SCHEDULE
Regulation 2
Amendments relating to the London Fire Commissioner
1. Amendment of the Local Authority (Stocks and Bonds) Regulations 1974
(1) The Local Authority (Stocks and Bonds) Regulations 19747are amended as follows.
(2) In regulation 1(3) (title, commencement and interpretation)8in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.
2. Amendment of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986
(1) The Local Government Reorganisation (Preservation of Right to Buy) Order 19869is amended as follows.
(2) In the definition of “successor authority” in article 2 (interpretation)10for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.
3. Amendment of the Local Government Officers (Political Restrictions) Regulations 1990
(1) The Local Government Officers (Political Restrictions) Regulations 199011are amended as follows.
(2) In regulation 2 (interpretation)12after 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 199913as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;”.
(3) In regulation 3 (terms of appointment and conditions of employment)14—
(a)
(a) in paragraph (1) for “Subject to paragraphs (3) and (4)” substitute “Subject to paragraphs (3), (4) and (5)”, and
(b)
(b) after paragraph (4) insert—
“5 Paragraphs 1(c) and 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Fire.”.
4. Amendment of the Firemen’s Pension Scheme Order 1992
(1) Schedule 2 to the Firemen’s Pension Scheme Order 199215is amended as follows.
(2) 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)
(a) resolving operational incidents, or
(b)
(b) leading and supporting others in the resolution of operational incidents.
(2) Where this rule applies—
(a)
(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)
(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.”.
5. Amendment of the Pipelines Safety Regulations 1996
(1) The Pipelines Safety Regulations 199616are amended as follows.
(2) In regulation 2(1) (interpretation)17in the definition of “local authority” in paragraph (a) for “London Fire and Civil Defence Authority” substitute “London Fire Commissioner”.
6. Amendment of the Radiation (Emergency Preparedness and Public Information) Regulations 2001
(1) The Radiation (Emergency Preparedness and Public Information) Regulations 200118are amended as follows.
(2) 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”.
7. Amendment of the Local Authorities (Members’ Allowances) (England) Regulations 2003
(1) The Local Authorities (Members’ Allowances) (England) Regulations 200319are amended as follows.
(2) In regulation 3(1) (application of these Regulations) omit sub-paragraph (g).
(3) In regulation 34(4) (disapplication) omit sub-paragraph (g).
8. Amendment of the Greater London Authority Elections (Election Addresses) Order 2003
(1) The Greater London Authority Elections (Election Addresses) Order 200320is amended as follows.
(2) In article 9(3)(d)(i) (distribution of election booklets)21for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.
9. Amendment of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
(1) The Civil Contingencies Act 2004 (Contingency Planning) Regulations 200522are amended as follows.
(2) In regulation 5523—
(a)
(a) for the heading substitute “Role of the London Fire Commissioner”;
(b)
(b) in paragraph (1) for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.
(3) In regulation 56 (Role of other Category 1 responders in London)—
(a)
(a) for “the London Fire and Emergency Planning Authority” in both places where it occurs substitute “the London Fire Commissioner”;
(b)
(b) for “by that Authority of its functions” substitute “by the Commissioner of the Commissioner’s functions”.
10. Amendment of the Firefighters’ Compensation Scheme (England) Order 2006
(1) Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 200624is amended as follows.
(2) In Part 1 (general provisions), rule 2 (interpretation)—
(a)
(a) in paragraph (1)—
(i) for the definition of “normal pension age” substitute—
““normal pension age” in relation to—
(a)
(a) employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in firefighting; and
(b)
(b) a person who holds office as the London Fire Commissioner where the terms and conditions of appointment to that office include—
(i) resolving operational incidents, or
(ii) leading and supporting others in the resolution of operational incidents,
means—
(a)
(a) 55 in relation to the 1992 Scheme; and
(b)
(b) 60 in relation to the 2006 Scheme and the 2015 Scheme;”;
(ii) for the definition of “regular firefighter” substitute—
““regular firefighter” means—
(a)
(a) a person who is employed—
(i) by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter; and
(ii) on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;
(b)
(b) a person who holds office as the London Fire Commissioner where the terms and conditions of appointment to that office include—
(i) resolving operational incidents, or
(ii) leading and supporting others in the resolution of operational incidents;”; and
(b)
(b) after paragraph (2) insert—
“3 Where a person who holds office as the London Fire Commissioner is a regular firefighter—
(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 that person in the same way as it applies to a regular firefighter who is employed by a fire and rescue authority.”.
(3) In Part 3 (awards on death: spouses and civil partners)25, in rule 2(5) (augmented award for spouse or civil partner), for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.
11. Amendment of the Firefighters’ Pension Scheme (England) Order 2006
(1) Part 2 of Schedule 1 to the Firefighters Pension Scheme (England) Order 200626is amended as follows.
(2) 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...
