The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (Wales) Order 2024

Welsh Statutory Instruments

2024 No. 13 (W. 5)

Fire And Rescue Services, Wales

Public Service Pensions, Wales

The Firefighters’ Pension Schemes and Compensation Scheme (Amendment) (Wales) Order 2024

Made

8 January 2024

Laid before Senedd Cymru

10 January 2024

Coming into force

1 February 2024

The Welsh Ministers make this Order in exercise of the powers conferred by section 26(1), (2) and (5) of the Fire Services Act 1947(1) and sections 34(1), (2) and (4), and 60(2)(a) of the Fire and Rescue Services Act 2004(2), now vested in the Welsh Ministers.

The Welsh Ministers consulted such persons as they considered appropriate before making this Order, in accordance with section 34(5) of the Fire and Rescue Services Act 2004.

(1)

1947 c. 41. The Act was repealed by sections 52 and 54 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 (c. 21). Subsections (1), (2) and (5) of section 26 continue to have effect, in relation to Wales, for the purposes of the pension scheme set out in the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129) (“the 1992 Firefighters’ Pension Scheme”), by virtue of article 3 of S.I. 2004/2918 (W. 257) and the Schedule to it. Section 26 was amended by section 1(3) of the Fire Services Act 1951 (c. 27), section 42 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65), sections 100 and 101 of, and paragraph 6 of Schedule 27 to, the Social Security Act 1973 (c. 38), section 1(2) of, and Schedule 1 to, the Social Security (Consequential Provisions) Act 1975 (c. 18), section 1 of the Police and Firemen’s Pensions Act 1997 (c. 52) and section 256 of, and Schedule 25 to, the Civil Partnership Act 2004 (c. 33); there are other amendments but none is relevant to this Order. In so far as the 1992 Firefighters’ Pension Scheme is continued in force, in relation to Wales, section 26(1) to (5) have effect as if references to the Secretary of State were references to the National Assembly for Wales; see article 2 of S.I. 2006/1672 (W. 160). The functions of the National Assembly for Wales were transferred to the Welsh Ministers so far as exercisable in relation to Wales by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) (“GoWA 2006”).

(2)

2004 c. 21 (“the 2004 Act”). The powers conferred by section 34 were conferred on the National Assembly for Wales, so far as they apply to Wales, by section 62 of the 2004 Act. They were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, GoWA 2006.