The Firefighters' Pension (Wales) Scheme (Amendment) Order 2009

Welsh Statutory Instruments

2009 No. 1226 (W.109)

FIRE AND RESCUE SERVICES, WALES

PENSIONS, WALES

The Firefighters' Pension (Wales) Scheme (Amendment) Order 2009

Made

13 May 2009

Laid before the National Assembly for Wales

15 May 2009

Coming into force in accordance with article 1(2)

The Welsh Ministers in exercise of the powers conferred upon the Secretary of State in section 26(1) to (5) of the Fire Services Act 1947(1) and section 12 of the Superannuation Act 1972(2), as applied by section 16(3) of that Ac(3)), and now vested in them(4), make the following Order:

(1)

1947 c. 41, repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1) to (5) of section 26 continue in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme and set out in the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129), by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918 (W.257)). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme by article 4(1) of that Order. The Scheme was further amended by the Firefighters' Pension (Wales) Scheme (Amendment) Order 2006 (S.I. 2006/1672 (W.160)) and the Firefighters' Pension Scheme (Wales) (Amendment) Order 2007 (S.I. 2007/1074 (W.112)). Section 26 of the 1947 Act was amended by section 1 of the Fire Services Act 1951 (c. 27), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), section 33 of, and Schedule 3 to, the Theft Act 1968 (c. 60), sections 16 and 29 of, and Schedule 8 to, the Superannuation Act 1972 (c. 11), section 100 of, and Schedule 27 to, the Social Security Act 1973 (c. 38), section 1 of, and Schedule 1 to, the Social Security (Consequential Provisions) Act 1975 (c. 18), section 32 of the Magistrates' Courts Act 1980 (c. 43), section 1 of the Police and Firemen’s Pensions Act 1997 (c. 52) and Schedule 25 to the Civil Partnership Act 2004 (c. 33), and article 2 of the Social Security (Modification of Fire Services Act 1947) Order 1976 (S.I. 1976/551).

(2)

1972 c. 11; section 12 was amended by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

(3)

Section 16 continues in force, for the purposes of the Firemen’s Pension Scheme (renamed the Firefighters' Pension (Wales) Scheme by the Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918 (W.257))).

(4)

The Fire Services Act 1947 (the “1947 Act”) was repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21) (the “2004 Act”). The Secretary of State’s functions under subsections (1) to (5) of section 26 of the 1947 Act were continued in force for the purposes of the scheme established under that section as the Firemen’s Pension Scheme and set out in the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129), by section 36 of the 2004 Act and S.I. 2004/2918 (W.257) made thereunder. The powers of the Secretary of State under section 36 of the 2004 Act were exercisable by the National Assembly for Wales by virtue of section 62 of the 2004 Act. The functions of the National Assembly for Wales were transferred to the Welsh Ministers under section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.