The National Health Service Pension Scheme Amendment (No. 2) Regulations 1998

Amendment of regulation R11

8.  For regulation R11(1) (participators in pilot schemes) substitute the following regulation–

“Participators in pilot schemes

R11.— (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 is, in relation to the pilot scheme, a person providing piloted services, a medical pilot scheme employee, or a dental pilot scheme employee; and

(ii) who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,

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

(b) 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 Authority;

(c) a registered dentist shall be treated as an officer if–

(i) he is a dental pilot scheme employee; and

(ii) immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and

(iii) his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;

(d) a registered medical practitioner or a registered dentist, to whom paragraph (a) above does not apply, shall–

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

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

(f) a member who, immediately prior to 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 Authority;

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

(h) 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 Authority as an NHS dental employee; and

(iii) was at that time a member,

shall continue to be eligible to be a member;

(i) 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.

(2) In paragraph (1) above “relevant Health Authority” means the Health Authority which has made an agreement with a person for that person to provide piloted services in the Health Authority’s area.”.

(1)

Regulation R11 was inserted by S.I. 1998/666.