The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

• Citation: S.I. 2018/269
• Sections: 23

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018.

(2) Subject to paragraph (3), these regulations come into force on 1st April 2018.

(3) Regulation 2 and paragraphs 3, 4, 10, 11 and 16 of the Schedule come into force on 22nd March 2018.

(4) These Regulations apply in relation to England only.

Section 2 Amendments relating to the London Fire Commissioner

The Schedule has effect.

Section 3 Amendment of Local Government Officers (Political Restrictions) Regulations 1990

(1) The Local Government Officers (Political Restrictions) Regulations 1990 are amended as follows.

(2) In regulation 3(3) (terms of appointment and conditions of employment) after “Paragraphs” insert “, 1(c)”.

Section 1 Amendment of the Local Authority (Stocks and Bonds) Regulations 1974

(1) The Local Authority (Stocks and Bonds) Regulations 1974 are amended as follows.

(2) In regulation 1(3) (title, commencement and interpretation) in the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 2 Amendment of the Local Government Reorganisation (Preservation of Right to Buy) Order 1986

(1) The Local Government Reorganisation (Preservation of Right to Buy) Order 1986 is amended as follows.

(2) In the definition of “successor authority” in article 2 (interpretation) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 3 Amendment of the Local Government Officers (Political Restrictions) Regulations 1990

(1) The Local Government Officers (Political Restrictions) Regulations 1990 are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “the Act”, insert—

“Deputy Mayor for Fire” means a person appointed under section 67(1)(b) of the Greater London Authority Act 1999 as the Deputy Mayor for Fire, or appointed under that section and designated as the Deputy Mayor for Fire;

(3) In regulation 3 (terms of appointment and conditions of employment) —

(a) in paragraph (1) for “Subject to paragraphs (3) and (4)” substitute “Subject to paragraphs (3), (4) and (5)”, and

(b) after paragraph (4) insert—

(5) Paragraphs 1(c) and 4, 5, 6, 7 and 8 of the Schedule do not apply where the appointee is the Deputy Mayor for Fire.

Section 4 Amendment of the Firemen’s Pension Scheme Order 1992

(1) Schedule 2 to the Firemen’s Pension Scheme Order 1992 is amended as follows.

(2) After rule A3 (exclusive application to regular firefighters) insert—

Extension of scheme

(A3A)

(1) This rule applies where a person holds office as the London Fire Commissioner and the terms and conditions of appointment to that office include—

(a) resolving operational incidents, or

(b) leading and supporting others in the resolution of operational incidents.

(2) Where this rule applies—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme applies in relation to a person holding office as the London Fire Commissioner in the same way as it applies to a regular firefighter.

Section 5 Amendment of the Pipelines Safety Regulations 1996

(1) The Pipelines Safety Regulations 1996 are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “local authority” in paragraph (a) for “London Fire and Civil Defence Authority” substitute “London Fire Commissioner”.

Section 6 Amendment of the Radiation (Emergency Preparedness and Public Information) Regulations 2001

(1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 are amended as follows.

(2) In regulation 2(1) (interpretation) in the definition of “local authority” in paragraphs (a)(i) and (b)(i) for “London Fire and Emergency Planning Authority” substitute “London Fire Commissioner”.

Section 7 Amendment of the Local Authorities (Members’ Allowances) (England) Regulations 2003

(1) The Local Authorities (Members’ Allowances) (England) Regulations 2003 are amended as follows.

(2) In regulation 3(1) (application of these Regulations) omit sub-paragraph (g).

(3) In regulation 34(4) (disapplication) omit sub-paragraph (g).

Section 8 Amendment of the Greater London Authority Elections (Election Addresses) Order 2003

(1) The Greater London Authority Elections (Election Addresses) Order 2003 is amended as follows.

(2) In article 9(3)(d)(i) (distribution of election booklets) for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 9 Amendment of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

(1) The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 are amended as follows.

