Article 89

SCHEDULE 10N.I.TRANSITIONAL AND OTHER MATTERS

1.—(1) The revocation of the orders specified in Part I of Schedule 11 (“the Part I Orders”) and the re-enactment in this Scheme of provisions that were contained in or required to be construed as one with the 1973 Scheme (“1973 provisions”), shall not, except in so far as 1973 provisions are re-enacted with modifications, be taken to affect the continuity of the law, and accordingly—N.I.

(a)any reference in this Scheme to, or to things done or falling to be done under or for the purposes of, any provision of this Scheme is, if and so far as the nature of the reference permits, to be construed as including, in relation to circumstances or purposes in relation to which the corresponding 1973 provision had effect, a reference to, or as the case may be to things done or falling to be done under or for the purposes of, that corresponding provision; and

(b)where a period of time specified in a 1973 provision is current at the commencement of this Scheme, this Scheme has effect as if the corresponding provision of this Scheme had been in operation when that period began to run.

(2) Sub-paragraph (1)—

(a)has effect subject to any express provision to the contrary, and to paragraph 2 (protected benefits); and

(b)does not mean that the provisions of this Scheme apply to cases to which the corresponding 1973 provisions did not apply by virtue of transitional provision made in connection with the commencement of any of the Part I Orders.

2.—(1) Where—N.I.

(a)a provision of this Scheme (“the new provision”) re-enacts a 1973 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 1973 provision had continued to have effect,

he may, by giving written notice on or before 15th April 2007 to the Board, elect that the new provision is to apply in relation to the benefit as if it had re-enacted the 1973 provision without modification.

(2) A protected benefit is one paid, or capable of becoming payable, to or in respect of a person who before 1st April 2006 ceased to be a member of the fire and rescue service or died.

3.—(1) The revocation of a transitional provision relating to the coming into force of a 1973 provision re-enacted in this Scheme does not affect the operation of that transitional provision, so far as it remains capable of having effect, in relation to the provision as re-enacted.N.I.

(2) The revocation of the Part I Orders and the orders specified in Part II of Schedule 11 (“the Part II Orders”) does not affect—

(a)the previous operation; or

(b)so far as they remain capable of having effect, the operation,

of the savings subject to which the Part II Orders were previously revoked or, in relation to provisions that were given continued effect by those savings, of the Part I Orders and the Part II Orders in so far as they varied those provisions.

4.  Any document made, served or issued after 31st March 2006 which includes a reference to a 1973 provision is to be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Scheme.N.I.

5.—(1) The changes made to the treatment of ill-health provisions at article 15, 80 and to Part III of Schedule 2 shall not have effect in relation to a person in respect of whom a determination or decision relevant to the termination of his employment on grounds of ill-health (whether under Part H or Part L of the Pension Scheme) has been made before the making of this Order.N.I.

(2) In a case to which paragraph (1) applies, articles 15 and 80 of the Pension Scheme shall continue to have effect in relation to such a person in the form in which they existed immediately before that date.