Made | 8th June 2006 | ||
Laid before the Scottish Parliament | 9th June 2006 | ||
Coming into force | 1st July 2006 |
(4) The amendment made by article 2 and paragraph 18 of Schedule 1 (spouse's or civil partner's requisite benefit and temporary pension) have effect from 1st March 1992.
(5) The amendment made by article 2 and paragraph 5 of Schedule 1 (short service award) have effect from 4th December 2005.
(6) In this Order–
Amendment of the Pension Scheme
2.
The Pension Scheme shall be amended in accordance with Schedule 1 to this Order.
Transitional provision
3.
—(1) The amendments made by paragraph 6 (ill-health awards), 46 (review of ill health and certain deferred pensions) and 55 (calculation of an ill-health award) of Schedule 1 to this Order shall not have effect in relation to a person in respect of whom a determination or decision relevant to the termination of his or her employment on grounds of ill-health (whether under Part H or Part K of the Pension Scheme) has been made before 1st July 2006.
(2) In a case to which paragraph (1) applies, rules B3 and K1 of the Pension Scheme shall continue to have effect in relation to such a person in the form in which they exist immediately before that date.
(3) Where–
he or she may, by giving written notice to the fire and rescue authority liable or prospectively liable for the payment of the benefit, elect that this Order or a provision of this Order shall not apply to him or her.
(4) Notice under paragraph (3) must be given not later than the date 3 months after the coming into force of a scheme, other than the Compensation Scheme[5], under section 34 of the Fire and Rescue Services Act 2004[6].
(5) For the purposes of paragraph (3) a protected benefit is one paid or capable of becoming payable to or in respect of a person who, before 1st July 2006, ceased to be a member of the fire and rescue service or died.
Revocation and consequential provision
4.
—(1) So much of article 2(2) of the Firemen's Pension Scheme Order 1992 as relates to the provisions specified in column 1 of Schedule 2 to this Order (provisions of the Pension Scheme superseded by the Compensation Scheme) is revoked.
(2) A reference in any document (whether made, served or issued before, on or after 6th April 2006) to a provision of the Pension Scheme that ceases to have effect by virtue of paragraph (1) shall, unless a contrary intention appears, be construed on and after that date as a reference to, the corresponding provision of the Compensation Scheme specified in column 2 of Schedule 2.
GEORGE LYON
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
8th June 2006
on the day on which a scheme, other than the Compensation Scheme [8], is brought into operation under section 34 of the Fire and Rescue Services Act 2004[9] as regards Scotland.".
2.
Omit rule A9 (qualifying injury)[10].
3.
In rule A10 (disablement)–
4.
Omit rule A11 (death or infirmity resulting from injury).
5.
For rule B2 (short service award)[11], substitute–
6.
For rule B3 (ill-health award)[13], substitute–
becomes entitled on retiring–
(3) This paragraph applies where, in the opinion of an independent qualified medical practitioner, obtained in accordance with rule H1, the firefighter is capable of undertaking regular employment outside the fire and rescue service.
(4) This paragraph applies where, in the opinion of the independent qualified medical practitioner, obtained in accordance with rule H1, the firefighter is incapable of undertaking regular employment outside the fire and rescue service.
(5) The pensions are–
(6) A firefighter who is not entitled to a pension under paragraph (2), becomes entitled on retiring to a short service lump sum of an amount equal to the aggregate of his pension contributions.
(7) In paragraphs (3) and (4) "regular employment" means employment for 30 hours a week on average over a 12 month period.".
7.
Omit rule B4 (injury award).
8.
In rule B5 (deferred pension)[14]–
9.
In rule B6 (repayment of aggregate pension contributions)[15] in paragraph (1)–
10.
In rule B7 (commutation – general provision)[16]–
(d) for paragraph (10), substitute–
(10A) Where paragraph (10)(c) applies and notice of commutation is given in respect of the other pension, the portion of it that may be commuted is reduced by the amount of the reduction under paragraph (10)."; and
11.
In rule B8 (commutation – small pensions)[17]–
12.
In rule B9 (allocation)[19]–
13.
In rule B10 (limitation of commuted or allocated portion of pension), in paragraph (2), for "or I 4" substitute "or rule 2 or 3 of Part 7 of the Compensation Scheme".
14.
For rule B11 (deduction of tax from certain awards)[20], substitute–
15.
