The National Health Service Pension Scheme Regulations 1995

[F1 Approved Out of Hours providers E+W+S

A3.— (1) For the purposes of these Regulations, an “OOH provider” is—

(a) a company limited by guarantee (which is not otherwise an employing authority)—

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

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

(bb) registered 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,

(ii) which has a contract with [F2 a Clinical Commissioning Group, the National Health Service Commissioning Board], a Local Health Board, an APMS contractor or a GMS or PMS practice for the provision of OOH services, and

(iii) in respect of which [F3 a Clinical Commissioning Group, the National Health Service Commissioning Board] or Local Health Board appointed by the Secretary of State or the National Assembly of Wales to act on his or its behalf—

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

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

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

(b) some other body corporate (which is not otherwise an employing authority) which—

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

(ii) operates on a not-for-profit basis,

(iii) is not an associated company in relation to another person,

(iv) has memorandum or articles or rules that—

(aa) prohibit the payment of dividends to its members,

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

(cc) 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,

(v) has at least one member who is—

(aa) an APMS contractor, a GMS practice or a PMS practice,

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

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

(vi) has a contract with [F4 a Clinical Commissioning Group, the National Health Service Commissioning Board] or Local Health Board, an APMS contractor, a GMS practice or a PMS practice, for the provision of OOH services, and

(vii) is approved as an employing authority by [F5 a Clinical Commissioning Group, the National Health Service Commissioning Board] or Local Health Board appointed by the Secretary of State to act on his behalf—

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

(bb) that [F6 Group] or Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

(2) For the purposes of paragraph (1)(b)(iii), a body corporate is to be treated as another person’s “associated company” if that person has control of it, except where that person is an employing authority; and for these purposes a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect, control over its affairs.

(3) 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 shall make a written application to [F7 a Clinical Commissioning Group, the National Health Service Commissioning Board] or Local Health Board appointed by the Secretary of State to act on his behalf (“the [F7 appointed Group] or Board”).

(4) An application referred to in paragraph (3) may specify the date from which approval by the appointed [F8 Group] or Board (if given) shall have effect (“the nominated date”).

(5) Where, before 30th June 2005—

(a) a company limited by guarantee or other body corporate makes an application which contains a nominated date earlier than the date on which approval is subsequently given (“the approval date”); and

(b) the appointed [F9 Group] or Board is satisfied that, throughout the period beginning with the nominated date and ending with the approval date, the company or other body corporate has satisfied the conditions for approval,

that approval shall be treated as having been given on the nominated date.

(6) Where, before 30th June 2005—

(a) a company limited by guarantee or other body corporate makes an application which contains a nominated date later than the approval date; and

(b) the appointed [F10 Group] or Board is satisfied that the company or other body corporate will satisfy the conditions for approval at that later date,

that approval shall take effect on the nominated date.

(7) Where, on or after 30th June 2005, a company limited by guarantee or other body corporate makes an application and—

(a) the appointed [F11 Group] or Board is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

(b) it approves that application,

that approval shall take effect on the later of the nominated date and the approval date.

(8) Where—

(a) paragraph (5) or (6) applies, NHS employment shall be treated as commencing on the nominated date;

(b) paragraph (7) applies, it shall be treated as commencing on the later of the nominated date (if any) and the approval date.

(9) For the purposes of this regulation—

(a) the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be; and

(b) the “nominated date” cannot be a date earlier than 1st April 2004.

(10) The appointed [F12 Group] or Board may give an OOH provider a notice in writing terminating its participation in the scheme where that provider—

(a) does not have in force a guarantee, indemnity or bond as required by the Secretary of State in accordance with regulation D2(9);

(b) has ceased to satisfy the conditions for approval;

(c) has notified the [F12 Group] or Board 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 (“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,

(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 an instrument of dissolution has been drawn up in accordance with section 58 of the Industrial and Provident Societies Act 1965, or

(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 XX of the Companies Act 1985.

(11) An OOH provider—

(a) shall give the appointed [F13 Group] or Board notice in writing upon the occurrence of any of the events referred to in (10)(c) and shall give such notice on the same day as that event;

(b) that wishes to cease to participate in the scheme shall give the appointed [F13 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.

(12) An OOH provider shall cease to participate in the scheme on—

(a) such date as the appointed [F14 Group] or Board may specify in a notice under paragraph (10);

(b) the day upon which the period referred to in paragraph (11)(b) expires where a notice under that sub-paragraph (b) has been given.]

Textual Amendments

F1 Reg. A3 inserted (with effect from 1.4.2004) by The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2005 (S.I. 2005/661), regs. 1(1), 3

F2 Words in reg. A3(1)(a)(ii) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(2)(i)

F3 Words in reg. A3(1)(a)(iii) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(2)(i)

F4 Words in reg. A3(1)(b)(vi) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(2)(ii)(aa)

F5 Words in reg. A3(1)(b)(vii) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(2)(ii)(aa)

F6 Word in reg. A3(1)(b)(vii)(bb) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(2)(ii)(bb)

F7 Words in reg. A3(3) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(3)

F8 Word in reg. A3(4) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F9 Word in reg. A3(5)(b) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F10 Word in reg. A3(6)(b) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F11 Word in reg. A3(7)(a) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F12 Word in reg. A3(10) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F13 Word in reg. A3(11) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)

F14 Word in reg. A3(12) substituted (1.4.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2), 4(4)