(2) In regulation 55 —

(a) for the heading substitute “Role of the London Fire Commissioner”;

(b) in paragraph (1) for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

(3) In regulation 56 (Role of other Category 1 responders in London)—

(a) for “the London Fire and Emergency Planning Authority” in both places where it occurs substitute “the London Fire Commissioner”;

(b) for “by that Authority of its functions” substitute “by the Commissioner of the Commissioner’s functions”.

Section 10 Amendment of the Firefighters’ Compensation Scheme (England) Order 2006

(1) Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006 is amended as follows.

(2) In Part 1 (general provisions), rule 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “normal pension age” substitute—

“normal pension age” in relation to—

(a) employees of a fire and rescue authority appointed on terms under which they are or may be required to engage in firefighting; and

(b) a person who holds office as the London Fire Commissioner where the terms and conditions of appointment to that office include—

(i) resolving operational incidents, or

(ii) leading and supporting others in the resolution of operational incidents,

means—

(a) 55 in relation to the 1992 Scheme; and

(b) 60 in relation to the 2006 Scheme and the 2015 Scheme;

(ii) for the definition of “regular firefighter” substitute—

“regular firefighter” means—

(a) a person who is employed—

(i) by a fire and rescue authority as a firefighter (whether whole-time or part-time), other than as a retained or volunteer firefighter; and

(ii) on terms under which he is, or may be, required to engage in fire-fighting or, without a break in continuity of such employment, may be required to perform other duties appropriate to his role as a firefighter (whether instead of, or in addition to, engaging in fire-fighting) and whose employment is not temporary;

(b) a person who holds office as the London Fire Commissioner where the terms and conditions of appointment to that office include—

(i) resolving operational incidents, or

(ii) leading and supporting others in the resolution of operational incidents;

(b) after paragraph (2) insert—

(3) Where a person who holds office as the London Fire Commissioner is a regular firefighter—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme applies in relation to that person in the same way as it applies to a regular firefighter who is employed by a fire and rescue authority.

(3) In Part 3 (awards on death: spouses and civil partners) , in rule 2(5) (augmented award for spouse or civil partner), for “London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 11 Amendment of the Firefighters’ Pension Scheme (England) Order 2006

(1) Part 2 of Schedule 1 to the Firefighters Pension Scheme (England) Order 2006 is amended as follows.

(2) After rule 1(1) (scheme membership) insert—

(1A) Subject to paragraph (2), a person who holds office as the London Fire Commissioner is to be treated as a firefighter member of this Scheme where the terms and conditions of appointment to that office include—

(a) resolving operational incidents, or

(b) leading and supporting others in the resolution of operational incidents.

(1B) Where a person is treated as a firefighter member of this Scheme under paragraph (1A)—

(a) holding office as the London Fire Commissioner shall be treated for the purposes of this Scheme as employment by the London Fire Commissioner; and

(b) this Scheme shall apply in relation to that person in the same way as it applies to a firefighter member with the modification set out in paragraph (1C).

(1C) In relation to a person who falls within paragraph (1A), Part 3 of this Scheme (personal awards) is to be read as if rule 6 (pension on authority-initiated early retirement) were omitted.

(3) In rule 1(2)—

(a) after “firefighter member” the first time it appears insert “, or treated as a firefighter member under paragraph (1A),”;

(b) after “become” insert “such”.

Section 12 Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) 2009

(1) The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2009 is amended as follows.

(2) In article 1(2) (application of order to best value authorities) for sub-paragraph (d) substitute—

(d) the London Fire Commissioner

Section 13 Amendment of the Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012

(1) The Community Right to Challenge (Fire and Rescue Authorities and Rejection of Expressions of Interest) (England) Regulations 2012 are amended as follows.

(2) In regulation 3 (relevant authorities) for sub-paragraph (b) substitute—

(b) the London Fire Commissioner

Section 14 Modification and amendment of the Local Government Pension Scheme Regulations 2013

(1) The Local Government Pension Scheme Regulations 2013 are modified in accordance with sub-paragraph (2) and amended in accordance with sub-paragraph (3).