In rule C1 (spouse's ordinary pension)–
16.
Omit rules C2 (spouse's special award) and C3 (spouse's augmented award)[23].
17.
In rule C5 (limitation on award to widow by reference to date of marriage)[24]–
18.
For rule C6 (widow's requisite benefit and temporary pension)[25] substitute–
(2) Where this rule applies the surviving spouse or civil partner is entitled–
(3) The weekly amount of the temporary pension is A − B, where–
(4) The requisite benefit pension shall be calculated–
(5) If–
the surviving spouse or civil partner is entitled to a lump sum equal to the difference between those amounts.".
19.
For rule C7 (spouse's award where no other award payable)[27], substitute–
(2) Where this rule applies, the surviving spouse or civil partner is entitled–
20.
In rule C8 (limitations where spouses living apart)[28]–
21.
In rule D1 (child's ordinary allowance), in paragraph (1)(c), after "injury pension", insert "under the Compensation Scheme".
22.
Omit rules D2 (child's special allowance) and D3 (child's special gratuity).
23.
In rule D5 (child's allowance or special gratuity: limitations)[29], omit paragraph (7).
24.
In rule E1 (lump sum death grant), in paragraph (1), for the words after "payable", substitute–
25.
Omit rule E2 (adult dependent relative's special pension).
26.
In rule E4 (payment of balance of contributions to estate), in paragraph (2)(b)–
27.
For rule E5 (gratuity in lieu of surviving spouse's pension)[30] substitute–
(3) A fire and rescue authority may under this rule commute a pension for a lump sum only when the pension first becomes payable.
(4) The payment of a lump sum on the commutation of the whole or any part of a pension under this rule must be made before the date on which the deceased would have attained the age of 75.
(5) A lump sum under this rule shall be calculated in accordance with such guidance as is provided for the purpose by the Government Actuary.".
28.
For rule E6 (gratuity in lieu of child's allowance)[32], substitute–
the fire and rescue authority may commute for a lump sum the allowance or so much of it as may be commuted without exceeding the commutation limit for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (lump sum rule).
(2) The payment of a lump sum on the commutation of the whole or any part of an allowance under this rule must be made before the date on which the deceased would have attained the age of 75.
(3) A lump sum under this rule shall be calculated in accordance with Part III of Schedule 5.".
29.
In rule E7 (limitation on discretion to commute pension or allowance for gratuity)[33]–
(b) in paragraph (3), for "other gratuity", substitute "lump sum paid";
(c) in paragraph (4), omit ", gratuity"; and
(d) in paragraph (5), for "or I4", substitute "or rule 2 or 3 of Part 7 of the Compensation Scheme".
30.
In rule E8 (increase of pensions and allowances during first 13 weeks)[35]–
(e) in paragraph (7), after "payable", insert "under this Scheme or an injury pension under the Compensation Scheme".
31.
In rule F1 (reckoning of and certification as to pensionable service), in paragraph (6), after "gratuity", insert "under this Scheme, or a pension or gratuity under the Compensation Scheme".
32.
In rule F2 (current service)[36], for paragraphs (3) and (4), substitute–
(5) A fire and rescue authority may treat as paid the amount notified under sub paragraph (b) of paragraph (4); and where they do so, the requirements of that sub paragraph shall cease to apply.
(6) Nothing in paragraph (3) requires a fire and rescue authority to reckon as pensionable service any reckonable period where–
(7) Any periods of pensionable service before and after any period of maternity or adoption leave in respect of which the person has the right to, but does not pay, contributions under rule G2A shall be treated as continuous.".
33.
In rule F3 (previous service reckonable without payment)[37], in paragraph (b), for "in the circumstances and within the period mentioned in rule K1(1) to(4) (cancellation of ill health pension)", substitute "following an offer of employment under rule K1A(2)(b),".
34.
In rule F5 (period during which injury pension was payable)[38]–
(b) in paragraph (1)(b), for "in the circumstances and within the period mentioned in rule K1(1) to(4) (cancellation of ill-health pension)", substitute "following an offer of employment under rule K1A(2)(b),".
35.
In rule F7 (receipt of transfer value), in paragraph (2), after "authority" insert ", not later than 12 months after the date on which he takes up employment with them,".
36.
In rule G1 (pensionable pay and average pensionable pay)[40], in paragraph 4–
37.
