The Firefighters' Pension Scheme (Amendment) (England) Order 2005

This section has no associated Explanatory Memorandum

81.  In Schedule 1 (interpretation), in Part I (glossary of expressions)(1)—

(a)insert, after the entry for the expression “eligible person”—

(i)in the first column “fire and rescue authority”, and

(ii)in the second column, “A fire and rescue authority under the Fire and Rescue Services Act 2004(2)”;

(b)in the entry for the expression “Independent qualified medical practitioner”, for the words in the second column, substitute—

A medical practitioner holding a diploma in occupational medicine or an equivalent or higher qualification issued by a competent authority in an EEA State, or being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine(3) or an equivalent institution of an EEA State; and for the purposes of this definition “a competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(4).;

(c)after the entry for the expression “Normal benefit age”, insert—

(i)in the first column, “Normal pension age”; and

(ii)in the second column, “Construe in accordance with rule A13”;

(d)omit the entry (both columns) for the expression “Rank”;

(e)in the entry for the expression of “Regular firefighter”, in the second column—

(i)after “after 13th September 2004”, insert “and before 1st October 2004”; and

(ii)at the end insert

  • In relation to any time on or after 1st October 2004, the expression means a person who is employed—

    (a)

    by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter, and

    (b)

    on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary.;

(f)after the entry for the expression “Regular firefighter”, insert—

(i)in the first column, “Relevant fire and rescue authority”; and

(ii)in the second column, “Construe in accordance with rule L1(4)”;

(g)omit the entry (both columns) for the expression “Relevant fire authority”;

(h)for the entry for the expression “Retained member of a brigade”, substitute—

(i)in the first column, “ “Retained member” ”; and

(ii)in the second column,

  • A member of the fire and rescue service who is obliged to attend—

    (a)

    at the station to which he is attached for training, development and maintenance duties for an average of 2 hours each week and, promptly, at any time, in response to a call; and

    (b)

    at any incident or other occurrence, or at any other station for standby duties during the employee’s period of availability.;

(i)omit the entry (both columns) for the expression “Retirement date”; and

(j)in the entry for the expression “Volunteer member of a brigade”—

(i)in the first column, for “of a brigade”, substitute “of the fire and rescue service”;

(ii)in the second column—

(aa)for “of a brigade”, in the first place where those words appear, substitute “of the fire and rescue service”; and

(bb)omit “of a brigade” in the second place where those words appear.

(1)

Part 1 of Schedule 1 was amended by S.I. 2001/3691.

(2)

2004 c. 21; see section 1 of the Act.

(3)

The Faculty of Occupational Medicine is a registered charity no. 1035415.