The London Authorities (Staff) Order 1965

21.—(1) Subject to paragraph (2), on 1st April 1965 the members of the fire brigades of the counties of London and Middlesex and the county boroughs of Croydon, East Ham and West Ham below the rank of assistant chief officer and such members of the fire brigades of the counties of Essex, Hertfordshire, Kent and Surrey below that rank as before that date shall have been determined by agreement between the Greater London Council and the county council concerned or in default of agreement by the Secretary of State shall be transferred to, and become members of, the fire brigade for Greater London.

(2) Such members of the fire brigade of the county of Middlesex below the rank of assistant chief officer as shall have been determined by agreement between the Greater London Council and the county councils of Hertfordshire and Surrey or in default of agreement by the Secretary of State shall be transferred to, and become members of, the fire brigade of the county of Hertfordshire or the county of Surrey.

(3) Where a report, complaint or other allegation is received before 1st April 1965 form which it appears that a person transferred by paragraph (1) from the fire brigade of the county of London or Middlesex or the county borough of Croydon, East Ham or West Ham may have committed an offence against discipline, within the meaning of any regulations in force under the Fire Services Act 1947any disciplinary proceedings, including any appeal, arising there from under any such regulations may be continued as if the alleged offence had been committed while he is a member of the fire brigade for Greater London and, accordingly, the said regulations shall have effect subject to any necessary modifications.

(4) Where a report, complaint or other allegation is received before 1st April 1965 from which it appears that a person to be transferred by paragraph (1) from the fire brigade of the county of Essex, Hertfordshire, Kent or Surrey may have committed an offence against discipline, within the meaning of any regulations in force under the Fire Services Act 1947, the chief officer of the brigade concerned may postpone the transfer of the person in question for purpose of facilitating the investigation of the matter and any discipline proceedings, including any appeal, arising therefrom under any such regulations; and paragraph (1) shall apply in the case of a person whose transfer is so postponed as if for any reference therein to 1st April 1965 there we substituted a reference to such date as may be determined by the chief office of the fire brigade concerned after consultation with the chief officer of the brigade for Greater London.

(5) (a) Where a report, complaint or other allegation is received before 1st April 1965 from which it appears that a person to be transferred by paragraph (2) to the fire brigade of the county of Hertfordshire or Surrey may have committed an offence against discipline, within the meaning of any regulation in force under the Fire Services Act 1947, the chief officer of the fire brigade of the county of Middlesex may postpone the transfer of the person in question for the purpose of facilitating the investigation of the matter and any disciplinary proceedings, including any appeal, arising therefrom under any such regulations; and paragraph (2) shall apply in the case of a person who transfer is so postponed as if for any reference therein to 1st April 1965 the were substituted a reference to such date as may be determined by the chief officer of the fire brigade for Greater London after consultation with the chief officer of the fire brigade of the county of Hertfordshire or Surrey, as the ca may be.

(b) Any person whose transfer is postponed by sub-paragraph (a) of this paragraph shall, on 1st April 1965, be transferred to, and become a member of, the fire brigade for Greater London for the purpose mentioned in that sub-paragraph until the date determined in accordance with the said sub-paragraph, and while he is such a member paragraph (3) shall apply to him as it applies to a person transferred by paragraph (1) from the fire brigade of the county of Middlesex.

(6) All persons who are transferred by paragraph (1), (2) or (5)(b) shall be transferred in the same ranks respectively as they held immediately before being so transferred.

(7) On 1st April 1965 the chief officers of the fire brigades of the counties of London and Middlesex and the county boroughs of Croydon, East Ha and West Ham and the members of those fire brigades holding the rank of assistant chief officer shall be transferred to, and become members of, the fire brigade for Greater London, but any person so transferred shall cease to be a member thereof on 30th June 1965 unless he has then accepted and taken up an appointment therein. While any such person, other than the person appointed to be the chief officer of the fire brigade for Greater London is such a member by virtue only of this paragraph, he shall hold the rank of assistant chief officer but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief officer of on as the case may be an assistant chief officer in the fire brigade from which he was transferred.

(8) Without prejudice to section 27(4) of the Fire Services Act 1947, in relation to a member of the fire brigade for Greater London transferred thereto by paragraph (1), (5)(b) or (7) or of the fire brigade of the county of Hertfordshire or the county of Surrey transferred thereto by paragraph (2) in whose case the Firemen's Pension Scheme had effect immediately before 1st April 1965 subject to the modifications set out in section 27(3) of the said Act of 1947, the fire brigade for Greater London, the fire brigade of the county of Hertfordshire or the fire brigade of the county of Surrey, as the case may be, and the fire brigade from which he was transferred shall be treated as one for the purposes of section 27(2) of that Act.

In this paragraph, the reference to the Firemen's Pension Scheme is a reference to the Scheme for the time being in force under section 26 of the said Act of 1947.

(9) Section 19(3) of the Fire Services Act 1947 (as amended by section 7 of the Fire Services Act 1959 shall have effect as respects 1965 as if it provided that the councils of the counties of Essex, Kent, Hertfordshire and Surrey should notify the Secretary of State not later than the end of January in that year of the establishment scheme to come into force on 1st April 1965.

(10) Nothing in article 13(2) or (4) shall apply to any member of any fire brigade.