OpenLegislation

The Fire Reform (Pensions Amendments) (Scotland) Order 2013

S.S.I. 2013/186 · Made 29 May 2013

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 Services

Pensions

Made 29th May 2013

Laid before the Scottish Parliament 31st May 2013

Coming into force 1st July 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 34(1) to (4) and 60(2) of the Fire and Rescue Services Act 2004f1 and all other powers enabling them to do so.

In accordance with section 34(5) of that Act, they have consulted with such persons as they considered appropriate.

Annotations to the whole text

Footnotes

f1

2004 c.21; section 34 was relevantly amended by S.I. 2013/602, Schedule 1, paragraph 7(2); the functions of the Secretary of State as regards Scotland were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849).

Contents

  1. Part 1: General
  2. 1Citation, commencement and effect
  3. Part 2: Amendment of the Firefighters’ Compensation Scheme (Scotland) Order 2006
  4. 2General
  5. 3Part 1
  6. 4Part 1
  7. 5Part 8
  8. 6Part 10
  9. 7Part 10
  10. 8Part 10
  11. Part 3: Amendment of the Firefighters’ Pension Scheme (Scotland) Order 2007
  12. 9General
  13. 10Part 1
  14. 11Part 2
  15. 12Part 3
  16. 13Part 3
  17. 14Part 3
  18. 15Part 7
  19. 16Part 9
  20. 17Part 10
  21. 18Part 12
  22. 19Part 13
  23. 20Part 13B
  24. Signature
  25. Explanatory note

1Citation, commencement and effect

(1)

This Order may be cited as the Fire Reform (Pensions Amendments) (Scotland) Order 2013.

(2)

This Order comes into force on 1st July 2013 and, subject to paragraph (3), has effect from 1st April 2013.

(3)

Articles 3 and 10(a) have effect from 1st October 2012.

2General

Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006f1 is amended in accordance with articles 3 to 8.

3Part 1

In rule 2(1) of Part 1 (interpretation)f1, in the definition of “fire and rescue authority” at the end insert “or the Scottish Fire and Rescue Service”.

4Part 1

In rule 4(2) of Part 1 (application to temporary employment), for sub-paragraph (b) substitute—

“(b)

as a Chief Inspector, Inspector or Assistant Inspector appointed, or taken to have been appointed, under section 43A of the 2005 Actf1;”.

5Part 8

In rule 1(5)(b) of Part 8 (award to employee not a regular or retained firefighter), omit “other”.

6Part 10

In rule 1 of Part 10 (authorities responsible for payment of awards)—

(a)

in paragraph (1)—

(i)

for “Subject to paragraph (2), an”, substitute “An”; and

(ii)

for the words from “the authority” to the end, substitute “the Scottish Fire and Rescue Service”; and

(b)

omit paragraphs (2) and (3).

7Part 10

In rule 3 of Part 10 (prevention of duplication), omit paragraph (5).

8Part 10

In rule 4(2) of Part 10 (prevention of duplication: other injury awards), omit from “(whether” to “authorities)”.

9General

Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007f1 (in which the New Firefighters’ Pension Scheme (Scotland) is set out) is amended in accordance with articles 10 to 20.

10Part 1

In rule 2(1) of Part 1 (interpretation)f1—

(a)

in the definition of “authority”, for “Scottish fire authority” substitute “relevant authority (as defined in section 6 of the Fire (Scotland) Act 2005f2) or the Scottish Fire and Rescue Service”; and

(b)

omit the definitions of “fire and rescue authority employer contributions”, “Firefighters’ Operating Account”, “Firefighters’ Pension Account” and “proper accounting practices”.

11Part 2

In rule 1(10) of Part 2 (scheme membership)f1, omit paragraph (a) and the word “or” immediately after it.

12Part 3

In rule 1 of Part 3 (ordinary pension)—

(a)

in paragraph (1), for “Subject to paragraph (2), this” substitute “This”; and

(b)

omit paragraph (2).

13Part 3

In rule 4 of Part 3 (cancellation of deferred pension), omit paragraph (3).

14Part 3

In rule 11(4)(a)(ii) of Part 3 (allocation of pension), for “their former” substitute “the”.

15Part 7

In rule 4 of Part 7 (reservists who do not resume employment), omit “reservist’s former”.

16Part 9

In rule 3 of Part 9 (withdrawal of pension during service as firefighter)—

(a)

in paragraph (2), omit “(whether from the same authority or from different authorities)”; and

(b)

omit paragraph (4).

17Part 10

In rule 4(1) of Part 10 (reckoning of unpaid period of absence), omit “in accordance with Part 13B”.

18Part 12

In rule 12 of Part 12 (transfer of payments and pension history between authorities), omit paragraph (10).

19Part 13

In rule 1 of Part 13 (authorities responsible for payment of awards)f1—

(a)

in paragraph (1), for “authority by whom the person was last so employed” substitute “Scottish Fire and Rescue Service”; and

(b)

in paragraph (2), for the words from “authority” to the end substitute “Scottish Fire and Rescue Service”.

20Part 13B

Omit Part 13B (Firefighters’ Pension Account).

Signature

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th May 2013

Explanatory note

(This note is not part of the Order)

This Order amends 2 pensions instruments so as to make changes consequential on the creation of the Scottish Fire and Rescue Service. The instruments amended are the Firefighters’ Compensation Scheme (Scotland) Order 2006 and the Firefighters’ Pension Scheme (Scotland) Order 2007.