The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1999

Statutory Instruments

1999 No. 443 (S. 27)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1999

Made

15th February 1999

Laid before Parliament

26th February 1999

Coming into force

19th March 1999

The Secretary of State, in exercise of the powers conferred on him by sections 10 and 12 of, and Schedule 3 to, the Superannuation Act 1972(1) 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 appropriate, in accordance with section 10(4) of that Act, and with the consent of the Treasury(2), hereby makes the following Regulations:

Citation, commencement and effect

1.  These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1999 and shall come into force on 19th March 1999, but shall have effect from 1st October 1998.

Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995

2.  The National Health Service Superannuation Scheme (Scotland) Regulations 1995(3) shall be amended in accordance with regulations 3 to 10 below.

Interpretation

3.  In regulation A2–

(a) after the definition of “contracting-out requirements” insert–

““dental hygienist”	A person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986((4)
“dental list”	A list prepared in accordance with regulations made under section 25(2)(a) of the 1978 Act;
“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 included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986;”;

(b) after the definition of “guaranteed minimum pension” insert–

““the health service”

The meaning given in section 108 of the 1978 Act;”;

(c) after the definition of “medical list”(5) insert–

““medical pilot scheme employee”

An individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual or body providing those services;”;

(d) after the definition of “mental health officer”, insert–

““NHS dental employee”

An individual who, in connection with the provision of dental health services in the health service, is employed by– (a) a National Health Service Trust; (b) a Health Board; (c) a registered dentist, including one who is providing personal dental services in accordance with a pilot scheme;”;

(e) after the definition of “pensionable service” insert–

““personal dental services”	The meaning given in section 1(8) of the 1997 Act;
“personal medical services”	The meaning given in section 1(8) of the 1997 Act;”;

(f) delete the definition of “pilot scheme employee”(6);

(g) after the definition of “qualifying service” insert–

““registered dentist”

The meaning given in section 53(1) of the Dentists Act 1984((7)”.

Age limits and restrictions on membership

4.  In regulation B2–

(a) at the end of paragraph (c) delete “and”; and

(b) after paragraph (d) insert–

“;

(e) a person, other than a registered dentist or a dental therapist, who is employed as a dental pilot scheme employee otherwise than by a National Health Service Trust, and who either–

(i) was, immediately before the commencement of such employment, an NHS dental employee who was not eligible to join the scheme; or

(ii) has not previously been in employment as an NHS dental employee; and

(f) a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately before the commencement of the pilot scheme, other than a registered dentist or a dental therapist”.

Contributions by members

5.  In regulation D1(5) for “21st” substitute “19th”.

Early retirement pension (redundancy etc.)

6.  In regulation E3(4)(8)–

(a) at the end of sub-paragraph (a) delete “or”; and

(b) after sub-paragraph (b) insert–

“(c) a member to whom regulation R13(1)(a) or (c) of these Regulations applies; or

(d) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service Trust.”.

Early retirement pension (employer’s consent)

7.  In regulation E4(3)(9)–

(a) at the end of sub-paragraph (a) delete “or”; and

(b) after sub-paragraph (b) insert–

“(c) a member to whom regulation R13(1)(a) or (c) of these Regulations applies; or

(d) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service Trust.”.

Right to buy additional service

8.  In regulation Q1(1)(10) delete the words from “Provided” to “age 55, and” inclusive.

Participators in pilot schemes

9.  For regulation R13(11) substitute–

“Participators in pilot schemes

R13.— (1) For the purposes of these Regulations, for the duration of any pilot scheme–

(a) a registered medical practitioner or a registered dentist–

(i) who, immediately before the commencement of the pilot scheme, was a member by reason of his employment as a practitioner, and

(ii) who is involved in the operation of the pilot scheme, whether as a person providing piloted services, a medical pilot scheme employee or a dental pilot scheme employee,

shall be treated as a practitioner employed by the relevant Health Board;

(b) a registered medical practitioner or a registered dentist, who immediately before the commencement of the pilot scheme was not a member by reason of his employment as a practitioner, shall–

(i) if he is providing piloted services, be treated as a practitioner employed by the relevant Health Board; or

(ii) if he is a medical pilot scheme employee or a dental pilot scheme employee, be treated as an officer employed by the provider of the piloted services;

(c) a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the relevant Health Board;

(d) a member who, immediately before the commencement of a pilot scheme–

(i) was employed as an NHS employee or as an NHS dental employee and was not a registered dentist,

(ii) was employed as a medical pilot scheme employee and was not a registered medical practitioner, or

(iii) was employed as a dental pilot scheme employee and was not a registered dentist,

and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the relevant Health Board;

(e) a medical pilot scheme employee, who is employed otherwise than by a National Health Service Trust, and to whom paragraph (a) or (b)(ii) does not apply, shall be treated for the purposes of these Regulations as if he were practice staff;

(f) a person other than a registered dentist who–

(i) is employed as a dental pilot scheme employee otherwise than by a National Health Service Trust;

(ii) immediately prior to the commencement of such employment, was employed by a National Health Service Trust or by a Health Board as an NHS dental employee; and

(iii) was at that time a member,

shall continue to be eligible to be a member;

(g) a dental therapist who–

(i) is a provider of piloted services or is a dental pilot scheme employee; and

(ii) immediately prior to the commencement of the dental pilot scheme was not a member,

shall be eligible to be a member;

(h) a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member to whom paragraph (c) above applies, or who is employed by him as a medical pilot scheme employee or as a dental pilot scheme employee;

(2) In paragraph (1) above “relevant Health Board” means the Health Board with which the agreement or agreements constituting the pilot scheme in question has or have been made.”.

