The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019

Statutory Instruments

2019 No. 378

Public Service Pensions, England And Wales

Police, England And Wales

The Police and Firefighters’ (Pensions etc.) (Amendment) (England and Wales) Regulations 2019

Made

25th February 2019

Laid before Parliament

28th February 2019

Coming into force

1st April 2019

The Secretary of State makes the following Regulations in exercise of the powers in sections 1 and 3 of the Police Pensions Act 1976(1) (“the 1976 Act”), section 60 of the Police Act 1996(2) (“the 1996 Act”), and section 3 of, and paragraph 9 of Schedule 3 to, the Public Service Pensions Act 2013(3) (“the 2013 Act”).

In accordance with section 1(1) and (1ZB) of the 1976 Act, before making regulations 1 to 10, the Secretary of State consulted the Police Advisory Board for England and Wales and invited the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.

In accordance with section 60(4) of the 1996 Act, before making regulations 1 and 11, the Secretary of State has consulted the national board of the Police Federation for England and Wales.

In accordance with section 22(2)(a) of the 2013 Act, before making regulations 1 and 10, the Secretary of State consulted representatives of such persons as appeared to the Secretary of State to be likely to be affected by those regulations, with a view to reaching agreement.

In accordance with section 22(2)(b) of the 2013 Act, the Secretary of State has laid a report before Parliament.

In accordance with section 1(1) of the 1976 Act and section 3(5) of the 2013 Act, regulations 1 to 10 are made with the consent of the Treasury(4).

The Secretary of State also makes these Regulations in exercise of the powers in section 26(1), (2) and (5) of the Fire Services Act 1947(5), section 12 of the Superannuation Act 1972(6), as applied by section 16(3) of that Act, and sections 34 and 60 of the Fire and Rescue Services Act 2004(7).

Before making these Regulations and in accordance with section 34(5) of the Fire and Rescue Services Act 2004, the Secretary of State consulted such persons as the Secretary of State considered appropriate.

(1)

1976 c. 35; section 1 was amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10), section 103 of, and paragraph 28 of Schedule 7 to, the Police Act 1996 (c. 16), section 1(1) of the Police and Firemen’s Pensions Act 1997 (c. 52), section 99 of, and paragraphs 128 and 129 of Part 3 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), section 27 of, and paragraph 12 of Schedule 8 to, the Public Service Pensions Act 2013 (c. 25) and section 133(3) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

(2)

1996 c. 16; section 60(4) was amended by regulation 23 of, and paragraph 1 of Schedule 1 to, S.I. 2017/1140; there are other amendments to section 60 not relevant to this instrument.

(3)

2013 c. 25.

(4)

S.I. 1981/1670 transferred the function of giving consent to regulations made under section 1 of the Police Pensions Act 1976 from the Minister for the Civil Service to the Treasury.

(5)

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 which also changed the name of the scheme to the Firefighters’ Pension Scheme. Section 26 of the Fire Services Act 1947 was amended by section 1(3) 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 16 and 29 of, and Schedule 8 to, the Superannuation Act 1972 (c. 11), sections 100 and 101 of, and paragraph 6 of Schedule 27 to, the Social Security Act 1973 (c. 38), section 1 of, and Part 1 of Schedule 1 to, the Social Security (Consequential Provisions) Act 1975 (c. 18), section 1 of the Police and Firemen’s Pensions Act 1997 (c. 52), and section 256 of, and Schedule 25 to, the Civil Partnership Act 2004 (c. 33); there are other amendments to section 26 not relevant to this instrument.

(6)

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 52 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 Firefighters’ Pension Scheme by virtue of S.I. 2004/2306.

(7)

2004 c. 21; section 34 was amended by section 27 of, and paragraph 27 of Schedule 8 to, the Public Service Pensions Act 2013 (c. 25), sections 6 and 8 of, and paragraphs 1 and 11 of Part 1 of Schedule 1 to, the Policing and Crime Act 2017 (c. 3), S.I. 2013/602 and S.I. 2018/226; section 60 was amended by section 9 of the Localism Act 2011 (c. 20).