The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

These Regulations may be cited as the London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018.

Subject to paragraph (3), these regulations come into force on 1st April 2018.

Regulation 2 and paragraphs 3, 4, 10, 11 and 16 of the Schedule come into force on 22nd March 2018.

These Regulations apply in relation to England only.

The Local Government Officers (Political Restrictions) Regulations 1990^f1 are amended as follows.

In regulation 3(3) (terms of appointment and conditions of employment)^f2 after “Paragraphs” insert “, 1(c)”.

The Local Authority (Stocks and Bonds) Regulations 1974^f1 are amended as follows.

In regulation 1(3) (title, commencement and interpretation)^f2 in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

The Local Government Reorganisation (Preservation of Right to Buy) Order 1986^f1 is amended as follows.

In the definition of “successor authority” in article 2 (interpretation)^f2 for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

The Local Government Officers (Political Restrictions) Regulations 1990^f1 are amended as follows.

In regulation 2 (interpretation)^f2 after the definition of “the Act”, insert—

• ““Deputy Mayor for Fire” means a person appointed under section 67(1)(b) of the Greater London Authority Act 1999^f3 as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;”.

In regulation 3 (terms of appointment and conditions of employment)^f4—

Schedule 2 to the Firemen’s Pension Scheme Order 1992^f1 is amended as follows.

After rule A3 (exclusive application to regular firefighters) insert—

“Extension of scheme

A3A.

(1)

This rule applies where a person holds office as the London Fire Commissioner and the terms and conditions of appointment to that office include—

(a)

resolving operational incidents, or

(b)

leading and supporting others in the resolution of operational incidents.

(2)

Where this rule applies—

(a)

holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b)

this Scheme applies in relation to a person holding office as the London Fire Commissioner in the same way as it applies to a regular firefighter.”.

The Pipelines Safety Regulations 1996^f1 are amended as follows.

In regulation 2(1) (interpretation)^f2 in the definition of “local authority” in paragraph (a) for “London Fire and Civil Defence Authority” substitute “London Fire Commissioner”.

The Radiation (Emergency Preparedness and Public Information) Regulations 2001^f1 are amended as follows.

In regulation 2(1) (interpretation) in the definition of “local authority” in paragraphs (a)(i) and (b)(i) for “London Fire and Emergency Planning Authority” substitute “London Fire Commissioner”.

The Local Authorities (Members’ Allowances) (England) Regulations 2003^f1 are amended as follows.

In regulation 3(1) (application of these Regulations) omit sub-paragraph (g).

In regulation 34(4) (disapplication) omit sub-paragraph (g).

The Greater London Authority Elections (Election Addresses) Order 2003^f1 is amended as follows.

In article 9(3)(d)(i) (distribution of election booklets)^f2 for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005^f1 are amended as follows.

In regulation 55^f2—

In regulation 56 (Role of other Category 1 responders in London)—

Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006^f1 is amended as follows.

In Part 1 (general provisions), rule 2 (interpretation)—

In Part 3 (awards on death: spouses and civil partners)^f2, in rule 2(5) (augmented award for spouse or civil partner), for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Part 2 of Schedule 1 to the Firefighters Pension Scheme (England) Order 2006^f1 is amended as follows.

After rule 1(1) (scheme membership) insert—

“(1A)

Subject to paragraph (2), a person who holds office as the London Fire Commissioner is to be treated as a firefighter member of this Scheme where the terms and conditions of appointment to that office include—

(a)

resolving operational incidents, or

(b)

leading and supporting others in the resolution of operational incidents.

(1B)

Where a person is treated as a firefighter member of this Scheme under paragraph (1A)—

(a)

holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b)

this Scheme shall apply in relation to that person in the same way as it applies to a firefighter member with the modification set out in paragraph (1C).

(1C)

In relation to a person who falls within paragraph (1A), Part 3 of this Scheme (personal awards) is to be read as if rule 6 (pension on authority-initiated early retirement) were omitted.”.

In rule 1(2)—

The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009^f1 is amended as follows.

In article 1(2) (application of order to best value authorities) for sub-paragraph (d) substitute—

“(d)

the London Fire Commissioner”.

The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012^f1 are amended as follows.

In regulation 3 (relevant authorities) for sub-paragraph (b) substitute—

“(b)

the London Fire Commissioner”.

The Local Government Pension Scheme Regulations 2013^f1 are modified in accordance with sub-paragraph (2) and amended in accordance with sub-paragraph (3).

Regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained)^f2 is to be read as if after paragraph (8) there were inserted—

“(8A)

Paragraph (8B) applies where the exiting employer is the London Fire and Emergency Planning Authority and the liabilities of the fund in respect of benefits due to the London Fire and Emergency Planning Authority’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the London Fire Commissioner under a transfer scheme made under section 10 of the Policing and Crime Act 2017.

(8B)

Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.”.

In the table in paragraph 4 of Part 2 of the Schedule 3 (pension funds)^f3 after “An employee of the Greater London Authority” insert “An employee of the London Fire Commissioner”.

The Openness of Local Government Bodies Regulations 2014^f1 are amended as follows.

In regulation 6 (interpretation of Part 3), in paragraph (f) of the definition of “relevant local government body” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

The Firefighters’ Pension Scheme (England) Regulations 2014^f1 are amended as follows.

For regulation 2(1) (establishment of firefighters’ pension scheme 2015), substitute—

“(1)

These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of—

(a)

fire and rescue workers who are firefighters in England; and

(b)

persons to whom this scheme may potentially relate by virtue of paragraph (1A) and in respect of whom the Secretary of State makes a determination under section 25(5) of the 2013 Act.

(1A)

This scheme may potentially relate to a person who holds office as the London Fire Commissioner where the terms and conditions of their appointment to that office include—

(a)

resolving operational incidents; or

(b)

leading and supporting others in the resolution of operational incidents.

(1B)

The Secretary of State may by direction modify the provisions of this Scheme in their application to those persons to which paragraph (1)(b) applies for the purposes of—

(a)

securing appropriate protection against additional costs to the Scheme that might result from the application of this Scheme to those persons,

(b)

obtaining information about those persons, their employers and other relevant persons, or

(c)

taking appropriate account of—

(i)

the arrangements under which those persons are employed, and

(ii)

the organisational structures of their employers.”.

For regulation 6(1), substitute—

“(1)

For the purposes of these Regulations, a person is in scheme employment if

(a)

that person—

(i)

is employed as a firefighter by an authority; or

(ii)

is a person to whom this scheme relates by virtue of a determination under section 25(5) of the 2013 Act; and

(b)

that person satisfies the requirements in paragraph (2) or paragraph (3).”.

The Local Audit (Auditor Panel) Regulations 2014^f1 are amended as follows.

In regulation 8(4) (application of local authority enactments to auditor panels: disqualification) omit sub-paragraph (f).

In the definition of “political balance authority” in regulation 10(4) (application of local authority enactments to auditor panels: political balance) omit sub-paragraph (e).

The Control of Major Accident Hazards Regulations 2015^f1 are amended as follows.

In regulation 2(1) (interpretation), in paragraph (b)(i) of the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

The Trade Union (Facility Time Publication Requirements) Regulations 2017^f1 are amended as follows.

For paragraph 12 of Part 1 (local authorities) of Schedule 1 (public authorities) substitute—

“12.

The London Fire Commissioner.”.

The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017^f1 are amended as follows.

In Schedule 2 (public authorities required to publish information) for “The London Fire and Emergency Planning Authority” substitute “The London Fire Commissioner”.