The Fire Services (Retirement of Senior Officers) Regulations 1973

Application of section 260 of the Act

3.—(1) For the purposes of subsection (1) of section 260 of the Act (which provides that a person who holds a prescribed employment, attains or has attained the age of 50 years on or before 31st March 1974 and fulfills prescribed conditions may by notice given before the prescribed date and in the prescribed manner elect that section 260 shall, and section 259 of the Act shall not, apply to him) employment as a member of a fire brigade shall be a prescribed employment and in relation to a person in such employment the prescribed conditions shall be that—

(a) he is, on 1st January 1974—

(i) the chief officer or deputy chief officer of a fire brigade in England or Wales, or

(ii) an assistant chief officer in such a fire brigade whose annual pensionable pay on the date on which he gives notice under section 260(1) of the Act is not less than two thirds of that of the chief officer of that brigade calculated, however, where either officer is on an incremental scale of pay, by reference to the minimum of his scale;

(b) where he retires before 1st April 1974, he does so with the agreement of the fire authority and, before the date of his retirement, has or will have attained the age of 50 years;

(c) he does not, before the date of his retirement, accept an offer of appointment as chief officer or deputy chief officer of, or as an assistant chief officer in, another fire brigade in England or Wales or as firemaster or deputy firemaster of, or as an assistant firemaster in, a fire brigade in Scotland;

(d) he will not have attained the age of 60 years on or before 31st March 1974, and

(e) where on retirement he is entitled to an award under Article 16 of the Pension Scheme (deferred pension and award where no other award payable), under paragraph (2) thereof he relinquishes his entitlement to a deferred pension or, as the case may be, he repays to the fire authority any award paid to him under paragraph (4) thereof,

and the notice given by such a person under section 260(1) of the Act shall be given in writing to the fire authority before 28th February 1974.

(2) For the purposes of subsection (2) of the said section 260 (which provides that, unless notice of objection has been given in accordance therewith, where a person has elected under subsection (1) section 260 shall, and section 259 of the Act shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age) the prescribed period shall be the period ending on 1st April 1974.