Firemen's Pension Scheme (Amendment) Order 1971
| Jurisdiction | UK Non-devolved |
1971 No. 1329
FIRE SERVICES
The Firemen's Pension Scheme (Amendment) Order 19719thAugust 1971
19thAugust 1971
1stSeptember 1971
In exercise of the powers conferred on me by section 26 of the Fire Services Act 1947(a), (read with Article 2(1) of the Minister for the Civil Service Order 1968(b)), as amended and extended by section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(c) and section 15 of the Pensions (Increase) Act 1971(d), I hereby, with the approval of the Minister for the Civil Service and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order, which contains only such provisions as appear to me to be necessary or expedient in connection with the passing of the said Act of 1971:—
PART I
CITATION, OPERATION AND INTERPRETATION
1. This Order may be cited as the Firemen's Pension Scheme (Amendment) Order 1971.
2. This Order shall come into operation on 1st September 1971.
3. In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:—
"the Scheme of 1971" means the Firemen's Pension Scheme 1971, set out in Appendix 2 to the Firemen's Pension Scheme Order 1971(e);
"the Scheme of 1966" means the Firemen's Pension Scheme 1966, set out in Appendix 2 to the Firemen's Pension Scheme Order 1966(f), as amended(g) and in so far as it continues to have effect(h));
"the Scheme of 1964" means the Firemen's Pension Scheme 1964, set out in Appendix 2 to the Firemen's Pension Scheme Order 1964(i), as amended(j) and in so far as it continues to have effect(k);
(a) 1947 c. 41.
(b) S.I. 1968/1656 (1968 III, p. 4485).
(c) 1951 c. 65.
(d) 1971 c. 56.
(e) S.I. 1971/145 (1971 I, p. 320).
(f) S.I. 1966/1045 (1966 II, p. 2504).
(g) The relevant amending instruments are S.I. 1968/157, 1969/1001 (1968 I, p. 386; 1969 II, p. 2945).
(h) See S.I. 1971/145 (1971 I, p. 320).
(i) S.I. 1964/1148 (1964 II, p. 2574).
(j) The amending instruments are not relevant to the subject matter of this Order.
(k) See 1966/1045 (1966 II, p. 2504).
"the Scheme of 1956" means the Firemen's Pension Scheme 1956, set out in the Appendix to the Firemen's Pension Scheme Order 1956(a), as amended(b) and in so far as it continues to have effect(c);
"the Scheme of 1952" means the Firemen's Pension Scheme 1952, set out in Appendix 1 to the Firemen's Pension Scheme Order 1952(d), as amended(e) and in so far as it continues to have effect(f), and
"the Scheme of 1948" means the Firemen's Pension Scheme 1948, set out in the Appendix to the Firemen's Pension Scheme Order 1948(g), as amended(h) and in so far as it continues to have effect(i).
PART II
AMENDMENTS OF ARTICLES RELATING TO INTERPRETATION
4.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 8(1) of the Scheme of 1971;
Article 82(1) of the Scheme of 1966;
Article 80(1) of the Scheme of 1964.
(2) The definition of the expression "relevant Pensions (Increase) Acts" shall be omitted from each of the said provisions.
PART III
AMENDMENTS OF ARTICLES RELATING TO WIDOWS' ORDINARY PENSIONS
5.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 21(2)(b) of the Scheme of 1971;
Article 10(2)(b) of the Scheme of 1966;
Article 10(2) of the Scheme of 1964.
(2) The words "subject however to Schedule 4" shall be omitted from each of the said provisions.
6. In Article 10(1) of the Scheme of 1956 the words "and the Fourth Schedule" shall be omitted.
7.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 4(1) of the Scheme of 1952;
Article 4(1) of the Scheme of 1948.
(2) For the words "and Sixteenth Schedules", in both of the said provisions, there shall be substituted the word "Schedule".
(a) S.I. 1956/1022 (1956 I, p. 953).
