(1)[F1The Secretary of State] (hereafter in this section referred to as “the Minister”) may direct that regulations made under [F2section 10 of the M1Superannuation Act 1972] shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction—
(a)who is—
(i)wholly or mainly engaged in health services, whether provided under [F3the National Health Service Act 2006, the National Health Service (Wales) Act 2006 ] or otherwise, but not provided by a . . . F4 local authority; or
(ii)an officer of a government department serving on the medical or nursing staff of that department or at or for the purposes of a hospital maintained by that department,
and who, if he were in the employment of an employing authority within the meaning of those regulations, would be an officer within the meaning of those regulations; or
(b)who is a member of a body constituted under [F5the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, other than an NHS trust or an NHS foundation trust],
or to any class so specified of such persons, as if the person, or any person of the class, so specified were, within the meaning of the said regulations, an officer in the employment of an employing authority, and in that event the regulations shall apply accordingly and [F2any scheme under section 1 of the said Act of 1972], if otherwise applicable, shall not apply, or shall cease to apply, to that person.
(2)Where any person [F6while continuing in or], within twelve months after leaving employment in which he was entitled to participate in superannuation benefits provided under the said [F7section 10] (any period spent by that person on an approved course of study or training within the meaning of regulations made under that section being left out of account), enters such other employment as may be approved by the Minister for the purposes of this subsection, the Minister may direct that regulations so made shall, subject to such modifications as may be provided in the direction, apply to that person as if, while in that other employment, he were, within the meaning of those regulations, an officer in the employment of an employing authority, and in that event those regulations shall apply accordingly.
(3)A direction under subsection (1) or (2) of this section may be expressed to take effect as from the date of a person’s entry into employment notwithstanding that the direction, or the approval of that employment for the purposes of the said subsection (2), was not given until after that date.
(4)A direction given, or deemed under subsection (6) of this section to have been given, under subsection (1) or (2) of this section shall not be varied or revoked by a subsequent direction so as to exclude from the benefits provided under the said [F7section 10] any person previously entitled thereto unless—
(a)the Minister is satisfied that other suitable superannuation arrangements are available for that person; and
(b)that person consents to his being so excluded;
and where the subsequent direction results in such an exclusion of any such person, it may contain provision for the payment of a transfer value in respect of that person.
(5)The foregoing provisions of this section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for references to [F8the National Health Service Act 2006] . . . F9 of references . . . F9 to the National Health Service (Scotland) M2[F10Act 1978] . . . F9
(6)The following provisions are hereby repealed or revoked, namely—
(a)section 19 of the M3National Health Service (Amendment) Act 1949;
(b)regulation 60 of the M4National Health Service (Superannuation) Regulations 1961;
(c)regulation 57 of the M5National Health Service (Superannuation)(Scotland) Regulations 1961;
but any direction or approval given, or having effect as if given, under any of those provisions and in force immediately before the commencement of this section shall be deemed to have been given under and for the purposes of the corresponding provision of this section.
Textual Amendments
F1Words substituted (for words “the Minister of Health”) by virtue of S.I. 1968/1699, arts. 2, 5(4)(a)
F2Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 66(a)
F3Words in s. 7(1)(a)(i) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 29(a) (with Sch. 3 Pt. 1)
F4Words repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F5Words in s. 7(1)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 29(b) (with Sch. 3 Pt. 1)
F6Words inserted by Superannuation Act 1972 (c. 11), s. 10(5)
F7Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 66(b)
F8Words in s. 7(5) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 29(c) (with Sch. 3 Pt. 1)
F9Words repealed by Superannuation Act 1972 (c. 11), Sch. 8
F10Words substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 24
Modifications etc. (not altering text)
C1S. 7: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
Marginal Citations