The Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015

Insertion of regulations 5A to 5E

4.  After regulation 5, insert—

“Establishment of pension board

5A.— (1) A pension board (“the Scottish Firefighters’ Pension Board”) is established.

(2) The pension board is responsible for assisting the scheme manager in relation to securing compliance with—

(a) these Regulations;

(b) any other legislation relating to the governance and administration of this scheme and any connected scheme; and

(c) requirements imposed by the Pensions Regulator in relation to this scheme and any connected scheme.

(3) The scheme manager is to determine the process by which the pension board discharges its functions.

Membership of pension board

5B.— (1) Subject to paragraph (2), the scheme manager may determine—

(a) the membership of the pension board;

(b) the manner in which the members of the pension board may be appointed and removed; and

(c) the terms of appointment of the members of the pension board.

(2) The pension board is to include equal numbers of members representing the authority and members of the scheme.

Establishment of scheme advisory board

5C.— (1) A scheme advisory board (“the Scottish Firefighters’ Pension Scheme Advisory Board”) is established.

(2) The scheme advisory board is responsible for providing advice to the scheme manager, at the scheme manager’s request, on the desirability of changes to this scheme.

(3) The scheme manager is to determine the process by which the scheme advisory board discharges its functions.

Membership of scheme advisory board

5D.   The scheme manager may determine—

(a) the membership of the scheme advisory board;

(b) the manner in which members of the scheme advisory board may be appointed and removed; and

(c) the terms of appointment of the members of the scheme advisory board.

Conflict of interest

5E.— (1) The scheme manager must be satisfied that—

(a) any person to be appointed as a member of the pension board does not have a conflict of interest within the meaning of section 5(5) of the 2013 Act;

(b) any person to be appointed as a member of the scheme advisory board does not have a conflict of interest within the meaning of section 7(5) of the 2013 Act.

(2) The scheme manager must be satisfied from time to time that none of the members of the pension board or of the scheme advisory board has a conflict of interest.

(3) A person who is to be appointed as a member of a relevant board must provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of paragraph (1).

(4) A person who is a member of a relevant board must provide the scheme manager with such information as the scheme manager reasonably requires for the purposes of paragraph (2).”.