In rule G2 (pension contributions)[41] for paragraph (1), substitute–
38.
In rule G3 (election not to pay pension contributions)–
the election shall be treated as given on his first day of employment and the fire and rescue authority shall repay the pension contributions paid by him.".
39.
In rule G7 (payment of periodic contributions for increased benefits)[42]–
40.
In rule H1 (determination by fire authority), omit paragraph (2)(c) and (d).
41.
In rule I2 (awards to servicemen)[43]–
42.
In rule I3 (awards on death of servicemen)[44]–
43.
Omit rule I4 (servicemen who resume service as regular firefighters).
44.
In rule J1 (guaranteed minimum pensions), for paragraph (6), substitute–
45.
Omit rules J3 (whole-time member of brigade who is not a regular firefighter), J4 (part-time member of brigade) and J5 (members of brigade other than regular firefighters: supplementary).
46.
For rule K1 (cancellation of ill-health and injury pensions)[46], substitute–
the fire and rescue authority shall consider, at such intervals as they think proper, whether he has become capable of carrying out any duty appropriate to the role from which he retired on grounds of ill-health.
(2) So long as a person–
the authority shall also consider, at such intervals as they think proper, whether he has become capable of undertaking regular employment.
(3) So long as a person–
the authority shall also consider, at such intervals as they think proper, whether he has become capable–
(4) In this Part, "regular employment" means employment for 30 hours on average over a twelve–month period.
Consequences of review
K1A.
—(1) If, on such consideration as is mentioned in rule K1(2), it is found that a person has become capable of undertaking regular employment, the authority shall immediately terminate his higher tier ill-health pension.
(2) A lower tier ill-health pension shall continue to be paid to a person whose higher tier ill-health pension is terminated as mentioned in paragraph (1) unless–
(3) Entitlement to a lower tier ill-health pension shall cease, with immediate effect, where a person accepts or declines a paragraph (2)(b) offer.
(4) A person who declines a paragraph (2)(b) offer shall then become entitled to a deferred pension under rule B5.".
47.
Omit rule K2 (reassessment of injury pension).
48.
In rule K3 (reduction of award in case of default)[47], in paragraph (1), omit "or injury".
49.
In rule K5 (withdrawal of pension on conviction of certain offences)[48], in paragraph (4), omit ", other than an injury pension,".
50.
In rule L1(authorities responsible for payment of awards)[49], omit paragraphs (2), (5) and (6).
51.
In rule L3 (payment of awards)[50], in paragraph (7), omit "other than an injury gratuity under rule B4,".
52.
In rule L4 (prevention of duplication)[51]–
53.
Omit rule L4A (prevention of duplication: other injury awards for persons who are both regular and retained firefighters)[52] and L4B, (prevention of duplication: other awards for spouses or children of persons who are both regular and retained firefighters)[53].
54.
In Schedule 1 (interpretation), in Part I (glossary of expressions)[54]–
(b) omit the entry (both columns) for the expression "qualifying injury".
55.
In Schedule 2 (personal awards)[55]–
(A × B) ÷ 60, |
4.
—(1) The amount of a person's higher tier ill-health pension is the amount determined by deducting from the amount ascertained in accordance with sub paragraph (2) or paragraph 5, as his circumstances require, the amount of his lower-tier ill-health pension.
(2) The amount referred to in sub paragraph (1) as to be ascertained in accordance with this sub paragraph is–
(2 × A × C) ÷ 60, |
{(20 × A) ÷ 60} or {(7 × A ÷ 60) + (A × D ÷ 60) + (2 × A × E ÷ 60)}, |
5.
—(1) Where–
the amount referred to in sub paragraph 4(1) as to be ascertained in accordance with this paragraph is that of the notional retirement pension.
(2) The notional retirement pension is to be calculated by reference to the person's actual average pensionable pay.";
56.
In Schedule 3 (awards on death: spouses)[56]–
57.
In Schedule 4 (awards on death-children)[57]–
(b) omit Part II (child's special allowance)”; and
(c) in Part IV (reduction in child's allowance during full-time remunerated training)–
58.
In Schedule 5 (awards on death-additional provisions), omit Part I (adult dependent relative's special pension).
59.
In Schedule 9 (appeals), in paragraph 8(2A)[58], for "10", substitute "21".
60.
Omit Schedule 10 (servicemen: increased awards).