(b) The relevant amending instruments are S.I. 1956/2014, 1959/802, 1962/729 (1956 I, p. 994; 1959 I, p. 1282; 1962 I, p. 744).
(c) See 1964/1148 (1964 II, p. 2574).
(d) S.I. 1952/944 (1952 I, p. 1003).
(e) The relevant amending instruments are S.I. 1952/1447, 1952/2166, 1954/1663 (1952 I, p. 1046; 1952 I, p. 1047; 1954 I, p. 909).
(f) See S.I. 1956/1022 (1956 I, p. 953).
(g) S.I. 1948/604 (1948 I, p. 1091).
(h) The relevant amending instrument is S.I. 1952/2166 (1952 I, p. 1047).
(i) See S.I. 1952/944 (1952 I, p. 1003).
PART IV
AMENDMENTS OF ARTICLES RELATING TO WIDOWS' SPECIAL PENSIONS
8.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 22(2) of the Scheme of 1971;
Article 11(2) of the Scheme of 1966;
Article 11 of the Scheme of 1964.
(2) The words "subject however to Schedule 4" shall be omitted from each of the said provisions.
9. In Article 11 of the Scheme of 1956 the words "and the Fourth Schedule" shall be omitted.
10.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 7(2) of the Scheme of 1952;
Article 7(2) of the Scheme of 1948.
(2) For the words "and Sixteenth Schedules", in both of the said provisions, there shall be substituted the word "Schedule".
PART V
AMENDMENTS OF ARTICLES RELATING TO WIDOWS' AUGMENTED AWARDS
11.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 23(2) of the Scheme of 1971;
Article 11A(2) of the Scheme of 1966.
(2) The words "subject however, in either case, to Schedule 4" shall be omitted from both the said provisions.
PART VI
AMENDMENT OF ARTICLE RELATING TO CHILDREN'S ORDINARY ALLOWANCES
12. In Article 5(1) of the Scheme of 1952 the words "and of the Sixteenth Schedule to this Scheme" shall be omitted.
PART VII
AMENDMENTS OF ARTICLES RELATING TO CHILDREN'S SPECIAL ALLOWANCES
13.—(1) This Article shall have effect for the purposes of the amendment of the following provisions, namely:—
Article 29 of the Scheme of 1971;
Article 17 of the Scheme of 1966;
Article 17 of the Scheme of 1964.
(2) The words "and to Schedule 4" shall be omitted from each of the said provisions.
14. In Article 17 of the Scheme of 1956 the words "and the Fourth Schedule" shall be omitted.
15. In Article 8(2) of the Scheme of 1952 the words "and of the Sixteenth Schedule to this Scheme" shall be omitted.
PART VIII
AMENDMENTS OF ARTICLES RELATING TO AWARDS ON DEATH OF SERVICEMEN
16.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—
Article 65 of the Scheme of 1971;
Article 53 of the Scheme of 1966;
Article 51 of the Scheme of 1964;
Article 46 of the Scheme of 1956.
(2) For paragraph (4)(a) of each of the said Articles there shall be substituted the following provision:—
"(a) pay to the widow, in lieu of a gratuity, a pension at the rate of £148·27 a year, and".
(3) Each of the said Articles shall end with the words "qualifying injury" in paragraph (4)(b) and, accordingly, any words or provisions following those words are hereby revoked.
17.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—
Article 37B of the Scheme of 1952;
Article 37B of the Scheme of 1948.
(2) For paragraph (4)(a) of each of the said Articles there shall be substituted the following provision:—
"(a) pay to the widow, in lieu of a gratuity, a pension at the rate of £111·20 a year, and".
(3) In paragraph (4)(b) of each of the said provisions the words following the words "qualifying injury" shall be omitted.
18.—(1) This Article shall have effect for the purposes of the amendment of the following Articles, namely:—
Article 10 of the Scheme of 1952;
Article 10 of the Scheme of 1948.
(2) For the proviso to...
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