Medical and dental practitioners

10.  In Schedule 1–

(a) in paragraph 1 in the definition of “Doctors' Retainer Scheme”(12) for “31” substitute “35”;

(b) in paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners)(13) for sub-paragraph (3)(b) substitute–

“(b) a practitioner employed as a medical or dental pilot scheme employee or to whom regulation R13(1)(c) applies, “pensionable earnings” means all salary or wages paid to the practitioner in respect of employment as a practitioner, or all remuneration paid to the practitioner under a contract for services, but does not include bonuses or payments made to cover expenses or for overtime.”;

(c) in sub-paragraph (6) of paragraph 18 (members away from work and maternity absence)(14)–

(i) in head (a) after the words “providing piloted services” insert “or to whom regulation R13(1)(c) applies”;

(ii) in heads (a) and (b) after the word “medical” insert the words “or dental”;

(iii) in head (b) before the word “pilot”, where that word first appears, insert the words “medical or dental”.

Helen Liddell

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

11th February 1999

We consent

Clive Betts

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

15th February 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further amendments to the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”) which provide for the superannuation of persons engaged in the National Health Service in Scotland. They have retrospective effect from 1st October 1998 as authorised by section 12 of the Superannuation Act 1972.

Regulation 3 amends regulation A2 of the 1995 Regulations to incorporate definitions in relation to the introduction of pilot schemes to provide personal dental services under the National Health Service (Primary Care) Act 1997.

Regulation 4 amends regulation B2 to exclude from membership of the pension scheme dental practice employees and providers of personal dental services (other than registered dentists and dental therapists) involved in a pilot scheme. In the case of employees, they are not excluded when employed by an NHS Trust or where they were NHS dental employees who were members, or eligible to be members, immediately before the pilot scheme started.

Regulation 5 amends regulation D1 to comply with section 49(8) of the Pensions Act 1995 regarding the timescale within which contributions deducted from a member’s pay must be paid to the trustees or managers of a pension scheme.

Regulations 6 and 7 amend regulations E3 and E4 to disapply the provisions for early retirement on redundancy or efficiency grounds or with the employer’s consent in respect of all providers of piloted services, anyone retaining practitioner status while involved in a pilot scheme, and employees of dental pilot scheme providers, except where the provider is an NHS Trust.

Regulation 8 deletes a reference to members being able to complete 9 years service which is superfluous as this is covered by Regulation Q1(6).

Regulation 9 substitutes a new regulation R13 which makes certain specific provisions for how the 1995 Regulations should apply to members who are participants in pilot schemes. It provides that–

(a) registered medical practitioners and registered dentists who have practitioner status immediately before the commencement of the pilot scheme will continue to be treated as practitioners employed by the relevant Health Board whether they are providing piloted services or employed by the pilot scheme provider;

(b) registered medical practitioners and registered dentists who do not have practitioner status immediately before the commencement of the pilot scheme will be treated as practitioners employed by the relevant Health Board if they are providing piloted services, and as officers employed by the pilot scheme provider if they are employed by him;

(c) a registered dentist engaged as a self-employed contractor by a provider of personal dental services will be treated as a practitioner employed by the relevant Health Board;

(d) a member who was previously an NHS employee or an NHS dental employee or a pilot scheme employee (other than a registered doctor or dentist), who is providing pilot services, will be treated as a whole-time officer employed by the relevant Health Board;

(e) medical pilot scheme employees, other than registered doctors or those employed by an NHS Trust, will be treated as practice staff;

(f) dental pilot scheme employees (other than registered dentists and dental therapists covered by (g) below) will only be eligible to be members of the scheme if they were members immediately prior to the commencement of the pilot;

(g) dental therapists involved in pilot schemes, whether as providers or performers, who were not previously members of the scheme, will be eligible to join;

(h) the pilot scheme provider is responsible for paying employer contributions for all members who are pilot scheme employees and for any registered dentists engaged by him as self-employed contractors.

Regulation 10 amends Schedule 1–

(a) to correct an error in the definition of “Doctors' Retainer Scheme”;

(b) to extend the definition of “pensionable earnings” for practitioners employed as pilot scheme employees so as to include dental pilot scheme employees and registered dentists engaged as contractors by pilot scheme providers;

(c) to extend the provision for pilot scheme providers and employees who are absent from work by reason of illness or injury to be treated as practitioners and officers respectively so as to cover registered dentists engaged as contractors by pilot scheme providers and dental pilot scheme employees.

These Regulations do not impose any costs on business.

(1)

1972 c. 11; section 10 was amended by Part II of Schedule 7 to the National Health Service (Scotland) Act 1972 (c. 58) and sections 10(2A), (3A) and (6) and 12(4A) were inserted, and sections 10(1) and 12(2) and (4) amended, by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7), sections 4(2), 8(5) and 10; section 10(6) was amended by the Pension Schemes Act 1993 (c. 48), Schedule 8, paragraph 7.

(2)

See the Superannuation Act 1972, section 10(1) and the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670), article 2.

(3)

S.I. 1995/365, amended by S.I. 1997/1434, 1997/1916 and 1998/1593.

(4)

S.I. 1986/887, to which there are amendments not relevant to these Regulations.

(5)

Inserted by S.I. 1998/1593.

(6)

Inserted by S.I. 1998/1593.

(7)

1984 c. 24.

(8)

Inserted by S.I. 1997/1916 and amended by S.I. 1998/1593.

(9)

Inserted by S.I. 1997/1916 and amended by S.I. 1998/1593.

(10)

Regulation Q1(1) was amended by S.I. 1998/1593.

(11)

Inserted by S.I. 1998/1593.

(12)

Inserted by S.I. 1997/1916.

(13)

Sub-paragraph (3) was inserted by S.I. 1998/1593.

(14)

Sub-paragraph (6) was inserted by S.I. 1998/1593.