UNITED KINGDOM STATUTORY INSTRUMENT
2004 No. 2306
FIRE AND RESCUE SERVICES, ENGLAND AND SCOTLAND
PENSIONS, ENGLAND AND SCOTLAND
The Firefighters' Pension Scheme (England and Scotland) Order 2004
Made 7th September 2004
Laid before Parliament 10th September 2004
Coming into force 1st October 2004
The First Secretary of State, in exercise of the powers conferred on him by sections 36 and 60 of the Fire and Rescue Services Act 2004, and of all other powers enabling him in that behalf, hereby makes the following Order:
S-1
Citation, commencement and applicationCitation, commencement and application
1.—(1) This Order may be cited as the Firefighters' Pension Scheme (England and Scotland) Order 2004.
(2) This Order shall come into force on 1st October 2004.
(3) This Order applies in England and in Scotland only.
Interpretation
2. In this Order, “the Scheme” means the scheme established under section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme)and set out in the Firemen’s Pension Scheme Order 1992.
S-3
Preservation of existing pension schemePreservation of existing pension scheme
3.—(1) Notwithstanding the repeal of section 26 of the Fire Services Act 1947, the Scheme shall continue in force.
(2) The provisions of the enactments listed in the Schedule to this Order shall continue to have effect for the purposes of the Scheme as if they had not been amended or repealed, as the case may be, by the Fire and Rescue Services Act 2004.
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Change of scheme nameChange of scheme name
4.—(1) The new name of the Scheme shall be the “Firefighters' Pension Scheme”.
(2) Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) shall be construed as a reference to the Scheme by its new name.
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
7th September 2004
SCHEDULE
Article 3(2)
SCHEDULE
Act |
Provisions of Act continuing in effect for the purposes of the Scheme |
Fire Services Act 1947 |
Subsections (1) to (5) of section 26
Section 27A (information in connection with firemen’s pensions etc)
Section 35 (regulations and orders to be laid before Parliament), in so far as it relates to section 26
Section 39(5) (short title, extent, transitional provisions and savings)
Schedule 3 (provisions of 15 & 16 Geo 5 c 47 applicable for purposes of Firemen’s Pension Scheme)
|
Fire Services Act 1951 |
Section 1 (amendments of s 26) |
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 |
Section 46(3)(iii) (payments to make up civil remuneration)
Section 61(1)(d) (presumption of death of persons serving in forces)
|
Fire Services Act 1959 |
Subsections (1) to (3) of section 8
Subsections (1) and (2) of section 9
Section 10
|
Pensions (Increase) Act 1971 |
Paragraphs 16, 16A and 44 of Schedule 2 (official pensions) |
Superannuation Act 1972 |
Section 16 (members of fire brigades)
Section 24(1)(a) (compensation for loss of office, etc)
|
Police and Firemen’s Pensions Act 1997 |
Section 1(3) (clarification of powers in respect of transfer values etc) |
(This note is not part of the Order)
This Order applies in England and in Scotland only (article 1(3)).
This Order provides for the Firemen’s Pension Scheme (“the Scheme”), established under section 26 of the Fire Services Act 1947, to continue in force despite the repeal by the Fire and Rescue Services Act 2004 (“the 2004 Act”) of that section (article 3(1)). For the purposes of the Scheme, this Order continues to give effect to certain provisions of enactments amended...