(2) Regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) is to be read as if after paragraph (8) there were inserted—

(8A) Paragraph (8B) applies where the exiting employer is the London Fire and Emergency Planning Authority and the liabilities of the fund in respect of benefits due to the London Fire and Emergency Planning Authority’s current and former employees (or those of any predecessor authority) have been or are to be transferred to the London Fire Commissioner under a transfer scheme made under section 10 of the Policing and Crime Act 2017.

(8B) Where this paragraph applies, no exit payment is due under paragraph (1) and paragraph (2) does not apply.

(3) In the table in paragraph 4 of Part 2 of the Schedule 3 (pension funds) after “An employee of the Greater London Authority” insert “An employee of the London Fire Commissioner”.

Section 15 Amendment of the Openness of Local Government Bodies Regulations 2014

(1) The Openness of Local Government Bodies Regulations 2014 are amended as follows.

(2) In regulation 6 (interpretation of Part 3), in paragraph (f) of the definition of “relevant local government body” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 16 Amendment of the Firefighters’ Pension Scheme (England) Regulations 2014

(1) The Firefighters’ Pension Scheme (England) Regulations 2014 are amended as follows.

(2) For regulation 2(1) (establishment of firefighters’ pension scheme 2015), substitute—

(1) These Regulations establish a scheme for the payment of pensions and other benefits to or in respect of—

(a) fire and rescue workers who are firefighters in England; and

(b) persons to whom this scheme may potentially relate by virtue of paragraph (1A) and in respect of whom the Secretary of State makes a determination under section 25(5) of the 2013 Act.

(1A) This scheme may potentially relate to a person who holds office as the London Fire Commissioner where the terms and conditions of their appointment to that office include—

(a) resolving operational incidents; or

(b) leading and supporting others in the resolution of operational incidents.

(1B) The Secretary of State may by direction modify the provisions of this Scheme in their application to those persons to which paragraph (1)(b) applies for the purposes of—

(a) securing appropriate protection against additional costs to the Scheme that might result from the application of this Scheme to those persons,

(b) obtaining information about those persons, their employers and other relevant persons, or

(c) taking appropriate account of—

(i) the arrangements under which those persons are employed, and

(ii) the organisational structures of their employers.

(3) For regulation 6(1), substitute—

(1) For the purposes of these Regulations, a person is in scheme employment if

(a) that person—

(i) is employed as a firefighter by an authority; or

(ii) is a person to whom this scheme relates by virtue of a determination under section 25(5) of the 2013 Act; and

(b) that person satisfies the requirements in paragraph (2) or paragraph (3).

Section 17 Amendment of the Local Audit (Auditor Panel) Regulations 2014

(1) The Local Audit (Auditor Panel) Regulations 2014 are amended as follows.

(2) In regulation 8(4) (application of local authority enactments to auditor panels: disqualification) omit sub-paragraph (f).

(3) In the definition of “political balance authority” in regulation 10(4) (application of local authority enactments to auditor panels: political balance) omit sub-paragraph (e).

Section 18 Amendment of the Control of Major Accident Hazards Regulations 2015

(1) The Control of Major Accident Hazards Regulations 2015 are amended as follows.

(2) In regulation 2(1) (interpretation), in paragraph (b)(i) of the definition of “local authority” for “the London Fire and Emergency Planning Authority” substitute “the London Fire Commissioner”.

Section 19 Amendment of the Trade Union (Facility Time Publication Requirements) Regulations 2017

(1) The Trade Union (Facility Time Publication Requirements) Regulations 2017 are amended as follows.

(2) For paragraph 12 of Part 1 (local authorities) of Schedule 1 (public authorities) substitute—

(12) The London Fire Commissioner.

Section 20 Amendment of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

(1) The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 are amended as follows.

(2) In Schedule 2 (public authorities required to publish information) for “The London Fire and Emergency Planning Authority” substitute “The London Fire Commissioner”.