- Latest available (Revised)
- Point in Time (01/04/2021)
- Original (As made)
Point in time view as at 01/04/2021.
There are currently no known outstanding effects for the The National Health Service Superannuation Scheme (Scotland) Regulations 2011, PART U.
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.
U1. In any particular case, the Scottish Ministers may extend any time limit mentioned in these Regulations.
U2.—(1) The Scottish Ministers must determine any question concerning any person's rights or liabilities under these Regulations.
(2) Any dispute shall be resolved in accordance with the dispute resolution procedure issued from time to time by the Scottish Ministers in conformity with section 50 of the 1995 Act.
(3) In making a determination under the regulations referred to in paragraph (4) [F1or in making a decision referred to in paragraph (5),] the Scottish Ministers may require any person requesting a determination to submit to a medical examination by a registered medical practitioner selected by the Scottish Ministers, and in that event, the Scottish Ministers must—
(a)also offer the person an opportunity of submitting a report from the person's own medical adviser as a result of an examination by that medical adviser; and
(b)take that report into consideration together with the report of the medical practitioner selected by the Scottish Ministers.
(4) The regulations referred to in paragraph (3) are—
(a)regulations E2, E3, E4, E5 and E12 in relation to physical or mental incapacity;
(b)regulations G8(3) F2... and G15(2) in relation to incapacity to earn a living because of physical or mental infirmity;
(c)regulation H1(7) in relation to incapacity to earn a living because of permanent physical or mental infirmity;
(d)regulation J1(6) in relation to the member's good health; and
(e)regulations E1(4), E3(8) [F3, E12 and V17], in relation to the life expectancy of the member.
[F4(5) The decision referred to for the purposes of paragraph (3) is a decision as to whether a person is able to satisfy the severe ill-health condition for the purposes of section 229(3)(a) of the 2004 Act (total pension input amount).]
Textual Amendments
F1Words in reg. U2(3) inserted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/163), regs. 1(2), 9(a) (with reg. 30)
F2Word in reg. U2(4)(b) omitted (with effect in accordance with reg. 1(7) of the amending S.S.I.) by virtue of The National Health Service Superannuation and Pension Schemes (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/102), regs. 1(2), 27
F3Words in reg. U2(4)(e) substituted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/163), regs. 1(2), 9(b) (with reg. 30)
F4Reg. U2(5) inserted (with effect in accordance with reg. 1(5) of the amending S.S.I.) by The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2012 (S.S.I. 2012/163), regs. 1(2), 9(c) (with reg. 30)
U3.—(1) The Scottish Ministers are to keep accounts of the scheme in a form approved by the Treasury.
(2) The accounts are to be open to examination by the Auditor General for Scotland.
(3) In respect of a member, an employing authority must keep a record of all—
(a)contributions paid under regulations D1, Q5 and Q8;
(b)contributions due under regulations D1, Q5 and Q8, but unpaid;
(c)contributions paid under regulation D2(1);
(d)contributions due under regulation D2(1), but unpaid;
(e)hours, half-days or sessions constituting part-time pensionable employment for the purposes of regulation C4;
(f)pensionable pay;
(g)absences from work referred to in regulations P1, P2 and P3;
(h)commencement and termination of pensionable employment;
(i)reason for termination of pensionable employment.
(4) That record is to be kept in a manner approved by the Scottish Ministers.
(5) Except where the Scottish Ministers waive such a requirement, an employing authority must within 2 calendar months of the end of each scheme year provide to the Scottish Ministers a statement in respect of the matters referred to in paragraph (3) in respect of all scheme members.
(6) Where an employing authority has provided the information in accordance with paragraph (5) and there is then a change to any of the information provided, that employing authority must, within 1 month of the change, provide the Scottish Ministers with the revised information.
(7) In respect of each scheme year an employing authority must, within 2 months of a request and in a manner specified by the Scottish Ministers, provide them with a statement of the total contributions paid for all scheme members under regulations D1, D2(1), Q5 and Q8.
(8) Where an employing authority has provided a statement under paragraph (7) and there is a revision to the total contributions paid, that employing authority must, within 1 month of the change, provide the Scottish Ministers with the revised total.]
Textual Amendments
F5Reg. U3 substituted (28.6.2014) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 13
F6U4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Reg. U4 omitted (with effect in accordance with reg. 1(8) of the amending S.S.I.) by virtue of The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/109), regs. 1(2), 24 (with reg. 71)
U5.—(1) The Scottish Ministers must provide a benefit information statement to each member in accordance with—
(a)section 14 (information about benefits) of the 2013 Act; and
(b)any Treasury directions given from time to time pursuant to that section.
(2) Paragraph (1) does not provide a right for a member to request a benefit information statement.
(3) The Scottish Ministers are only required to provide a member with one benefit information statement per scheme year.
(4) A benefit information statement provided pursuant to paragraph (1) is to be treated as though it is the information mentioned in regulation 16(2)(a) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 for the purposes of determining whether or not information must be given under regulation 16(1) of those Regulations.]
Textual Amendments
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: