The Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004

Made9 November 2004

Coming into force11 November 2004

The National Assembly for Wales makes the following order in exercise of the powers conferred on it by sections 36, 60 and 62 of the Fire and Rescue Services Act 20041:

Application, name and commencement1

1

This Order may be cited as the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 and shall come into force on 11 November 2004.

2

This Order applies in relation to Wales.

Interpretation2

In this Order, “the Scheme” means the scheme established under section 26 of the Fire Services Act 19472 and set out in the Firemen’s Pension Scheme Order 19923.

Preservation of existing pension scheme3

1

Notwithstanding the repeal of section 26 of the Fire Services Act 19474, the Scheme shall continue in force.

2

The enactments listed in the Schedule to this Order shall continue to have effect for the purposes of the Scheme as if they had not been amended or repealed, as appropriate, by the Fire and Rescue Services Act 2004.

Change of scheme name4

1

The new name of the Scheme shall be the “Firefighters' Pension (Wales) Scheme”.

2

Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) shall be construed as a reference to the Scheme by its new name.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19985.

D. Elis-ThomasThe Presiding Officer of the National Assembly9 November 2004

SCHEDULE

Article 3(2)

Act	Sections of Act continuing in effect for the purposes of the Scheme
Fire Services Act 1947	Section 26, subsections (1) to (5)6 Section 27A7 Section 35, in so far as it relates to section 26 Section 39(5) Third Schedule
Fire Services Act 19518	Section 1
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19519	Section 46(3)(iii) Section 61(1)(d)
Fire Services Act 195910	Section 8, subsections (1) to (3) Section 9, subsections (1) and (2)Section 10
Pensions (Increase) Act 197111	Paragraphs 16, 16A and 44 of Schedule 212
Superannuation Act 197213	Section 16 Section 24(1)(a)
Police and Firemen’s Pensions Act 199714	Section 1(3)

(This note is not part of the Order)

This Order provides for the Firemen’s Pension Scheme (“the Scheme”), established under section 26 of the Fire Services Act 1947, to continue in force despite the repeal by the Fire and Rescue Services Act 2004 of that section. For the purposes of the Scheme, this Order continues to give effect to certain enactments amended or repealed by the 2004 Act.

This Order also provides for the name of the Scheme to be changed to the “Firefighters' Pension (Wales) Scheme”. Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) will be construed as a reference to the Scheme by its new name.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.