The National Health Service Pension Scheme Regulations 2015

PART 9 E+W General

Definitions E+W

163.  The expressions listed in column 1 of the Table in Schedule 15 have the meaning given by the corresponding entry in column 2.

OOH provider E+W

164.—(1) A reference to an OOH provider is a reference to a body within paragraph (2) or (3).

(2) A body is within this paragraph if it is a company limited by guarantee (which is not otherwise an employing authority)—

(a) in which all the members of the company are medical practitioners, APMS contractors, GMS practices or PMS practices, and the majority of those members are—

(i) APMS contractors, GMS practices or PMS practices whose APMS contracts, GMS contracts or PMS agreements require them to provide OOH services; or

(ii) medical practitioners who are partners or shareholders in an APMS contractor, a GMS practice or a PMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract, PMS agreement or APMS contract;

(b) which has a contract with [F1 an integrated care board], [F2 NHS England], a Local Health Board, an APMS contractor, a GMS practice or a PMS practice for the provision of OOH services; and

(c) in respect of which [F3 an integrated care board], [F4 NHS England] or Local Health Board appointed by the Secretary of State or the National Assembly of Wales to act on his or its behalf—

(i) is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

(ii) is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

(iii) has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority.

(3) A body is within this paragraph if it is a body corporate, other than a company limited by guarantee (which is not otherwise an employing authority) which—

(a) operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

(b) operates on a not-for-profit basis;

(c) is not an associated company in relation to another person;

(d) has memorandum or articles or rules that—

(i) prohibit the payment of dividends to its members; and

(ii) require its profits (if any) or other income to be applied to promoting its objects, and

(iii) require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto;

(e) has at least one member who is—

(i) an APMS contractor, a GMS practice or a PMS practice; or

(ii) a partner in a partnership that is an APMS contractor, a GMS practice or a PMS practice; or

(iii) a shareholder in a company limited by shares that is an APMS contractor, a GMS practice or a PMS practice;

(f) has a contract with [F5 an integrated care board], [F6 NHS England] or Local Health Board, an APMS contractor, a GMS practice or a PMS practice, for the provision of OOH services, and

(g) is approved as an employing authority by Clinical Commissioning [F7 integrated care board], [F8 NHS England] or Local Health Board appointed by the Secretary of State to act on the Secretary of State's behalf—

(i) pursuant to a written application made by the body to it for that purpose; and

(ii) that [F7 integrated care board] or Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

(4) For the purposes of paragraph (3)(c)—

(a) a body corporate is another person's associated company if the person—

(i) has control of it; and

(ii) is not an employing authority;

(b) a person is taken to have control of a body corporate if the person—

(i) exercises, or is able to exercise direct or indirect control over its affairs; or

(ii) is entitled to acquire such control.

(5) A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority must make a written application to [F9 an integrated care board], [F10 NHS England] or Local Health Board appointed by the Secretary of State to act on the Secretary of State's behalf [F11 (“the appointed NHS body”)].

(6) An application referred to in paragraph (5) may specify the date from which approval by [F12 the appointed NHS body] (if given) is to have effect (“the nominated date”).

(7) If a company limited by guarantee or other body corporate makes an application and—

(a) [F13 the appointed NHS body] is satisfied that the company or other body corporate is within paragraph (2) or (3), as the case may be or will be at a nominated date which is later than the approval date; and

(b) it approves that application, the approval takes effect on the later of the nominated date and the approval date.

(8) If paragraph (7) applies, NHS employment is treated as commencing on the later of the nominated date (if any) and the approval date.

(9) [F14 The appointed NHS body] may give an OOH provider a notice in writing terminating its participation in this scheme if the provider—

(a) does not have in force a guarantee, indemnity or bond as required by the scheme manager in accordance with regulation 165;

(b) has ceased to be within paragraph (2) or (3);

(c) has notified [F15 the appointed NHS body] that any one of the following events has occurred in respect of it—

(i) a proposal for a voluntary arrangement has been made or approved under Part I of the Insolvency Act 1986 M1 (“the 1986 Act”);

(ii) an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Schedule B1 to the 1986 Act M2 ;

(iii) a receiver, manager, or administrative receiver has been appointed under Part III of the 1986 Act;

(iv) a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part IV or Part V of the 1986 Act or pursuant to section 123 of the Co-operative and Community Benefit Societies Act 2014 M3 or an instrument of dissolution has been drawn up in accordance with section 119 of the Co-operative and Community Benefit Societies Act 2014;

(v) notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part 31 of the Companies Act 2006 M4 .

(10) An OOH provider—

(a) must give [F16 the appointed NHS body] notice in writing upon the occurrence of any of the events referred to in paragraph (9)(c) and must give the notice on the same day as the event;

(b) that wishes to cease to participate in this scheme must give both the appointed Group or Board and its employees not less than 3 months' notice in writing (to commence with the date of the notice) of that fact.

(11) An OOH provider must cease to participate in this scheme on—

(a) the date specified by [F17 the appointed NHS body] in a notice under paragraph (9);

(b) the day upon which the period referred to in paragraph (10)(b) expires if a notice under that provision has been given.

