrawn under this rule.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6."
    }
  ],
  "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": "applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted",
      "affecting": "ssi/2015/143",
      "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015"
    },
    {
      "type": "applied by SSI 2006/338, Sch. 1 Scheme Pt. 8 rule 2(4)(b)(i) as substituted",
      "affecting": "ssi/2015/143",
      "affecting_title": "The Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015"
    },
    {
      "type": "words 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": "omitted",
      "affecting": "ssi/2013/186",
      "affecting_title": "The Fire Reform (Pensions Amendments) (Scotland) Order 2013"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2023/1267",
      "affecting_title": "The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023"
    },
    {
      "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"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2007/199/schedule/1/part/9/paragraph/5",
    "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."
}