The National Health Service Pension Scheme (Scotland) Regulations 2008

Determination of questions

2.J.10—(1) Except as otherwise provided by this Part, any question arising under the scheme is to be determined by the Scottish Ministers.

(2) Any such disagreement as is referred to in section 50 of the 1995 Act (resolution of disputes) must be resolved by the Scottish Ministers in accordance with any arrangements applicable under that section.

(3) The Scottish Ministers, in relation to decisions within paragraph (4), may require a person to submit to a medical examination by a registered medical advisor selected by the Scottish Ministers and the Scottish Ministers in making any decision must take that report into consideration together with any medical evidence submitted by the person.

(4) This paragraph applies to any decision as to a person’s health or degree of physical or mental infirmity or impairment that is required for the purposes of this Part and, in particular, any such decision required for the purposes of–

(a) regulation 2.D.8(2)(a) or (3)(a) (early retirement on ill health (active members));

(b) regulation 2.D.9(1)(a) or (b) or (3) (provisional ill health awards);

(c) regulation 2.D.10(1)(a) or (2)(a) (early retirement on ill health (deferred members);

(d) regulation 2.D.19(6)(b) (procedure for allocation election under regulation 2.D.18);

(e) regulation 2.E.9(1)(b)(ii) (meaning of “dependent child”); or

(f) regulation 2.J.4(1) (beneficiaries who are incapable of looking after their affairs).