- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for The National Health Service Pension Scheme Regulations 1995, Section B1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
B1.—(1) Subject to regulation B2 (restrictions on membership) [F2and B3 (restriction on further participation in [F1this Section of] the scheme)], the following persons are eligible to join the scheme—
(a)officers; and
(b)medical and dental practitioners and [F3specialist trainees in general practice].
[F4(2) Subject to paragraph (3), each eligible person will be included in this Section of the scheme—
(a)automatically on commencing NHS employment;
(b)where the person has previously opted out of this Section of the scheme, on the date determined under paragraph (5) of regulation B4 where that paragraph applies: this is subject to regulation B4(6);
(c)subject to regulation B4(6), where the person has previously opted out of this Section of the scheme and is a person to whom section 3 or section 5 of the 2008 Act applies—
(i)on that person’s automatic enrolment date, or
(ii)on that person’s automatic re-enrolment date, except where the notice referred to in regulation B4(1) was given within the 12 months immediately preceding that date.]
(3) A person who, on the coming into force of these Regulations, is not included in [F1this Section of] the scheme will not be included in [F1this Section of] the scheme automatically, but, if eligible, may join [F1this Section of] the scheme by applying on a form provided by the employing authority.
[F5(3A) A person who was a member of the NBSBPS (including a pensioner or deferred member) on 31st August 2007 may, if the Secretary of State considers it appropriate and regulation R8A applies, be a member of [F1this Section of] the scheme.]
[F6(3B) A person—
(a)who—
(i)was in pensionable employment on 31 March 2012 but ceased to be so after that date, or
(ii)ceased NHS employment before 1 April 2012,
(iii)is not the subject of a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967,
(b)who would, if paragraph (a) did not apply, fall within regulation B3(8G) to [F7(8U)], and
(c)to whom the Treasury’s guidance “Fair Deal for staff pensions: staff transfer from central government” applies,
may, if the Secretary of State considers it appropriate and makes a direction under 7 of the Superannuation (Miscellaneous Provisions) Act 1967, be a member of this Section of the scheme.]
(4) A person who is included in [F1this Section of] the scheme may opt–out at any time in accordance with regulation B4 (opting–out of [F1this Section of] the scheme).
Textual Amendments
F1Words in reg. B1 inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 1
F2Words in reg. B1(1) inserted (1.7.2009) by The National Health Service Pension Scheme (Amendment) Regulations 2009 (S.I. 2009/1298), regs. 1, 2(2)
F3Words in reg. B1(1)(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), 5(2)
F4Reg. B1(2) substituted (with effect from 1.3.2013) by The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013 (S.I. 2013/413), regs. 1(2)(5)(b), 5(3)
F5Reg. B1(3A) inserted (1.9.2007) by The National Health Service Pension Scheme (Amendment) Regulations 2007 (S.I. 2007/2054), regs. 1, 2(3)
F6Reg. B1(3B) inserted (1.4.2015) by The National Health Service Pension Scheme (Transitional and Consequential Provisions) Regulations 2015 (S.I. 2015/95), reg. 1(b), Sch. 2 para. 2
F7Word in reg. B1(3B)(b) substituted (1.4.2015) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(8), 4 (with reg. 105)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.