LegalizeThe Firefighters' Compensation Scheme (Scotland) Order 2006
Made: 8th June 2006
Laid before the Scottish Parliament: 9th June 2006
Coming into force: 1st July 2006
The Scottish Ministers, in exercise of the powers conferred by section 34(1) to (5) and (8) and 60(2) of the Fire and Rescue Services Act 2004[^f00001], after consulting such persons as they considered appropriate in accordance with section 34(5) of that Act, hereby make the following Order:
Citation, commencement, application, extent and interpretation
1
- (1) This Order may be cited as the Firefighters' Compensation Scheme (Scotland) Order 2006 and shall come into force on 1st July 2006; but–
- (a) rule 3 of Part 2 of the Compensation Scheme (compensation for death or permanent incapacity while on duty), and so much of that Scheme as relates to that rule, shall have effect from 1st April 2000; and
- (b) the remainder of the Compensation Scheme shall have effect from 6th April 2006.
- (2) This Order extends to Scotland only.
- (3) In this Order–
- “the Compensation Scheme” means the Firefighters' Compensation Scheme (Scotland), set out in Schedule 1 to this Order; and
- “the Pension Scheme” means the Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992[^f00002].
New compensation scheme for firefighters
2
- (1) Subject to articles 3 and 4, the Compensation Scheme (which makes provision for the payment of pensions, allowances and gratuities to and in respect of persons who die or are permanently disabled as the result of an injury sustained or disease contracted while employed by a fire and rescue authority) shall have effect; and the corresponding provisions of the Pension Scheme shall cease to have effect.
- (2) The corresponding provisions of the Pension Scheme and the provisions of the Compensation Scheme to which they correspond are set out in Schedule 2 to this Order.
General transitional provision
3
- (1) Where–
- (a) a provision of the Compensation Scheme (“the new provision”) re-enacts a provision of the Pension Scheme (“the old provision”) with any modification; and
- (b) a person to whom a protected benefit was being paid or might become payable is placed in a worse position than the person would have been in if the old provision had continued to have effect,
he or she may, by giving written notice to the fire and rescue authority liable or prospectively liable for payment of the benefit, elect that the new provision is to apply in relation to the benefit as if the old provision had been re-enacted without modification.
- (2) Notice under paragraph (1) must be given not later than 30th September 2006.
- (3) For the purposes of paragraph (1), a protected benefit is one paid, or capable of becoming payable, to or in respect of a person who, before 6th April 2006, ceased to be a member of the fire and rescue service or died.
Transitional provision: decisions and determinations made before 1st April 2006
4
- (1) With the exception of rule 3 of Part 2, the Compensation Scheme shall not have effect in relation to a person in respect of whom a determination or decision under the Pension Scheme relevant to whether permanent disablement has been occasioned by a qualifying injury (within the meaning of rule A9 of the Pension Scheme) has been made before 6th April 2006.
- (2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they exist immediately before 6th April 2006, shall continue to have effect in relation to such a person.
SCHEDULE 1 — The Firefighters' Compensation Scheme (Scotland) 2006
SCHEDULE 2 — CORRESPONDING PROVISIONS OF THE PENSION SCHEME AND THE COMPENSATION SCHEME
| (1) | (2) |
|---|---|
| Corresponding provision of Pension Scheme | Provision of Compensation Scheme |
| Rule A9 (qualifying injury) | In Part 1, rule 7 |
| Rule A10 (disablement) | In Part 1, rule 8 |
| Rule A11 (death or infirmity resulting from injury | In Part 1, rule 9 |
| Rule B4 (injury award) | In Part 2, rule 1 |
| Rule C2 (spouse’s special award) | In Part 3, rule 1 |
| Rule C3 (spouse’s augmented award) | In Part 3, rule 2 |
| Rule D2 (child’s special allowance) | In Part 4, rule 1 |
| Rule D3 (child’s special gratuity) | In Part 4, rule 2 |
| Rule E2 (adult dependent relative’s special pension) | In Part 5, rule 1 |
| Rule E8 (increase of pensions and allowances during first 13 weeks) | In Part 5 rule 5 |
| Rule I4 (servicemen who resume service as regular firefighters) | In Part 7, rule 4 |
| Rule J3 (whole-time member of brigade who is not a regular firefighter) | In Part 8, rule 1 |
| Rule J4 (part-time member of brigade) | In Part 8, rule 2 |
| Rule J5 (members of brigade other than regular firefighters – supplementary) | In Part 8, rule 3 |
| Rule K2 (reassessment of injury pension) | In Part 9, rule 2 |
| In Schedule 1, Part I, the entry relating to “qualifying injury” | In Part 1, rule 2(1) |
| In Schedule 2, Part V (injury awards) | Schedule 1 |
| In Schedule 3, Part II (spouse’s special pension) | Schedule 2 |
| In Schedule 4, Part II (child’s special allowance) | Schedule 3 |
| In Schedule 5, Part I (adult dependent relative’s special pension) | Schedule 4 |
| Schedule 10 (servicemen – increased awards) | Schedule 6 |
Signed
GEORGE LYON — Authorised to sign by Scottish Ministers — 8th June 2006
Explanatory note
(This note is not part of the Order)
This Order provides for a new compensation scheme for firefighters in Scotland. The new scheme is set out in Schedule 1 to the Order and, with the exception of provisions relating to rule 3 of Part 2 which have effect from 1st April 2000, the new scheme shall have effect from 6th April 2006. The power to give retrospective effect is conferred by Section 34(3) of the Fire and Rescue Services Act.