Textual Amendments

F1 Words in reg. 164(2)(b) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)

F2 Words in reg. 164(2)(b) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(2)(a)(i)

F3 Words in reg. 164(2)(c) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)

F4 Words in reg. 164(2)(c) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(2)(a)(ii)

F5 Words in reg. 164(3)(f) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)

F6 Words in reg. 164(3)(f) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(2)(b)(i)

F7 Words in reg. 164(3)(g)(ii) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(a)

F8 Words in reg. 164(3)(g) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(2)(b)(ii)

F9 Words in reg. 164(5) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)

F10 Words in reg. 164(5) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(2)(c)

F11 Words in reg. 164(5) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(b)

F12 Words in reg. 164(6) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(c)

F13 Words in reg. 164(7)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(d)

F14 Words in reg. 164(9) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(e)(i)

F15 Words in reg. 164(9)(c) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(e)(ii)

F16 Words in reg. 164(10) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(f)

F17 Words in reg. 164(11)(a) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(2)(g)

Marginal Citations

M1 1986 c.46.

M2 Schedule B1 was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002 (c.40).

M3 2014 c.14.

M4 2006 c.46.

Guarantees, bonds and indemnities E+W

165.—(1) This regulation applies if—

(a) an employing authority fails or has at any time in the past failed, to pay or to remit contributions in accordance with regulation 30 to 35, 48, 57 or 62; and

(b) the authority is—

(i) a GMS practice;

(ii) a PMS practice;

(iii) an APMS contractor; or

(iv) an OOH provider.

(2) The scheme manager may require the authority to have in force a guarantee, indemnity or bond which provides for payment to the scheme manager, if the authority fails to meet them, of all future liabilities under—

(a) this scheme; or

(b) the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 M5 .

(3) The guarantee, indemnity or bond must be in such form, in respect of such amount and provided by such person as the Secretary of State approves for the purpose.

Marginal Citations

M5 S.I. 2000/619 as amended by S.I. 2001/1428 and 3649, 2002/610, 2005/3074, 2006/600, 2007/3280, 2008/655, 2009/2446, 2010/492, 2011/2586, 2013/413, 2014/78 and 2015/96.

Medical practitioner E+W

166.—(1) References to a medical practitioner must be construed in accordance with this regulation.

(2) A medical practitioner is a fully registered person—

(a) whose name is included in a medical performers list; and

(b) to whom any of paragraphs (3) to (7) apply.

(3) This paragraph applies to—

(a) a GMS practice,

(b) a PMS practice,

(c) an APMS contractor, or

(d) an OOH provider.

(4) This paragraph applies to a partner in a partnership that is—

(a) a GMS practice,

(b) a PMS practice, or

(c) an APMS contractor,

[F18 (d) a primary care network management company.]

(5) This paragraph applies to a shareholder in a company limited by shares that is—

(a) a GMS practice,

(b) a PMS practice, or

(c) an APMS contractor,

[F19 (d) a primary care network management company.]

(6) This paragraph applies to an ophthalmic provider.

(7) This paragraph applies to a person—

(a) who is employed by a GMS practice, a PMS practice, an APMS contractor, an OOH provider or a Local Health Board [F20 or a primary care network management company] wholly or mainly to assist the employer in the discharge of the employer's duties as a GMS practice, a PMS practice, an APMS contractor, an OOH provider or a Local Health Board [F20 or as a party to a primary care network standard sub-contract] (as the case may be), or

(b) who participates in a doctors' retainer scheme,

if the person performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services, certification services, Board and advisory work, health-related functions exercised under section 75 of the 2006 Act, NHS 111 services, pharmaceutical services, general ophthalmic services, primary dental services, services under an NHS standard contract[F21 , an NHS standard sub-contract] or a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and services, practice based services education or training, or organising the education or training of medical students or practitioners (or a combination of those services) as or on behalf of that practice, contractor or provider.

(8) A person who is a GP registrar is not a medical practitioner.

(9) A reference to a fully registered person must be construed in accordance with section 55 of the Medical Act 1983 M6 .

(10) An ophthalmic provider is a fully registered person who—

(a) as regards England—

(i) is included in an ophthalmic performers list prepared and published by [F22 NHS England] pursuant to regulation 3(1) of the National Health Service (Performers Lists) (England) Regulations 2013 M7 ; and

(ii) holds a GOS contract;

[F23 (b) in Wales, is included in an ophthalmic list (as defined in regulation 10(2) of the National Health Service (Ophthalmic Services) (Wales) Regulations 2023) prepared and published by a Local Health Board in accordance with Chapter 2 of Part 4 of those Regulations.]

Textual Amendments

F18 Reg. 166(4)(d) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 16(2)

F19 Reg. 166(5)(d) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 16(2)

F20 Words in reg. 166(7) inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 16(3)

F21 Words in reg. 166 inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 44

F22 Words in reg. 166(10)(a)(i) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 77(3)

F23 Reg. 166(10)(b) substituted (20.10.2023) by The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053), reg. 1(2), Sch. 6 para. 7(2)

Marginal Citations

M6 1983 c.54. The definition of “fully registered person” has been amended by S.I. 2000/3041, 2006/1914, 2007/3101 and 2008/1774.

M7 S.I. 2013/335.