Firefighters' Pension Scheme (England) Order 2006 (S.I. 2006/3432)

4.1 The Committee draws the special attention of both Houses of Parliament to this Order on the ground that it is defectively drafted in two respects.

4.2 The expression "transfer value payment" is defined in rule 2(1) of Part 1 of the New Firefighters' Pension Scheme (England) set out in Schedule 1 as "a payment to another pension scheme or arrangement in respect of rights to benefits that have accrued to or in respect of him under this Scheme". The Committee asked the Department for Communities and Local Government to identify the person to whom the word "him" referred in that definition. In the memorandum printed at Appendix 4 the Department explains that "him" should have referred to the person to whom, or in respect of whom, rights to benefits under the Scheme had accrued. The Department apologises for the error and states that it will be corrected at the next available opportunity. The Committee reports this definition for defective drafting, acknowledged by the Department.

4.3 The new Scheme contains various provisions which apply in respect of a "firefighter member". That expression is defined in rule 2(1) of Part 1 of the Scheme as having the meaning given by rule 1(1) of Part 2. However, rule 1(1) of Part 2 specifies entitlement to be a firefighter member and is silent on how someone so entitled becomes one. The Committee asked the Department to explain the apparent mismatch between these two provisions.

4.4 In the memorandum referred to above the Department accepts that in giving "firefighter member" the meaning given by rule 1(1) of Part 2 of the new Scheme, it is essential that a reader of rule 1(1) of Part 2 should be able to identify the relevant persons; and that since rule 1(1) of Part 2 refers only to persons who are "entitled to be" firefighter members of the new Scheme, it clearly fails to identify the persons who are actually such members. The Department explains that except where an election is required (rule 1(1)(b) of Part 2 of the new Scheme), a person becomes a firefighter member on becoming a firefighter in the employment of a fire and rescue authority; such a person only ceases to be such a member for so long as his election not to make pension contributions remains effective. The Department accepts that no action is required on that person's part to change an entitlement to membership into actual membership and, accordingly, that "entitled to be" in rule 1(1) of Part 2 gives rise to the mismatch identified by the Committee. The Department states that the error will be corrected at the next available opportunity. The Committee reports rule 1(1) of Part 2 of Schedule 1 for defective drafting, acknowledged by the Department.