1997 No. 1888
The National Health Service Pension Scheme (Amendment) Regulations 1997
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of his powers under sections 10(1) and (2) of, and Schedule 3 to, the Superannuation Act 19721 and of all other powers enabling him in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to him to be appropriate2, and with the consent of the Treasury3, hereby makes the following Regulations:—
Citation and commencement1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
Amendment of the National Health Service Pension Scheme Regulations 19952
The National Health Service Pension Scheme Regulations 19954 shall be amended in accordance with regulations 3 to 7 below.
Amendment to regulation A2—interpretation3
1
After the definition of “the previous regulations” in regulation A2 insert the following definition—
“the 1977 Act” means the National Health Service Act 1977;
2
In the definition of “employing authority”—
a
in sub-paragraph (c) delete “and” where it last appears;
b
in sub-paragraph (d) after “scheme” delete “;” and insert “, and”;
c
after sub-paragraph (d) insert the following sub-paragraph—
e
a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working either as a sole practitioner, or a group of such practitioners acting jointly, whether or not practising in a partnership, in respect of the employment of practice staff;
3
After the definition of “personal pension scheme” insert the following definition—
“practice staff” means persons (other than assistants, associates or trainee practitioners) employed by a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working as a sole practitioner, or by a group of such practitioners acting jointly, whether or not practising in a partnership, to assist with the provision of general medical services in accordance with arrangements made under section 29 of the 1977 Act;
Amendment to regulation E3—early retirement pension (redundancy etc)4
After regulation E3(2) insert the following paragraph—
3
This regulation shall not apply to practice staff.
Amendment to regulation E4—early retirement pension (employer’s consent)5
After regulation E4(2) insert the following paragraph—
3
This regulation shall not apply to practice staff.
Amendment to regulation R5—part-time employment6
After regulation R5(4) insert the following paragraph—
4A
“A single comparable whole-time employment” in paragraph 4 means the number of hours, half-days or sessions which the Secretary of State determines would constitute a single comparable whole-time pensionable employment.
Amendment of Schedule 27
1
In the definition of “assistant practitioner” in paragraph 1 of Schedule 2, delete the words from “and” to “required” inclusive, and insert “or who is participating in the Doctors' Retainer Scheme”.
2
After the definition of “Dental Practice Board” in paragraph 1 of Schedule 2, insert the following definition—
“Doctors' Retainer Scheme” has the same meaning as given at paragraph 39 of the Statement published in accordance with regulation 34 of the National Health Service (General Medical Services) Regulations 1992;
Signed by authority of the Secretary of State for Health.
We consent to the making of these Regulations
(This note is not part of the Regulations)