Column 1 | Column 2 |
Provision of Pension Scheme revoked | Corresponding 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 brigades 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 |
It is envisaged that the new scheme will require those classes of person to become members of it.
The paragraph substituted in rule G2 has the effect of requiring persons who take up employment with a fire and rescue authority as firefighters on or after 6th April 2006 to make pension contributions at a lower rate than is required of firefighters whose employment began before that date.
Some amendments specified in Schedule 1 to this Order remove from the Pension Scheme provisions relating to non-contributory compensation for death and injury. These provisions are re-enacted in the Firefighters' Compensation Scheme, which is set out in the Schedule to the Firefighters' Compensation Scheme Order 2006. Schedule 2 to this Order lists the provisions of the Pension Scheme that cease to have effect, as to Scotland, having been superseded by corresponding provisions of the Firefighters' Compensation Scheme.
Except as detailed below, other amendments specified in Schedule 1 to this Order are consequential on the removal of those provisions or relate to changes in the regulation of pension schemes brought about by the Finance Act 2004 (c.12), as amended by the Finance Act 2005 (c.7).
Rule B3 and Part III of Schedule 2 to the Pension Scheme, which provide for the payment and calculation of pensions awarded to regular firefighters whose employment ceases by reason of ill health, are substituted. Firefighters who are found by an independent qualified medical practitioner to be capable of undertaking employment outside the fire and rescue service for an average of at least 30 hours per week over a notional period of 12 months (whether or not they in fact take up any employment) will be entitled to a lower tier ill-health pension. Those who are found to be incapable of undertaking such employment will be entitled to a higher tier ill-health pension. There is no change in the method of calculating the newly-styled "higher tier" ill-health pension (paragraph 4 of Part III of Schedule 2). Nor is there any change in the method of calculating the newly-styled "lower tier" ill-health pension for those regular firefighters who have less than 5 years' pensionable service (paragraph 3 of that Part). The method of calculating other "lower tier" ill health pensions (paragraph 2 of that Part) has the effect that a pensioner who has 5 or more years' pensionable service will be entitled to immediate payment of an amount calculated as if he had been entitled to immediate payment of a deferred pension under rule B5 of the Pension Scheme (the calculation is set out in Part VI of Schedule 2).
Rule K1 is replaced by new rules K1 and K1A which allow a fire and rescue authority to replace a higher tier ill-health pension with a lower tier ill-health pension where, on a review of the pensioner's condition, it is established that he is capable of undertaking employment for 30 hours a week on average over a 12 month period. The pensioner's lower tier ill-health pension will be unaffected unless, on a review of his condition, it is established that he is capable of performing the duties of the role from which he retired and he accepts or declines the authority's offer to take up employment in that role. If the pensioner declines such an offer, he becomes entitled to a deferred pension and his entitlement to a lower tier ill-health pension is terminated.
The effect of the amendment to paragraph 8(2A) of Schedule 9 is that a person who withdraws his appeal to a board of medical referees within 21 days of the date appointed for the interview or medical examination may be required to pay the fire and rescue authority an amount not exceeding that payable by the authority in respect of the board's fees and allowances. The current provision refers to withdrawal within 10 days of the appointed date.
The opportunity has been taken to correct two errors that arose in amending instruments made in 2005. Rule C5 of the Pension Scheme (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership) was substituted by paragraph 7 of Schedule 1 to the Firefighters' Pension Scheme (Civil Partnership Amendments) (England and Scotland) Order 2005 (S.I. 2005/3228). In paragraph (2) of the substituted rule, the words ", subject in the case of a civil partner, to paragraph (3)," were included in error and are now omitted.
The second error relates to article 1(3)(b) of the Firefighters' Pension Scheme (Amendment) (Scotland) Order 2005 (S.S.I. 2005/566). That provision gave retrospective effect, from 1st March 1992 (the date on which the Pension Scheme came into force), to rule C5 of the Pension Scheme. It should have given similar retrospective effect to rule C6 of the Pension Scheme, which relates to the requisite benefit and temporary pensions awarded to surviving spouses and civil partners. That rule was amended in 2005 to reflect the fact that the surviving spouse of a deceased firefighter may be either a widow or a widower. Rule C6, as now substituted, is given retrospective effect from 1st March 1992.
A full regulatory impact assessment has not been produced for this Order, as it has no impact on the costs of business, charities or voluntary bodies.