Subject to the transitional provisions in articles 3 to 4 of the Order, the new Scheme supersedes the corresponding provisions of the Firefighters' Pension Scheme (set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129) (“the Pension Scheme”). Those corresponding provisions are listed in Schedule 2 to this Order.
The new scheme consists primarily of provisions relating to ill-health and injury awards in respect of firefighters, their spouses, civil partners, children and other dependants, that are similar to those contained in, but to be removed from, the Pension Scheme.
The new scheme also includes (in rule 3 of Part 2) provisions based on those that previously formed part of the conditions of service applicable to firefighters. The provisions relate to the payment of compensation in respect of firefighters who die or sustain seriously disabling injuries while on duty.
Article 3 of the Order enables a person whose position under the new scheme would be less favourable than that under the Pension Scheme to elect to retain benefits under the Pension Scheme. Notice of election has to be given to the fire and rescue authority before 30th September 2006.
Footnotes
[^f00001]: 2004 c. 21. The functions of the Secretary of State in respect of section 34(1) to (5) and (8) and 60(2) as regards Scotland were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 S.I. 2005/849.
[^f00002]: S.I. 1992/129, amended, by S.I. 1997/2309 and 2851, 1998/1010 and 2005/3228 (Schedule 1) and S.S.I. 2001/310, 2004/385, 2005/566 and 2006/342. The Scheme was made under section 26 of the Fire Services Act 1947 (c. 41). That Act was 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 were continued in force, for the purposes of the scheme established under that section as the Firemen’s Pension Scheme, by the Firefighters' Pension Scheme (England and Scotland) Order 2004 (S.I. 2004/2306). The name of the scheme was changed to the Firefighters' Pension Scheme, by article 4(1) of that Order. The functions of the Secretary of State as regards to Scotland were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 article 2 and Schedule 1 (S.I. 1999/1750) and the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006, article 2 and the Schedule.
[^f00003]: 2004 c. 21.
[^f00004]: See rule G1.
[^f00005]: 2005 asp 5; see section 1 of the Act.
[^f00006]: The Faculty of Occupational Medicine is a registered charity no. 1035415.
[^f00007]: S.I. 2003/1250, as amended by S.I. 2005/2120.
[^f00008]: Set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 (S.I. 1992/129).
[^f00009]: See, as to “pensionable pay”, rule G1 and, as to “pensionable service”, rule F1.
[^f00010]: 1995 c. 26.
[^f00011]: 1975 c. 44.
[^f00012]: 1959 c. 44.
[^f00013]: 1971 c. 56.
[^f00014]: 2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.
[^f00015]: 2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.
[^f00016]: 1951 c. 65.
[^f00017]: 1975 c. 14.
[^f00018]: Rule K1A is inserted by S.S.I. 2006/342, Schedule 1, paragraph 46.
[^f00019]: Rule B5 was amended by S.S.I. 2005/566, paragraph 15 to Schedule.
[^f00020]: 1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6.
[^f00021]: Rule B9 was amended by S.S.I. 2005/566, paragraph 19 to Schedule and S.I. 2005/3228, Schedule 1, paragraph 2.
[^f00022]: Rule J1 was amended by S.S.I. 2005/566, paragraph 64 to Schedule and S.I. 2005/3228, Schedule 1, paragraph 20.
[^f00023]: Rule L4B was inserted by S.S.I. 2005/566, paragraph 77 to Schedule and amended by S.I. 2005/3228, Schedule 1, paragraph 26.
[^f00024]: 1975 c. 14, amended, as respects the provisions mentioned in this paragraph by the Social Security Pensions Act 1975 (c. 60), section 18(1) and Schedule 4, Part I; by the Child Benefit Act 1975 (c. 61), Schedules 4 and 5; by the Social Security (Miscellaneous Provisions) Act 1977 (c. 5), sections 5 and 22 and Schedule 2; by the Social Security Act 1979 (c. 18), Schedules 1 and 3; by the Social Security Act 1980 (c. 30), Schedules 1 and 5; by the Social Security (No. 2) Act 1980 (c. 39), section 3; by the Social Security and Housing Benefits Act 1982 (c. 24), section 39, Schedule 2, Schedule 4 Part I and Schedule 5; and by the Social Security Act 1986 (c. 50), Schedule 3.
[^f00025]: 1971 c. 56.
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