Appendix 5
S.I. 2012/953 and 954: memorandum from the Department
for Communities and Local Government
Firefighters' Pension Scheme (Amendment) (England)
Order 2012 (S.I. 2012/953)
Firefighters' Pension Scheme (England) (Amendment) Order 2012
(S.I. 2012/954)
1. The Committee has requested a memorandum on
the following point for both instruments:
Explain why the 21-day rule was not observed in relation
to this instrument.
2. The Committee has also requested a memorandum
for S.I. 2012/954 on the following point:
Explain whether there are words missing from the
amendment made by article 3 and, if so, what words ought to have
been included.
3. The Department for Communities and Local Government
again apologises for breaking the 21 day rule. This breach occurred
as the necessary consideration of the statutory consultation responses
and the considerations following the recommendation to change
the rate of increase of the contribution rate were not able to
be completed in time to observe the 21 day rule.
4. Following the closure of the statutory consultation
on contribution increases on 2 December, the Department considered
the responses and evidence received in this consultation and listened
to representations made in ongoing discussions with trades unions
and employers. Ministers, in the light of the statutory consultation
responses, decided that it was appropriate, in this specific case,
to proceed with an altered contribution rate increase from April
2012. This approach now seeks to generate an increased yield
of 0.64 percentage points from the two firefighters' pension schemes
rather than the originally proposed 1.28 percentage points.
5. The intention was to bring the orders into
force on 1 April 2012. Consideration was given to bringing the
regulations into force later than 1 April 2012, however to do
so would either diminish the yield further, or would require higher
contribution rates than are necessary to recoup the lost yield
from missed months.
6. Given the detailed consideration that was
required on the proposals and subsequent consultation across Government,
it was not possible to make the statutory instruments any earlier.
The Department for Communities and Local Government apologises
for the extremely short period during which the instruments were
laid before coming into force and regrets breaking the 21 day
rule.
7. It is acknowledged that the amendment made
by article 3 of the Firefighters' Pension Scheme (England)(Amendment)
Order 2012 would benefit from the inclusion of an extra word though
the Department for Communities and Local Government considers
that the meaning of the amended provision is clear without it.
The word "percentage" could have been included before
"rate" in the amendment. The Department for Communities
and Local Government undertakes to amend the provision by a further
instrument at the earliest convenient opportunity. This is likely
to be before the end of 2012.
Department for Communities and Local Government
June 2012
| 