[2] 1972 c.11; section 12 was amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 c.7. The functions of the Secretary of State 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 1999, article 2 and Schedule 1 (S.I. 1999/1750). Section 16 applies section 12 with the necessary modifications to orders under section 26 of the Fire Services Act 1997. Section 16 is repealed by section 52 of, and Schedule 2 to, the Fire and Rescue Services Act 2004 c.21 but continues to have effect, for the purposes of the Firefighters' Pension Scheme, by virtue of article 3 of S.I. 2004/2306.back
[4] S.I. 1992/129, amended by S.I. 1997/2309 and 2851, S.I. 1998/1010, S.I. 2001/3649, S.I. 2005/3228, S.S.I. 2001/310, S.S.I. 2004/385 and S.S.I. 2005/566. 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. The Firefighters' Pension Scheme and 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 S.I. 2004/2306. The name of the scheme was changed by article 4(1) of S.I. 2004/2306.back
[5] The Compensation Scheme is brought into operation by the Firefighters' Compensation Scheme (Scotland) Order 2006, S.S.I. 2006/338.back
[6] 2004 c.21. The functions of the Secretary of State in respect of section 34 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.back
[7] Rule A3 was amended by article 5 of and paragraph 1 of Schedule 2 to S.S.I. 2001/310 and article 2 of and paragraph 1 of the Schedule to S.S.I. 2005/566.back
[8] The Compensation Scheme is brought into operation by the Firefighters' Compensation Scheme (Scotland) Order 2006, S.S.I. 2006/338.back
[9] 2004 c.21. The functions of the Secretary of State in respect of section 34 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.back
[10] Rule A9 was amended by article 2 of and paragraph 3 of the Schedule to S.S.I. 2004/385 and article 2 of and paragraph 7 of the Schedule to S.S.I. 2005/566.back
[11] Rule B32 was amended by article 2 of and paragraph 13 of the Schedule to S.S.I. 2005/566.back
[12] Rule G3 was amended by article 2 of and paragraph 50 of the Schedule to S.S.I. 2005/566.back
[13] Rule B3 was amended by article 2 of and paragraph 14 of the Schedule to S.S.I. 2005/566.back
[14] Rule B5 was relevantly amended by article 2 of and paragraph 15 of the Schedule to S.S.I. 2005/566.back
[15] Rule B6 was relevantly amended by article 2 of and paragraph 16 of the Schedule to S.S.I. 2005/566.back
[16] Rule B7 was relevantly amended by article 2 of and paragraph 17 of the Schedule to S.S.I. 2005/566.back
[17] Rule B8 was relevantly amended by article 5 of and paragraph 4 of Schedule 2 to S.S.I. 2001/310.back
[18] As to "the lump sum rule", see section 166 of the Finance Act 2004. As to the commutation limit, see paragraph 7(4) of Part 1 of Schedule 29 to that Act.back
[19] Rule B9 was relevantly amended by article 2 to and paragraph 9 to the Schedule to S.S.I. 2004/385, article 2 of and paragraph 19 of the Schedule to S.S.I. 2005/566 and article 2 and paragraph 2 of Schedule 1 to S.I. 2005/3228.back
[20] Rule B11 was amended by article 2 of and paragraph 20 of the Schedule to S.S.I. 2005/566.back
[21] See section 214 of the Finance Act 2004 (c.12).back
[22] Paragraph (2A) was inserted by S.I. 2005/3228, Schedule 1, paragraph 3 and rule C1 was relevantly amended by article 2 of and paragraph 22 of the Schedule to S.S.I. 2005/566.back
[23] Rule C2 and C3 were relevantly amended by article 2 of and paragraphs 4 and 5, respectively, of Schedule 1 to S.I. 2005/3228.back
[24] Rule C5 was substituted by article 2 of and paragraph 24 of the Schedule to S.S.I. 2005/566 and article 2 of and paragraph 7 of Schedule 1 to S.I. 2005/3228.back
[25] Rule C6 was substituted by article 2 of and paragraph 24 of the Schedule to S.I. 2005/566 and amended by article 2 of and paragraph 8 of Schedule 1 to S.I. 2005/3228.back
