The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation 3.A.1

54.—(1) Regulation 3.A.1 (interpretation of Part 3: general) is amended as follows.

(2) In regulation 3.A.1—

(a) in the definition of “APMS contract” and “APMS contractor”, for “80(2)(b)” substitute “83(2)(b)”;

(b) before the definition of “corresponding health service scheme” insert—

““corresponding 1995 scheme” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of the 1995 Regulations;

“corresponding 2008 scheme” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of these Regulations;”;

(c) for the definition of “corresponding health service scheme” substitute—

““corresponding health service scheme” means—

(a)

a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972(1) and having effect in Scotland,

(b)

a superannuation scheme provided under Article 12 of the Superannuation (Northern Ireland) Order 1972(2),

(c)

a scheme made under section 2 of the Superannuation Act 1984(3) (an Act of Tynwald) applies, and

(d)

any other occupational pension scheme approved for the purposes of this regulation by the Secretary of State;”;

(d) after the definition of “GDS contractor” insert—

““general ophthalmic services” means—

(a)

as regards England, mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008(4), and

(b)

as regards Wales, general ophthalmic services within the meaning of section 71(10) of the 2006 Wales Act;”;

(e) after the definition of “GMS practice” insert—

““GOS contract” means a contract under section 117 of the 2006 Act (general ophthalmic services contracts) for the provision of mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008;”;

(f) for the definition of “host Trust or Board” substitute—

““host Trust or Board”, in respect of a person who is a registered medical practitioner or non-GP provider who is—

(a)

a partner in a partnership—

(i)

that is a GMS practice; or

(ii)

that has entered into a PMS agreement or is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

(b)

a shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services;

(c)

an individual who is a GMS practice, PMS practice or an APMS contractor,

means each Primary Care Trust or Local Health Board with which that partnership (in the case of (a)), company (in the case of (b)) or practice or contractor (in the case of (c)) has entered into an agreement or contract referred to in those provisions and (in the case of a registered medical practitioner) the relevant Trust or Board on whose medical performers’ list that practitioner’s name appears, and such a person shall be deemed to be employed by the appropriate Trust or Board for the purposes of this Part;;”;

(g) in the definition of “OOH services”—

(i) after “GMS practice” insert “, APMS contractor”;

(ii) after “to whom the practice” insert “or contractor”; and

(iii) after “GMS contract” insert “, APMS contract”;

(h) after the definition of “OOH services”, insert—

““ophthalmic provider” means a registered medical practitioner who is included in an ophthalmic list kept and published by a Primary Care Trust or Local Health Board pursuant to regulation 6(1) of the National Health Service (General Ophthalmic Services) Regulations 1986(5) (ophthalmic list);”;

(i) for the newly inserted definition of “ophthalmic provider”, substitute—

““ophthalmic provider” means a registered medical practitioner who—

(a)

as regards England—

(i)

is included in an ophthalmic performers list prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004(6) (performers lists); and

(ii)

holds a GOS contract; and

(b)

as regards Wales, is included in an ophthalmic list kept and published by a Local Health Board pursuant to regulation 6(1) of the National Health Service (General Ophthalmic Services) Regulations 1986 (ophthalmic list);”;

(j) in the definition of “type 1 medical practitioner”, after “means” insert “an ophthalmic provider or”.

(1)

1972 c.11.

(2)

S.I. 1972/1073.

(3)

1984 c.8 (Tynwald).

(4)

S.I. 2008/1185.

(5)

S.I.1986/975.

(6)

S.I. 2004/585.