The Firemen’s Pensions (Provision of Information) Regulations 1997

Made: 25th July 1997

Laid before Parliament: 1st August 1997

Coming into force: 1st September 1997

In exercise of the powers conferred upon him by section 27A of the Fire Services Act 1947[^f00001], the Secretary of State hereby makes the following Regulations:

1

• (1) These Regulations may cited as the Firemen’s Pensions (Provision of Information) Regulations 1997 and shall come into force on 1st September 1997.

• (2) References in these Regulations to section 27A are to that section of the Fire Services Act 1947.

2

• (1) Paragraphs (2) and (3) set out the circumstances prescribed for the purposes of section 27A(1) in which information may be provided by a fire authority in connection with the questions specified in section 27A(2).

• (2) Those circumstances are where a written request for, or a written consent to, the provision of the information has been given by, or on behalf of, the individual to whom the information relates.

• (3) Where the individual to whom the information relates has died, those circumstances are where a written request for, or a written consent to, the provision of the information has been given by his personal representatives.

3

• (1) Paragraph (2) sets out the persons prescribed for the purposes of section 27A(1)(a) (as persons to whom information may be supplied).

• (2) Those persons are—

• (a) a person who is or has been an authorised person within the meaning of the Financial Services Act 1986[^f00002] (“an authorised person”);

• (b) an appointed representative within the meaning of section 44 of the Financial Services Act 1986 (“an appointed representative”);

• (c) a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;

• (d) a recognised professional body within the meaning of the Financial Services Act 1986;

• (e) the Securities and Investments Board[^f00003];

• (f) the Investors Compensation Scheme Limited[^f00004];

• (g) a professional indemnity insurer of an authorised person or an appointed representative;

• (h) The Chartered Accountants Compensation Scheme Limited;

• (i) The Solicitors Indemnity Fund Limited;

• (j) a person or body arbitrating or adjudicating in, or investigating or considering, a complaint or dispute made or referred to them by such an individual as is mentioned in section 27A(2) and which involves that individual and an authorised person or an appointed representative; and

• (k) a person or body appointed to act on behalf of any of the above.

4

The persons prescribed for the purposes of section 27A(3) (as persons who may be required by a fire authority to pay a reasonable fee in respect of the expenses referred to in that provision) are those listed in sub-paragraphs (a) to (d) and (f) to (i) of regulation 3(2) and any person or body appointed to act on behalf of any of those persons.

Signed

George Howarth — Parliamentary Under-Secretary of State — 25th July 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations (which do not extend to Northern Ireland) supplement section 27A of the Fire Services Act 1947, as inserted by section 3 of the Police and Firemen’s Pensions Act 1997. The section provides for the provision of information about whether an individual who has opted or transferred out of the firemen’s pension scheme has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

Regulation 2 prescribes the circumstances when the fire authority may provide such information under section 27A(1). Regulation 3 prescribes the persons to whom such information may be provided (and who may be required to pay a fee in respect of expenses incurred in providing it). Regulation 4 prescribes the persons who may be required to pay a fee in respect of expenses in connection with an entitlement or payment referred to in section 27A(3).

An assessment of the compliance costs for business of the effect of these Regulations has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Home Office, Fire Services Unit, Room 631, Horseferry House, Dean Ryle Street, London SW1P 2AW.

Footnotes

[^f00001]: 1947 c. 41; section 27A was inserted by section 3 of the Police and Firemen’s Pensions Act 1997 (c. 52).

[^f00002]: 1986 c. 60.

[^f00003]: The Securities and Investments Board is a designated agency within the meaning of section 114 of the Financial Services Act 1986.

[^f00004]: The Investors Compensation Scheme Limited was established under section 54 of the Financial Services Act 1986.