This Statutory Instrument has been made in consequence of a defect in S.I. 1991/369 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
FIRE SERVICES
Made
4th February 1992
Laid before Parliament
12th February 1992
Coming into force
1st April 1992
In exercise of the powers conferred on me by section 18(1) of the Fire Services Act 1947(1) I hereby, after consultation with the Central Fire Brigades Advisory Council, make the following Regulations:
1. These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2. For sub-paragraphs (1) and (2) of regulation 6(6)(2) of the Fire Services (Appointments and Promotion) Regulations 1978(3) there shall be substituted-
"(6) A member of a brigade shall not be eligible to enter for any of the examinations specified in Part I of Schedule 1 or 2, or in Schedule 3, as the case may be, if-
(a)(i)in the immediately preceding year, he entered for the examination in question but attended the sitting of none of the papers for which he entered in that examination and
(ii)he has not satisfied the Fire Services Examinations Board that he had a reasonable excuse for such non-attendance, or
(b)in the two successive immediately preceding years he has failed the examination in question and has, on each occasion, obtained less than 25% of the total marks available in that examination.
(6A) Any excuse submitted for the purposes of paragraph (6)(a) above must be notified to the Fire Services Examinations Board within 21 days of the date of the sitting of the final paper in the examination to which it relates.
(6B) Paragraph (6) above shall not apply in respect of-
(a)non-attendance at the sitting of papers, or
(b)failure to achieve 25% or more of the total marks available,
in an examination before 1st April 1991.
(6C) Where a member of a brigade, on or after1st April 1991 and before 1st April 1992, entered for an examination for which, by reason only of-
(a)non-attendance at the sitting of papers in an examination before 1st April 1991, or
(b)failure to obtain 25% or more of the total marks available in an examination before that date,
he was not eligible to enter, he shall betreated for the purposes of these Regulations as if he was eligible to enter and, accordingly, as if he entered for, the examination in question."
Home Office
Kenneth Baker
One of Her Majesty's Principal Secretaries of State
4th February 1992
(This note is not part of the Regulations)
These Regulations substitute provisions of the Fire Services (Appointments and Promotion) Regulations 1978 (as amended by the Fire Services (Appointments and Promotion) (Amendment) Regulations 1991) relating to ineligibility to enter for certain examinations. The Regulations make it clear that a member is to be ineligible if he attended the sitting of none of the papers in the immediately preceding year's examination. The Regulations ensure that ineligibility will not occur in respect of non-attendance at, or failure to achieve 25% or more of the marks available in, an examination before 1st April 1991. The Regulations also ensure that a person who entered for an examination on or after 1st April 1991 and before 1st April 1992 when so ineligible will be treated as though he was eligible to enter, and duly entered, the examination in question.
1947 c. 41, as amended by the Fire Services Act 1959 (c. 44).
Sub-paragraphs and (2) of regulation 6(6) were substituted by regulation 2(d)(ii) of the Fire Services (Appointments and Promotion) (Amendment) Regulations 1991 (S.I. 1991/369).