The Local Government Area Changes Regulations 1976

Fire services

22.—(1) This regulation shall have effect in relation to any member of a fire brigade transferred by the order, and in this regulation “ the officer” means such a person.

(2) Where a report, complaint or other allegation is received before the appointed day from which it appears that the officer may have committed an offence against discipline, within the meaning of any regulations in force under the Fire Services Act 1947, then—

(a) if the fire brigade from which the officer is transferred is to continue to exist on and after the appointed day, the chief officer of that fire brigade may postpone the transfer of the officer for the purpose of facilitating the investigation of the matter and any disciplinary proceedings, including any appeal, arising therefrom, and the provision of the order transferring him shall apply in the case of the officer as if for any reference therein to the appointed day there were substituted a reference to such day as may be determined by such chief officer after consultation with the chief officer of the fire brigade to which he is transferred;

(b) otherwise, any investigation and any disciplinary proceedings, including any appeal, arising therefrom under any such regulations may be continued as if the alleged offence had been committed while he is a member of the fire brigade to which he is transferred and, accordingly, the said regulations shall have effect subject to any necessary modifications.

(3) The officer shall be transferred in the rank which he held immediately before the appointed day.

(4) Without prejudice to section 27(4) of the Fire Services Act 1947, in relation to an officer in whose case the Firemen's Pension Scheme for the time being in force under section 26 of the said Act had effect immediately before the appointed day subject to the modifications set out in section 27(3) thereof, the fire brigade from which he is transferred and the fire brigade to which he is transferred shall be treated as one for the purposes of section 27(2).

(5) (a) The officer shall, so long as he continues to be a member of the fire brigade to which he is transferred and until he is served with a statement in writing referring to the order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before the appointed day.

(b) Paragraphs (2) to (11) of regulation 71 shall apply to the statement referred to in sub-paragraph (a) above with the substitution for the reference in paragraph (5) to paragraph (1) of a reference to sub-paragraph (a) above.