LegalizeThe Firefighters' Compensation Scheme (Wales) Order 2007
Made: 28 March 2007
Coming into force: 29 March 2007
The National Assembly for Wales in exercise of the powers conferred upon it by sections 34, 60 and 62 of the Fire and Rescue Services Act 2004[^f00001] and having consulted such persons as it considers appropriate in accordance with section 34(5) of that Act hereby makes the following Order:
Title, commencement, application and interpretation
1
- (1) The title of this Order is the Firefighters' Compensation Scheme (Wales) Order 2007 and it comes into force on 29 March 2007; 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, has effect from 1 April 2000; and
- (b) the remainder of the Compensation Scheme has effect from 1 April 2006.
- (2) This Order applies in relation to Wales.
- (3) In this Order—
- “the Compensation Scheme” means the Firefighters' Compensation Scheme (Wales) 2007, 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) has effect; and the corresponding provisions of the Pension Scheme cease to have effect.
- (2) 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 older 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 he would have been in if the old provision had continued to have effect,
he 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 it had re-enacted the old provision without modification.
- (2) Notice under paragraph (1) must be given not later than 28 June 2007.
- (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 1 April 2006, ceased to be a member of the fire and rescue service, or died.
Transitional provision: decisions and determinations made before 1 April 2006
4
- (1) With the exception of rule 3 of Part 2, the Compensation Scheme does 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 1 April 2006.
- (2) In a case to which paragraph (1) applies, the provisions of the Pension Scheme, in the form in which they existed immediately before 1 April 2006, continue to have effect in relation to such a person.
SCHEDULE 1 — The Firefighters' Compensation Scheme (Wales) 2007
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 fromInjury | 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 |
| RuleD3 (child’s special gratuity) | In Part 4, rule 2 |
| Rule E2 (adult dependent relative’s specialpension) | 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 |
| Rules L4A and L4B (prevention of duplication) | In Part 10, rules 4 and 5 |
| 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 specialallowance) | Schedule 3 |
| In Schedule 5, Part I ((adult dependentrelative’s special pension) | Schedule 4 |
| Schedule 10 (servicemen — increased awards) | Schedule 6 |
Signed
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003]
D. Elis-Thomas — The Presiding Officer of the National Assembly — 28 March 2007
Explanatory note
(This note is not part of the Order)
This Order provides for a new compensation scheme for firefighters in Wales. The new scheme is set out in Schedule 1 to the Order and, subject to provisions relating to rule 3 of Part 2, which have effect from 1 April 2000, has effect from 1 April 2006.
The power to provide for an order to have effect from a date that is earlier than that on which it is made is conferred by section 34(3) and 62 of the Fire and Rescue Services Act 2004.
Subject to the transitional provisions in articles 3 and 4 of the Order, the new Scheme supersedes 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. This Order also contains provisions which take into account the introduction of a new pension scheme for firefighters employed by fire and rescue authorities in Wales (the New Firefighters' Pension Scheme (Wales) set out in Schedule 1 to S.I. 2007/xxxx). This means that the Compensation Scheme applies to members of both pension schemes.
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.
The broad effect of rule 3 of Part 2 is that, where the firefighter dies while on duty, compensation of a lump sum is payable to his or her dependants. The lump sum is equivalent to the amount that a person employed in the role of firefighter by the same fire and rescue authority would receive as five years' pensionable pay after four years' service, at the rate applying at the date of the incident. If there are no dependants, a flat-rate payment of £950 is made to the deceased’s estate. Those amounts are subject to abatement depending on the amount of any damages or compensation received by the firefighter or his or her dependants, and any gratuities paid.
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 that Scheme. Notice of election has to be given to the fire and rescue authority before 28 June 2007.
A regulatory appraisal has been carried out in connection with this Order and is available from the Fire and Rescue Branch, Community Safety Division, National Assembly for Wales, Rhydycar, Merthyr Tydfil, CF48 1UZ (telephone 01685 729000).
Footnotes
[^f00001]: 2004 c. 21.
[^f00002]: S.I. 1992/129. 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 Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.
[^f00003]: 1998 c. 38.
[^f00004]: 2004 c. 21.
[^f00005]: S.I. 1992/129, amended, as to Wales, by S.I. 1997/2309 and 2851, 1998/1010, 2005/1672, 2005/2929 and 2006/1672 by S.I. 2001/3649, 2004/1912. There are other amendments not relevant to this Order. 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 Fire and Rescue Services Act 2004 (Firefighters' Pension Scheme) (Wales) Order 2004 (S.I. 2004/2918). The name of the scheme was changed to the Firefighters' Pension (Wales) Scheme, by article 4(1) of that Order.
[^f00006]: S.I. 2007/1072 (W.110).
[^f00007]: See rule G1.
[^f00008]: 2004 c. 21; see section 1 of the Act.
[^f00009]: The Faculty of Occupational Medicine is a registered charity no. 1035415.
[^f00010]: S.I. 2003/1250; the definition of “competent authority” is in Schedule 1.
[^f00011]: 1995 c. 26.
[^f00012]: 1975 c. 44.
[^f00013]: 1959 c. 44. Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00014]: 1971 c. 56.
[^f00015]: 2004 c. 12. As to “the lump sum rule”, see section 166 of that Act.
[^f00016]: Set out in Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 (S.I. 2007/1072 (W.110)).
[^f00017]: 2004 c. 12. As to “lump sum death benefit rule”, see section 168 and Part 2 of Schedule 29 to, that Act.
[^f00018]: 1951 c. 65.
[^f00019]: 1951 c. 65.
[^f00020]: 1975 c. 14.
[^f00021]: Rules B7, B9 and B10 are amended by S.I. 2007/1074 (W.112).
[^f00022]: Rule B5 was amended by S.I. 2006/1672, Sch. 1 para 15.
[^f00023]: 1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6.
[^f00024]: Rule B9 of the 1992 Scheme was amended by S.I. 2006/1672 Sch. 1 para 19 and Sch. 2 para 2(b)(i)
[^f00025]: Rule IA1 was inserted by S.I. 2001/3691.
[^f00026]: Rule JI was amended by S.I. 2006/1672, Sch. 1 para 66 and Sch. 2 para 21.
[^f00027]: 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.
[^f00028]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00029]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00030]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00031]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00032]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00033]: Repealed but reference included due to interrelation between this Scheme and the 1992 Scheme.
[^f00034]: 1971 c. 56.
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