The National Health Service Superannuation Scheme (Scotland) Regulations 2011
| Year | 2011 |
2011 No. 117
National Health Service
The National Health Service Superannuation Scheme (Scotland) Regulations 2011
Made 15th February 2011
Laid before the Scottish Parliament 18th February 2011
Coming into force 1st April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 10 and 12 of, and Schedule 3 to, the Superannuation Act 19721, and of all other powers enabling them to do so.
In accordance with section 10(1) of that Act, these Regulations are made with the consent of the Treasury2.
In accordance with section 10(4) of that Act, the Scottish Ministers have consulted with such representatives of persons likely to be affected by these Regulations as appear to them to be appropriate.
PART A
PRELIMINARY
Citation and commencement
A1.—(1) These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Regulations 2011.
(2) These Regulations come into force on 1st April 2011.
Interpretation
A2.—(1) Paragraph (4) of this regulation contains a list of expressions and in these Regulations, unless the context otherwise requires, any expression for which there is an entry in the first column of that paragraph has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.
(2) In these Regulations, unless the context otherwise requires—
(a)
(a) any reference to a regulation, Part or Schedule identified by a letter or number or both (an “indicator”) is to be construed as a reference to the regulation, Part or Schedule, as the case may be, identified by that indicator in these Regulations, and any reference in a regulation of or a Schedule to these Regulations to a numbered paragraph is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule;
(b)
(b) any reference to the scheme, except where the context otherwise requires, means the National Health Service Superannuation Scheme for Scotland, the rules of which are set out in these Regulations and the National Health Service Pension Scheme (Scotland) Regulations 2008; and
(c)
(c) any reference to this Section of the scheme, except where the context otherwise requires, means these Regulations.
(3) Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.
(4) The following two columns are those referred to in paragraph (1) of this regulation:—
Expression |
Meaning |
||||||
“the 1978 Act” |
|||||||
The National Health Service (Superannuation) (Scotland) Regulations 19804; |
|||||||
“the 1993 Act” |
The Pension Schemes Act 19935; |
||||||
“the 1995 Act” |
The Pensions Act 19956; |
||||||
“the 1995 Regulations” |
The National Health Service Superannuation Scheme (Scotland) Regulations 19957 |
||||||
“the 1997 Act” |
|||||||
“the 1999 Act” |
|||||||
“the 2004 Act” |
The Finance Act 200410; |
||||||
“the 2008 Section” |
means the Section of the scheme, the rules of which are set out in Part 1 or 2 (whichever is applicable) of the National Health Service Pension Scheme (Scotland) Regulations 200811; |
||||||
“active member” |
A person who is in pensionable service under this Section of the scheme; |
||||||
“additional services” |
(a) |
with regard to a GMS practice, the meaning given in Schedule 1 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 200412; and |
|||||
(b) |
with regard to any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in Schedule 1 to those Regulations; |
||||||
“age” |
Shall be construed in accordance with section 181(1) of the 1993 Act; |
||||||
“appropriate percentage” |
The meaning given in regulation V5(4); |
||||||
“appropriate rights” |
The meaning given in regulation V11(1); |
||||||
“assistant practitioner” |
The meaning given in paragraph 1 of Schedule 1; |
||||||
“buy-out policy” |
A policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act13 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and satisfies any requirements of Revenue and Customs; |
||||||
“cash equivalent” |
Is to be construed in accordance with Chapter IV of Part IV of the 1993 Act; |
||||||
“CCT” |
means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983, including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act; |
||||||
“certification services” |
Services related to the provision of the medical certificates listed in Schedule 3 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004; |
||||||
“collaborative services” |
Primary medical services provided by a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider under or as a result of an arrangement between— |
||||||
(a) |
the Scottish Ministers or a Health Board; and |
||||||
(b) |
a local authority, |
||||||
under section 15 of the 1978 Act14, under which the Scottish Ministers or the Health Board is responsible for providing services for purposes related to the provision of health care; |
|||||||
“commissioned services” |
Services provided under a contract between— |
||||||
(a) |
a GP performer, a GMS practice, a section 17C agreement provider, an HBPMS contractor or an OOH provider; and |
||||||
(b) |
either— |
||||||
(i) |
a Special Health Board, which relates to the provision of health care; or |
||||||
(ii) |
the Scottish Ministers or a Health Board under section 16(1) of the 1978 Act, |
||||||
which is for the purposes of the health service; |
|||||||
“Contracting Health Board” |
(a) |
in the case of a non GP provider who is— |
|||||
(i) |
a partner in a partnership that— |
||||||
(aa) |
is a GMS practice; or |
||||||
(bb) |
has entered into a section 17C agreement; or |
||||||
(cc) |
is an HBPMS contractor and has entered into a contract for the provision of primary medical services; or |
||||||
(ii) |
a shareholder in a company limited by shares that is— |
||||||
(aa) |
a GMS practice; or |
||||||
(bb) |
a section 17C agreement provider; or |
||||||
(cc) |
an HBPMS contractor and has entered into a section 17C agreement for the provision of primary medical services; or |
||||||
(iii) |
an individual who is a GMS practice, section 17C agreement provider or an HBPMS contractor, |
||||||
the Health Board with which that partnership, company, practice, provider or contractor has entered into a contract or agreement referred to in those provisions: |
|||||||
(b) |
in the case of a principal practitioner, the Health Board on whose medical performers list their name appears; and |
||||||
(c) |
in the case of an assistant practitioner or locum practitioner, the Health Board engaging the practitioner under a contract of services or for services and on whose medical performers list their name appears; |
||||||
“contracting-out requirements” |
The requirements set out in sections 13 to 24 of the 1993 Act; |
||||||
“core hours” |
The period beginning at 0800 hours and ending at 1830 hours on any day apart from Saturday, Sunday, Christmas Day, New Year’s Day and any other public or local holiday which has been agreed in writing by the Health Board when entering into a GMS contract; |
||||||
“dental pilot scheme employee” |
An individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual or body providing those services; |
||||||
“dental therapist” |
A person whose name is registered in the dental care professionals register established under section 36B of the Dentists Act 198415 under the title of dental therapist; |
||||||
“dependent child” |
The meaning given by regulation H1; |
||||||
“dispensing services” |
The provision of drugs, medicines and such appliances which are included in the list prepared by the Scottish Ministers under section 27(1) of the 1978 Act; |
||||||
“electronic communication” |
has the meaning given in section 15 of the Electronic Communications Act 200016; |
||||||
“employing authority” |
(a) |
a Health Board, Special Health Board or NHS National Services Scotland (established under section 2 and section 10 of the 1978 Act); |
|||||
(b) |
a person who is providing piloted services; |
||||||
(c) |
the Mental Welfare Commission established under section 4 of the Mental Health (Care and Treatment) (Scotland) Act 200317; |
||||||
(d) |
an OOH provider; |
||||||
(e) |
a GMS practice; |
||||||
(f) |
a section 17C agreement provider; |
||||||
(g) |
any other body constituted under an Act relating to health services and which the Scottish Ministers agree to treat as an employing authority for the purposes of this Section of the scheme; or |
||||||
(h) |
as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 196718 and subject to such modifications to these Regulations as the Scottish Ministers may in any particular case direct, any employer of such a person whom the Scottish Ministers agree to treat as an employing authority for the purposes of these Regulations. |
||||||
“enhanced services” |
(a) |
with regard to a GMS practice, the meaning given in regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004; and |
|||||
(b) |
with regard to any other performer or provider of primary medical services, services which, if provided by a GMS practice, would be... |
||||||
To continue reading
Request your trial