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The Police and Firefighters’ Pensions (Amendment) Regulations 2018

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Statutory Instruments

2018 No. 997

Public Service Pensions

The Police and Firefighters’ Pensions (Amendment) Regulations 2018

Made

10th September 2018

Laid before Parliament

13th September 2018

Coming into force

8th October 2018

The Secretary of State makes the following Regulations in exercise of the powers in section 26(1), (2) and (5) of the Fire Services Act 1947(1); section 34(1) to (4) of the Fire and Rescue Services Act 2004(2) (“the 2004 Act”); section 12 of the Superannuation Act 1972(3), as applied by section 16(3) of that Act; sections 1 and 7 of the Police Pensions Act 1976(4) (“the 1976 Act”); and sections 1(1), (2)(f) and (2)(g), 2 and 3 of, and Schedule 3 to, the Public Service Pensions Act 2013 (“the 2013 Act”)(5).

In accordance with section 1(1) of the 1976 Act(6) and 3(5) of the 2013 Act the Treasury has consented to the making of these Regulations.

In accordance with section 1(1ZA) of the 1976 Act, the Secretary of State has consulted with the Police Advisory Board for England and Wales. The Secretary of State has also invited the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland, in accordance with section 1(1ZB) of that Act(7).

In accordance with section 34(5) of the 2004 Act, the Secretary of State consulted such persons as the Secretary of State considered appropriate.

In accordance with section 21(1) of the 2013 Act the Secretary of State has consulted the representatives of such persons as appeared to the Secretary of State to be likely to be affected by these Regulations.

(1)

1947 c. 41; repealed by sections 52 and 54 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21).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. 2004/2918. The name of the scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. Relevant amendments were made to section 26 of the Fire Services Act 1947 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), sections 100 and 101 of, and Schedule 27 to, the Social Security Act 1973 (c. 38), section 1 of, and Schedule 1 to, the Social Security (Consequential Provisions) Act 1975 (c. 18), section 256 of, and Schedule 25 to, the Civil Partnership Act 2004 (c. 33), article 4 of S.I. 2004/2306 and regulation 2 of S.I. 2018/226. The Secretary of State’s functions under section 26 of the Fire Services Act 1947, in so far as they were exercisable in relation to Scotland, were devolved to Scottish Ministers by section 63 of the Scotland Act 1998 (c. 46) and article 2 of, and Schedule 1 to, S.I. 1999/1750. The Secretary of State’s functions under section 26 so far as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of S.I. 2006/1672 and are now vested in the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

2004 c. 21; the powers conferred by section 34 of the Fire and Rescue Services Act 2004 are now vested in Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by virtue of section 62 of that Act. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers. Powers under section 34 of the Fire and Rescue Services Act 2004 are now vested in Scottish Ministers so far as they are exercisable in relation to Scotland (S.I. 2005/849). Section 34 was amended by paragraph 27 of Schedule 8 to the Public Service Pension Act 2013 (c. 25).

(3)

1972 c. 11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7). Section 16 was repealed by section 54 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 but continues to have effect, in relation to England and Scotland, for the purposes of the scheme set out in S.I. 1992/129 by virtue of article 3(2) of and the Schedule to S.I. 2004/2306; it was amended by article 4 of S.I. 2004/2306.

(4)

1976 c. 35; Relevant amendments were made to sections 1 and 7 by section 2(3) of the Police Negotiating Board Act 1980 (c. 10), section 44 of, and paragraph 19 of Part 2 of Schedule 5 to the Police and Magistrates’ Courts Act 1994 (c. 29), section 103 of, and paragraphs 28 and 29 of Schedule 7 to the Police Act 1996 (c. 16), section 1(1) and (2) of the Police and Firemen’s Pensions Act 1997 (c. 52), section 78(2)(f) of the Police (Northern Ireland) Act 2000 (c. 32), section 126(1) and 102 of, and paragraph 6(1) and (2) of Schedule 4 to the Criminal Justice and Police Act 2001 (c. 16), section 19(1) of, and paragraph 6(1) of Schedule 3 to the International Development Act 2002 (c. 1), paragraph 30 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), sections 1(3) and 52 of, and paragraph 58 of Schedule 1 and Part 1(A) of Schedule 15 to the Police and Justice Act 2006 (c. 48), section 63(1) of and paragraph 11(1) and (2) of Part 2 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), article 6 of, and paragraph 2(1) and (2) of Part 1 of the Schedule to S.I. 2007/1098, article 2(1) and (2) of S.I. 2010/899, paragraphs 128 to 130 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13), article 2(1) and (2) of S.I. 2012/2954, article 13(1) and (2)(a) of S.I. 2012/3006, section 15(3) of, and paragraphs 24 and 25 of Part 1 and paragraph 190 of Part 4 of Schedule 8 to the Crime and Courts Act 2013 (c. 22), section 27 of, and paragraph 12 of Schedule 8 to, the Public Service Pensions Act 2013 (c. 25), articles 25 and 26 of, and paragraph 12(1) and (2) of Part 1 of Schedule 2 to S.I. 2013/602 and sections 133(3)(a) and (b) and 181(1) of, and paragraph 84 of Part 3 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(5)

2013 c. 25; see paragraph 6(a) of Schedule 2 to that Act, which provides that the Secretary of State is the responsible authority in relation to fire and rescue workers in England; and paragraph 7(a) of that Schedule which provides that the Secretary of State is the responsible authority in relation to members of a police force in England and Wales.

(6)

The functions of the Minister for the Civil Service were transferred to the Treasury by the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).

(7)

Subsections (1ZA) and (1ZB) were inserted into section 1 of the 1976 Act by section 133(3)(b) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

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