Firemen's Pension Scheme (No. 2) Order, 1949

STATUTORY INSTRUMENTS

1949 No. 1469

FIRE SERVICES

28thJuly 1949

29thJuly 1949

On the day after the Order is laid before Parliament

In exercise of the powers conferred on me by section twenty-six of the Fire Services Act, 1947(a), and of all other powers enabling me in that behalf, I hereby, with the approval of the Treasury and after consultation with the Central Fire Brigades Advisory Council and the Scottish Central Fire Brigades Advisory Council, make the following Order:—

1. In sub-paragraph (a) (iii) of paragraph (2) of Article 6 of the Firemen's Pension Scheme, 1948, set out in the Appendix to the Firemen's Pension Scheme Order, 1948(b), after the words "National Fire Service (Preservation of Pensions) (Police Firemen) Regulations, 1941" there shall be inserted the words "(all of which Regulations are hereafter in this Scheme referred to as the ' Preservation of Pensions Regulations')".

2. For paragraph (1) of Article 7 of the said Scheme there shall be substituted the following paragraph:—

"(1) Where a fireman dies from the effects of an injury received without his own default in the execution of his duties—

(a) as a fireman,

(b) as a professional fireman within the meaning of the Fire Brigade Pensions Act, 1925(c), whether or not a member of the London Fire Brigade, or as a member of a police force employed whole-time on fire brigade duties within the meaning of the Fire Brigades Act, 1938(d), or

(c) as a whole-time member of the National Fire Service to whom any of the Preservation of Pensions Regulations applied,

or where a person who has been a fireman and who retired as a result of such an injury as aforesaid, dies from its effects, his widow shall be entitled to a widow's special pension."

3. For paragraph (1) of Article 8 of the said Scheme there shall be substituted the following paragraph:—

"(1) Where a fireman dies from the effects of an injury received without his own default in the execution of his duties—

(a) as a fireman,

(b) as a professional fireman within the meaning of the Fire Brigade Pensions Act, 1925, whether or not a member of the London Fire Brigade, or as a member of a police force employed whole-time on fire brigade duties within the meaning of the Fire Brigades Act, 1938, or

(a) 10 & 11 Geo. 6. c. 41.

(b) S.I. 1948 (No. 604) I, p. 1091; and see S.I. 1949 No. 396, p. 1660 above.

(c) 15 & 16 Geo. 5. c. 47.

(d) 1 & 2 Geo. 6. c. 72.

(c) as a whole-time member of the National Fire Service to whom any of the Preservation of Pensions Regulations applied,

or where a person who has been a fireman and who retired as a result of such an injury as aforesaid, dies from its effects, any child of his who has not attained the prescribed age at the date of the death shall be entitled to a child's special allowance."

4.—(1) In paragraph (4) of Article 15 of the said Scheme, for the words "he pays to the fire authority by whom he is employed as a fireman on the appointed day such sum as is prescribed in his case by the Eleventh Schedule to this Scheme" there shall be substituted the words "within two years of the appointed day he undertakes to make payments in accordance with the Eleventh Schedule to this Scheme".

(2) In paragraph (5) of the said Article for the words "he pays to the fire authority by whom he is employed as a fireman on the appointed day such sum as is prescribed in his case by the Eleventh Schedule to this Scheme" there shall be substituted the words "within two years of the appointed day he undertakes to make payments in accordance with the Eleventh Schedule to this Scheme".

(3) In paragraph (7) of the said Article for the words "have effect as if the words 'three-quarters of' were omitted therefrom" there shall be substituted the words "and in relation to the whole or that part of the period of service specified in the direction, have effect as if for the words 'three-quarters of the period of service 'there were substituted the words 'the period of service or such fraction thereof, not being less than three-quarters, as the Secretary of State may direct'".

5. In paragraph (1) of Article 16 of the said Scheme for the words "he pays to the fire authority by whom he is first employed as a fireman such sum as is prescribed in his case by the Eleventh Schedule to this Scheme" there shall be substituted the words "within six months of his first being employed as a fireman or within two years of the appointed day, whichever is later, he undertakes to make payments in accordance with the Eleventh Schedule to this Scheme".

6.—(1) In paragraph (1) of Article 17 of the said Scheme the words "on the appointed day" shall be omitted.

(2) In paragraph (2) of the said Article the words "on the appointed day" shall be omitted.

7.—(1) In paragraph (1) of Article 18 of the said Scheme the words "on that day" shall be omitted.

(2) In paragraph (2) of the said Article the words "on the appointed day" shall be omitted.

8. In paragraph (3) of Article 18A(a) of the said Scheme after the words "paragraphs (2), (3) and...