The Firefighters' Pension Scheme (Scotland) Order 2007

Citation, commencement, effect and extent

1.—(1) This Order may be cited as the Firefighters' Pension Scheme (Scotland) Order 2007 and shall come into force on 1st April 2007, but shall have effect from 6th April 2006.

(2) This Order extends to Scotland only.

New pension scheme for firefighters in Scotland

2.  The New Firefighters' Pension Scheme (Scotland), set out in Schedule 1 to this Order, which makes provision for the payment of pensions and lump sums to and in respect of persons who are or have been employed by Scottish fire authorities as firefighters (including persons who die while so employed), shall have effect.

1992 Scheme ceasing to have effect in Scotland, with transitional and savings provision

3.—(1) Subject to paragraphs (2) and (3), the Firefighters' Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992(1) (“the 1992 Scheme”) shall not have effect in relation to a person who takes up employment with a Scottish fire authority on or after 6th April 2006.

(2) Paragraph (1) shall not apply to a person who–

(a) transfers to the employment of a Scottish fire authority from employment with a fire and rescue authority in England or Wales or with the Northern Ireland Fire and Rescue Service Board; and

(b) immediately before 6th April 2006, was a member of the firefighters' pension scheme established by the authority from whose employment the person transfers.

(3) Where at any time in the period beginning on 6th April 2006 and ending on the date on which this Order comes into force, a person becomes a member of the 1992 Scheme on taking up employment with a Scottish fire authority–

(a) on the date on which this Order comes into force–

(i) the 1992 Scheme shall cease to have effect in relation to the person, subject to the provisions set out in Schedule 2 to this Order (transitional arrangements); and

(ii) the provisions of the New Firefighters' Pension Scheme (Scotland) shall have effect in relation to the person; and

(b) pensionable service that was reckonable service for the purposes of the 1992 Scheme shall be treated as pensionable service reckonable under the New Firefighters' Pension Scheme (Scotland).

(4) The 1992 Scheme shall continue to have effect in relation to a person who, immediately before 6th April 2006, was a member of it or was entitled to, or in receipt of, an award under it.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th March 2007