http://www.legislation.gov.uk/ukpga/2004/21/section/34/2017-01-31Fire and Rescue Services Act 2004An Act to make provision about fire and rescue authorities and their functions; to make provision about employment by, and powers of employees of, fire and rescue authorities; to make provision about education and training and pension schemes; to make provision about the supply of water; to make provision about false alarms of fire; to provide for the funding of advisory bodies; and for connected purposes.texttext/xmlenStatute Law Database2026-07-09Expert Participation2017-01-31 Part 4Employment<Emphasis>Pensions <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation></Emphasis>Pensions etc341The Secretary of State may by order bring into operation one or more schemes making provision for the payment of pensions, allowances and gratuities to or in respect of—apersons who are or have been employed by a fire and rescue authority or by a Scottish fire authority;bpersons who die or have died while so employed.1ASubsection (1) is subject to sections 18 and 19 of the Public Service Pensions Act 2013 (restrictions on benefits provided under existing schemes).2A scheme brought into operation under this section may in particular—aprovide for the classes of person in respect of whose service awards may be made;bprovide for treating employment that is not employment by a fire and rescue authority or by a Scottish fire authority as if it were such employment for any purpose of the scheme, to the extent specified in the scheme and subject to any conditions specified in the scheme;cprovide for the making of contributions by employers and by persons in respect of whose service awards may be made;dprovide for the repayment of any such contributions or their application for the benefit of persons of a specified description;eprovide for the making of payments by the Secretary of State, fire and rescue authorities and Scottish fire authorities into a fund to which contributions have been made under the scheme;fprovide for the making of payments to the Secretary of State out of a fund to which contributions have been made under the scheme;gprovide for substituting the Secretary of State for a fire and rescue authority or a Scottish fire authority, for any purpose of the scheme;hprovide for the making to a fire and rescue authority, a Scottish fire authority or the Secretary of State of payments in respect of a person’s previous service, including provision for such payments to be made by the Secretary of State;iprovide for any such payments to be reimbursed out of a fund to which contributions have been made in respect of the previous service to which the payments related;jprovide for the payment and receipt by fire and rescue authorities or Scottish fire authorities of transfer values or of other lump sum payments made for the purpose of creating or restoring rights to pensions, allowances and gratuities;kprovide for conditions subject to which an award under the scheme may be made, for the manner in which questions arising under the scheme are to be determined and for appeals from determinations of such questions;lprovide for excluding or modifying rights to compensation or damages in respect of injuries, in cases where awards are made under the scheme in respect of the injuries;mmake incidental, supplemental, consequential and transitional provision.3An order under this section may take effect from a date which is earlier than that on which the order is made.4An order under this section may vary or revoke a scheme brought into operation by an order under this section.5Before making, varying or revoking an order under this section the Secretary of State must consult any persons he considers appropriate.6A person commits an offence if he does an act or makes an omission as a result of which he is injured or becomes ill, for the purpose of obtaining, for himself or another person—aan award under a scheme brought into operation under this section, orba sum in respect of the repayment or application of contributions made under such a scheme.7A person guilty of an offence under subsection (6) is liable—aon summary conviction—iin England and Wales, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum;iiin Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum;bon conviction on indictment, to imprisonment for a term not exceeding 2 years.8A scheme brought into operation under this section may authorise the forfeiture of the whole or part of an award or sum obtained by a person who has been convicted of an offence under subsection (6).9In relation to an offence under subsection (6) committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (7)(a) to 12 months is to be read as a reference to 3 months.10In this section “Scottish fire authority”—ameans the Scottish Fire and Rescue Service, andb except in subsections (2)(e) and (h), includes a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5) (despite the repeal of that section by the Police and Fire Reform (Scotland) Act 2012 (asp 8) ). 11References in subsection (1) to persons who are or have been employed by a fire and rescue authority include persons who are or have been employed by the chief constable of the police force for a police area having been—atransferred to the chief constable under a scheme made under section 4I(1), orbappointed by the chief constable under section 4I(4).ctransferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, ordappointed by the chief constable under section 107EC(2) of that Act.12References in the other provisions of this section to a fire and rescue authority include a chief constable of the police force for a police area who employs persons of the kind mentioned in subsection (11).S. 34 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)S. 34 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2S. 34(1)-(5) transfer of functions (23.3.2005) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6)S. 34(8) transfer of functions (23.3.2005) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6)S. 34(10) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 7(2); Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 66(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)S. 34(1A) inserted (1.4.2014) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 8 para. 27 (with Sch. 11 para. 8); S.I. 2014/839, art. 4(2)(l)S. 34(11)(12) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 11; S.I. 2017/399, reg. 2, Sch. para. 38Word in s. 34(11)(a) omitted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 8(8)(a), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)S. 34(11)(c)(d) inserted (31.1.2017 for specified purposes, 17.7.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 8(8)(b), 183(1)(5)(e); S.I. 2017/726, reg. 2(a)