Police and Firemen (War Service) Act 1944

6 Consequential amendment of enactments

(1) The power of the Parliament of Northern Ireland under section fifteen of the principal Act to make laws in respect of members of a police force or fire brigade in Northern Ireland for purposes similar to the purposes of that Act shall include power to make such laws for purposes similar to the purposes of this Act.

(2) Notwithstanding anything in subsection (2) of section one of the [3 & 4 Geo. 6. c. 20.] Emergency Powers (Defence) Act, 1940 (which provides that the enactments which may be applied with modifications by Defence Regulations shall be enactments passed before the commencement of that Act), any such Regulation applying the provisions of the principal Act with modifications to persons engaged in war work as defined by the Regulation, having ceased to serve as constables or firemen in order to be so engaged or in order to serve in His Majesty's forces, and to persons serving in His Majesty's forces having ceased to serve as constables or firemen in order to be so engaged, may apply the provisions of this Act with modifications to such persons.

(3) The power of the Secretary of State under the [4 & 5 Geo. 6. c. 22.] Fire Services (Emergency Provisions) Act, 1941, as extended by any Defence Regulations (whether made before or after the commencement of this Act) to make regulations for the preservation of the pension rights of persons transferred to or joining the National Fire Service and similar matters shall include power—

(a) to apply the provisions of this Act (including those provisions as extended by any Defence Regulation made by virtue of the last foregoing subsection), with or without modification, as if the rights and obligations thereby conferred and imposed had been conferred and imposed before the establishment of the National Fire Service ;

(b) to make provision corresponding to subsection (2) of section ten of the principal Act;

(c) to declare what, during the existence of the National Fire Service, is to be treated for the purposes of the principal Act or this Act as resuming service as a fireman;

(d) to provide that any such regulations, in so far as they are made by virtue of this subsection, shall have effect from such date before the making thereof but after the passing of the said Act of 1941 as may be specified in the regulations.

(4) As soon as may be after the commencement of this Act, every local authority by whom a scheme was submitted to the Secretary of State under subsection (2) of section seven of the principal Act for securing that firemen mentioned in that subsection should as nearly as may be have the same rights and be under the same obligations as are conferred or imposed by sections two to six of the principal Act on a fireman to whom the Fire Brigade Pensions Act, 1925, applies—

(a) shall submit, under paragraph (iii) of the said subsection (2), a further scheme varying the first mentioned scheme in such manner as to secure ; or

(b) in a case where the first mentioned scheme has not been approved before the commencement of this Act, shall re-submit a new scheme for securing;

that the said firemen shall, as nearly as may be, have the same rights and be under the same obligations as are so conferred or imposed by the said sections two to six as amended by this Act and by subsection (2) of section ten of the principal Act as so amended.

(5) Nothing in subsection (2) of section seven of the principal Act or in the last foregoing subsection shall be taken to require a scheme submitted and approved under those subsections, being a scheme for amending a scheme in operation in Scotland by virtue of paragraph (b) of subsection (1) of section twenty-four of the Fire Brigade Pensions Act, 1925, to contain provisions conferring rights or imposing obligations which are inconsistent with the provisions of the scheme so in operation.