12Fire service pensions.N.I.
(1)Where a pension payable under the Firemen's Pension Scheme or under a scheme made under[F1 paragraph 6(2) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006 or payable by virtue of Article 60 of that Order] under a scheme made under section 13 of the Fire Services (Amendment) Act (Northern Ireland) 1950 [1950 c.4] is or has been granted at the higher of a flat rate and a rate fixed by reference to emoluments, the grant shall have effect, in relation to any period beginning on or after 1st September 1971, as a grant at whichever rate is for the time being the higher after account is taken of the operation of this Act.
(2)Where it appears to the Ministry of Home AffairsF2 expedient to postpone the operation of this Act with respect to any pensions specified in paragraph 16 of Schedule 2 pending the making with respect to them of provision under section 5(3) or the making with respect to them under [F3the Fire and Rescue Services (Northern Ireland) Order 2006] of any provision which may be necessary or expedient in connection with the passing of this Act (or pending the consideration of the question of making such provision), that Ministry may by order subject to negative resolution provide that, so long as the order remains in force, the provisions of this Act other than this section shall not affect those pensions.
(3)The order to be made under section 6 may omit any special provision which, apart from this subsection, would be required for any pensions specified in paragraph 16 of Schedule 2 if it appears to the Ministry that the provision is more appropriately or conveniently made by regulations under section 5(3).
(4)In this section “the Firemen's Pension Scheme” means any scheme in force under[F4 paragraph 6(2) of Schedule 1 to the Fire and Rescue Services (Northern Ireland) Order 2006] and any order or scheme made under section 10 of the Fire Services (Amendment) Act (Northern Ireland) 1950 under which a pension is payable by virtue of[F5 Article 60 of the said Order of 2006].
F1Words in s. 12(1) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 7(a); S.R.2006/257, art 2(d)
F2SRO (NI) 1973/504
F3Words in s. 12(2) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 7(b); S.R.2006/257, art 2(d)
F4Words in s. 12(4) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 7(c)(i); S.R.2006/257, art 2(d)
F5Words in s. 12(4) substituted (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 63(1), Sch. 3 para. 7(c)(ii); S.R.2006/257, art 2(d)