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The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

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Statutory Instruments

2018 No. 269

Fire And Rescue Services, England

London Government

The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

Made

27th February 2018

Laid before Parliament

28th February 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 26(1), (2)(ab) and (5) of the Fire Services Act 1947(1), section 34(1), (2)(ab), (2)(m) and (4) of the Fire and Rescue Services Act 2004(2), sections 1(1), 3(1) and (2)(b) and 25(3) and (8) of the Public Services Pensions Act 2013(3) and section 180(1) and (3)(b) of the Policing and Crime Act 2017(4).

In accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

In accordance with section 21 of the Public Service Pensions Act 2013, the Secretary of State has consulted the representatives of such persons as appear to the Secretary of State to be likely to be affected by these Regulations.

In accordance with section 3(5) of the Public Service Pensions Act 2013, these Regulations are made with the consent of the Treasury.

(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1947 c. 41; repealed by sections 52 and 54 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21).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), (2) and (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. Section 26(1) of the Fire Services Act 1947 was amended by section 256 of, and Schedule 25 to, the Civil Partnership Act 2004 (c. 33) and S.I. 2004/2306. Section 26(2)(ab) was inserted by 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 the 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 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales 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 the 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 the Scottish Ministers so far as they are exercisable in relation to Scotland (S.I. 2005/849). Section 34(2)(ab) was inserted by S.I. 2018/226.

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