The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006

Amendment of regulation A2 of the Pension Scheme Regulations

2.—(1) Regulation A2 of the Pension Scheme Regulations (interpretation) is amended in accordance with this regulation.

(2) Omit the definitions of “assistant practitioner”, “dental hygienist”, “dental list”, “dental pilot scheme employee”, “dental therapist”, “personal dental services”, “pilot scheme”, “piloted services”, “principal practitioner” and “registered dentist”.

(3) Insert each of the following definitions at the appropriate place in the alphabetical order—

““the 2004 Act” means the Finance Act 2004(1);

“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under section 28X of the 1977 Act(2) (persons performing primary medical and dental services);

“dentist performer” means a dental practitioner whose name is included in a dental performers list and who performs primary dental services under—

(a)

a GDS contract;

(b)

a PDS agreement to which a PDS contractor is a party; or

(c)

a contract for services with a Primary Care Trust or a Local Health Board which relates to arrangements under which it provides primary dental services under—

(i)

section 16CA(2) of the 1977 Act (primary dental services), or

(ii)

a PDS agreement to which a PDS contractor is not a party,

except that a vocational trainee who is undertaking vocational training and is in the first two months of that training need not have his name included in a dental performers list in order to be a dentist performer;

“GDS contract” means a general dental services contract under section 28K of the 1977 Act(3) (general dental services contracts: introductory);

“GDS contractor” means a person who is a party to a GDS contract, other than a Primary Care Trust or a Local Health Board;

“lump sum rule” has the meaning given in section 166 of the 2004 Act;

“lump sum death benefit rule” has the meaning given in section 168 of the 2004 Act;

“normal minimum pension age” has the meaning given in section 279 of the 2004 Act;

“PDS agreement” means section 28C arrangements under which primary dental services are provided;

“PDS contractor” means a person who is a party to a PDS agreement who is neither a Primary Care Trust, nor a Strategic Health Authority, nor a Local Health Board;

“protected pension age” means the pension age provided for in Part 3 of Schedule 36 to the 2004 Act for the purposes of that Part (which deals with pre-commencement benefit rights and the right to take benefit before normal minimum pension age) where the conditions specified in that Part are satisfied;

“type 1 dental practitioner” means a dentist performer who is not a type 2 dental practitioner;

“type 1 medical practitioner” means a GP provider who is not a type 2 medical practitioner;

“type 1 practitioner” means a type 1 dental practitioner or a type 1 medical practitioner;

“type 2 dental practitioner” means—

(a)

a vocational trainee who is employed by a GDS or PDS contractor; or

(b)

a dentist performer with a contract for services with a Primary Care Trust or Local Health Board which relates to arrangements under which the Trust or Board provides primary dental services under—

(i)

section 16CA(2) of the 1977 Act (primary dental services), or

(ii)

a PDS agreement to which a PDS contractor is not a party;

“type 2 medical practitioner” means a GP performer who—

(a)

is not a GP provider, and—

(i)

is employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board, and

(ii)

in that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer’s duties as a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board; or

(b)

is participating in a Doctors' Retainer Scheme;

“type 2 practitioner” means a type 2 dental practitioner or a type 2 medical practitioner; and

“vocational trainee” means a dentist performer who is employed as a vocational trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a director of postgraduate dental education;”.

(4) In—

(a) paragraph (c) of the definition of “GP performer”, for “by it to provide” substitute “under which it provides primary medical”;

(b) paragraph (b) of the definition of “host Trust or Board”, before “practitioner” insert “registered medical”;

(c) the definition of “PMS agreement”, for “the 1977 Act” substitute “which primary medical services are provided”;

(d) the definition of “practice staff”, for “an assistant practitioner, a principal practitioner, a trainee practitioners,” substitute “a registered medical practitioner, a trainee practitioner”;

(e) the definition of “practitioner”, for sub-paragraph (b) substitute the following—

“(b) a dentist performer;”.

(5) For the definition of “NHS dental employee”, “occupational pension scheme” and “personal pension scheme” respectively, substitute—

““NHS dental employee” means an individual who is not a practitioner and who, in connection with the provision of dental health services in the health service, is employed under a contract of service by—

(a)

a Strategic Health Authority;

(b)

a National Health Service trust;

(c)

a NHS foundation trust;

(d)

a Primary Care Trust; or

(e)

a Local Health Board;

“occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which—

(a)

in the case of such a scheme established on, or after, the 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of regulations M and N;

(b)

in the case of such a scheme established before that date, was—

(i)

approved by the Commissioners for Her Majesty’s Revenue and Customs(4) for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefits schemes) or whose application for approval under that Chapter was under consideration,

(ii)

a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or

(iii)

a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applied (superannuation funds approved before 6th April 1980),

and on 6th April 2006 became a registered pension scheme for the purposes of the 2004 Act.

“personal pension scheme” means a personal pension scheme which—

(a)

in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of regulations M and N;

(b)

in the case of a scheme established before that date, was—

(i)

approved by the Commissioners for Her Majesty’s Revenue and Customs for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes), and

(ii)

on the 6th April 2006 became a registered pension scheme for the purpose of the 2004 Act;”.

(1)

2004 c. 12.

(2)

Section 28X was inserted by section 179(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(3)

Section 28K was inserted by section 172(1) of the Health and Social Care (Community Health and Standards) Act 2003.

(4)

The functions of the Commissioners for Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11).