The Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016

Scottish Statutory Instruments

2016 No. 431

Fire Services

Pensions

The Firemen’s Pension Scheme (Amendment and Transitional Provisions) (Scotland) Order 2016

Made

20th December 2016

Laid before the Scottish Parliament

22nd December 2016

Coming into force

6th February 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 26(1) to (5) of the Fire Services Act 1947(1) and section 12 of the Superannuation Act 1972(2) and all other powers enabling them to do so.

(1)

1947 c.41 (“the 1947 Act”); section 26 was repealed by sections 52 and 54 and schedule 2 of the Fire and Rescue Services Act 2004 (c.21). Subsections (1) to (5) of section 26 continue to have effect for the purposes of the Firefighters’ Pension Scheme, in relation to England and Scotland by virtue of S.I. 2004/2306 and in relation to Wales by virtue of S.I. 2004/2917. The name of the scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. Section 26 of the 1947 Act was amended by section 1 of the Fire Services Act 1951 (c.27), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.65), section 33 and schedule 3 of the Theft Act 1968 (c.60), sections 16 and 29 and schedule 8 of the Superannuation Act 1972 (c.11), sections 100 and 101 and schedule 27 of the Social Security Act 1973 (c.38), section 1 and schedule 1 of the Social Security (Consequential Provisions) Act 1975 (c.18), section 32 of the Magistrates’ Courts Act 1980 (c.43), section 1 of the Police and Firemen’s Pensions Act 1997 (c.52), section 256 and schedule 25 of the Civil Partnership Act 2004 (c.33), and S.I. 1976/551. The Secretary of State’s functions under section 26 of the 1947 Act, in so far as they were exercisable in relation to Scotland, were transferred to Scottish Ministers by S.I. 1999/1750 and S.I. 2006/304.

(2)

1972 c.11; section 16 applies section 12 with the necessary modifications to orders under section 26 of the Fire Services Act 1947. Section 16 is repealed by section 52 and schedule 2 of the Fire and Rescue Services Act 2004, but continues to have certain effect by virtue of S.I. 2004/2306.