[27] Rule C7 was amended by article 2 of and paragraph 9 of Schedule 1 to S.I. 2005/3228.back
[28] Rule C8 was amended by article 2 of and paragraph 10 of Schedule 1 to S.I. 2005/3228.back
[29] Rule D5 was amended by article 2 of and paragraph 28 of the Schedule to S.S.I. 2005/566 and by article 2 of and paragraph 14 of Schedule 1 and paragraph 1 of Schedule 2 to S.I. 2005/3228.back
[30] Rule E5 was substituted by article 2 of and paragraph 32 of the Schedule to S.S.I. 2005/566 and was amended by article 2 and paragraph 17 of Schedule 1 to S.I. 2005/3228.back
[31] As to "the lump sum rule", see section 166 of the Finance Act 2004 (c.12). As to the commutation limit, see paragraph 7(4) of Part 1 of Schedule 29 to that Act.back
[32] Rule E6 was amended by article 2 of and paragraph 33 of the Schedule to S.S.I. 2005/566.back
[33] Rule E7 was amended by article 2 of and paragraph 34 of the Schedule to S.S.I. 2005/566.back
[35] Rule E8 was amended by article 2 of and paragraph 18 of Schedule 1 to S.I. 2005/3228.back
[36] Rule F2 was amended by article 2 of and paragraph 13 of the Schedule to S.S.I. 2004/385 and article 2 to and paragraph 37 of the Schedule to S.S.I. 2005/566.back
[37] Rule F3 was amended by article 2 of and paragraph 39 of the Schedule to S.S.I. 2005/566.back
[38] Rule F5 was amended by article 2 of and paragraph 41 of the Schedule to S.S.I. 2005/566back
[39] Rule B4 is revoked by paragraph 7 of this Order.back
[40] Rule G1 was amended by article 2 of and paragraph 15 of the Schedule to S.S.I. 2004/385 and article 2 and paragraph 47 of the Schedule to S.S.I. 2005/566.back
[41] Rule G2 was amended by article 2 of and paragraph 48 of the Schedule to S.S.I. 2005/566.back
[42] Rule G7 was amended by article 2 of and paragraph 17 of the Schedule to S.S.I. 2004/385 and article 2 of and paragraph 53 of the Schedule to S.S.I. 2005/566.back
[43] Rule I2 was amended by article 2 of and paragraph 58 of the Schedule to S.S.I. 2005/566.back
[44] Rule I3 was amended by article 2 of and paragraph 59 of the Schedule to S.S.I. 2005/566 and article 2 of and paragraph 19 of Schedule 1 to S.I. 2005/3228.back
[46] Rule K1 was amended by article article 2 and paragraph 23 of the Schedule to S.S.I. 2004/385 and article 2 and paragraph 68 of the Schedule to S.S.I. 2005/566.back
[47] Rule K3 was amended by article 2 of and paragraph 70 of the Schedule to S.S.I. 2005/566.back
[48] Rule K5 was amended by article 2 of and paragraph 72 of the Schedule to S.S.I. 2005/566.back
[49] Rule L1 was amended by article 2 of and paragraph 73 of the Schedule to S. S.I. 2005/566.back
[50] Rule L3 was amended by article 2 of and paragraph 75 of the Schedule to S. S.I. 2005/566.back
[51] Rule L4 was amended by article 2 of and paragraph 76 of the Schedule to S.S.I. 2005/566.back
[52] Rule L4A was inserted by article 2 of and paragraph 77 of the Schedule to S. S.I. 2005/566.back
[53] Rule L4B was inserted by article 2 of and paragraph 77 of the Schedule to SS.I. 2005/566 and amended by article 2 of and paragraph 26 of Schedule 1 to S.I. 2005/3228.back
[54] Part 1 of Schedule 1 was amended by article 2 of and paragraph 88 of the Schedule to S.S.I. 2005/2980 and article 2 of and paragraph 27 of Schedule 1 to S.I. 2005/3228.back
[55] Schedule 2 was amended by article 2 of and paragraph 89 of the Schedule to S.S.I. 2005/566.back
[56] Schedule 3 was amended by article 2 of and paragraphs 31 to 35 of the Schedule to S.S.I. 2004/385 and article 2 of and paragraph 90 of the Schedule to S.S.I. 2005/566.back
[57] Schedule 4 was relevantly amended by article 2 of and paragraph 29 of Schedule 1 to S.I. 2005/3228.back
[58] Paragraph 8(2A) was inserted by article 2 and paragraph 42 of the Schedule to S.S.I. 2004/385.back