The National Health Service Pension Scheme Regulations 1995

Changes over time for: Section A2

Version Superseded: 14/12/2007

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InterpretationE+W+S

A2. In these Regulations—

“the previous regulations” means the National Health Service (Superannuation) Regulations 1980 M1;
[F1“the 1977 Act” means the National Health Service Act 1977;]
[F2“the 1993 Act” means the Pension Schemes Act 1993;]
[F3“1997 Act” means the National Health Service (Primary Care) Act 1997]
[F2“the 1999 Act” means the Welfare Reform and Pensions Act 1999;]
[F4“the 2004 Act” means the Finance Act 2004;]
[F5“additional services”, with regard to—
(a)
a GMS practice—
(i)
in relation to England, has the meaning given in regulation 2(1) of the GMS Contracts (England) Regulations (interpretation);
(ii)
in relation to Wales, has the meaning given in regulation 2(1) of the GMS Contracts (Wales) Regulations (interpretation), or
(b)
any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in regulation 2(1) of those Regulations;
“APMS contract” means arrangements under section 16CC(2)(b) of the 1977 Act (primary medical services) between a Primary Care Trust or Local Health Board and an APMS contractor;
“APMS contractor” means a person with whom a Primary Care Trust or Local Health Board has made arrangements under section 16CC(2)(b) of the 1977 Act, but only if that person is also a person who has entered into, or would be eligible to enter into, a GMS contract or a PMS agreement for the provision of primary medical services;]
F6...
F7...
[F5“bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971;]
“buy–out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the Pension Schemes Act 1993 M2 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and satisfies any requirements of the Inland Revenue and “buy out” shall be construed accordingly;
[F5“CCT” means Certificate of Completion of Training awarded under article 8 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;]
“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the Pension Schemes Act 1993;
[F5“certification services” means –
(a)
in relation to England, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (England) Regulations (list of prescribed medical certificates);
(b)
in relation to Wales, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (Wales) Regulations (list of prescribed medical certificates);]
“contracting–out requirements” means the requirements mentioned in section 9(2) of the Pension Schemes Act 1993;
[F5“core hours” means the period beginning at 8am and ending at 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;]
F6...
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[F4“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under section 28X of the 1977 Act (persons performing primary medical and dental services);]
F6...
F6...
[F4“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;]
“dependent child” is to be construed in accordance with regulation H1;
[F5“dispensing services” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a registered medical practitioner in accordance with arrangements made under regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 (arrangements for the provision of pharmaceutical services by doctors);]
“employing authority” means—
(za)
[F8a Strategic Health Authority established under section 8 of the National Health Service Act 1977;]
(a)
[F9a Health Authority established under section 8 of the National Health Service Act 1977;
(aa)
a Special Health Authority established under section 11 of that Act;]
(b)
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bb)
[F11a Primary Care Trust established under section 16A of that Act;]
(bbb)
[F12a Local Health Board established under section 16BA of that Act,]
(c)
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 M3, F13...
(cc)
[F14an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,]
(d)
any other body that is constituted under an Act relating to health services and which the Secretary of State agrees to treat as an employing authority for the purposes of the scheme [F15, F16...]
(e)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)
[F18a person who is providing piloted services;]
(g)
[F19an OOH provider,
(h)
an APMS contractor,
(i)
a GMS practice,
(j)
a PMS practice;]
[F5“enhanced services”, with regard to—
(a)
a GMS practice, has the meaning given in regulation 2(1) of the GMS Contracts Regulations, or
(b)
any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be enhanced services within the meaning given in regulation 2(1) of those Regulations,
“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the GMS Contracts Regulations (whether provided by a GMS practice, a PMS practice or an APMS contractor);]
“final year’s pensionable pay” has the meaning given in regulation C1(6);
[F4“GDS contract” means a general dental services contract under section 28K of the 1977 Act (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;]
[F5“GMS contract” means—
(a)
in relation to England, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (entitlement to a contract under section 176(3) of the 1977 Act);
(b)
in relation to Wales, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 (entitlement to a contract under section 176(3) of the 1977 Act);
“the GMS Contracts (England) Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004;
“the GMS Contracts (Wales) Regulations” means the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004;
“GMS practice” means—
(a)
a registered medical practitioner,
(b)
two or more individuals practising in partnership, or
(c)
a company limited by shares,
with whom a Primary Care Trust or Local Health Board has entered into a GMS contract;
“GP performer” means a registered medical practitioner, other than a trainee practitioner or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services (or a combination thereof)—
(a)
under a GMS contract, PMS agreement or APMS contract,
(b)
on behalf of an OOH provider, or
(c)
under a contract of service or for services with a Primary Care Trust or a Local Health Board which relates to arrangements [F20under which it provides primary medical] services—
(i)
under section 16CC(2)(a) of the 1977 Act (primary medical services),
(ii)
under section 28C arrangements made between a Primary Care Trust or a Local Health Board and a Strategic Health Authority;
“GP provider” means a GP performer who is—
(a)
a GMS practice, a PMS practice or an APMS contractor,
(b)
a partner in a partnership that is a GMS practice, a PMS practice or an APMS contractor, or
(c)
a shareholder in a company limited by shares that is a GMS practice, PMS practice or APMS contractor,
and who performs medical services as or on behalf of that practice or contractor;
“GP trainer” means a registered medical practitioner who is—
(a)
until the coming into force for all purposes of article 4(5)(d) of the General Specialist Medical Practice (Education, Training and Qualifications) Order 2003, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, or
(b)
from the coming into force for all purposes of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i);]
“guaranteed minimum pension” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the Pension Schemes Act 1993;
[F5“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;]
[F21“the health service” has the meaning given in section 128(1) of the 1977 Act;]
“health service scheme” has the meaning given in regulation R8(1);
[F5“host Trust or Board”—
(a)
in respect of a non-GP provider who is—
(i)
a partner in a partnership—
(aa)
that is a GMS practice;
(bb)
that has entered into a PMS agreement or is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;
(ii)
a shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services;
(iii)
an individual who is a PMS practice or an APMS contractor,
means the Primary Care Trust or Local Health Board with which that partnership (in the case of (i)), company (in the case of (ii)) or practice or contractor (in the case of (iii)) has entered into an agreement or contract referred to in those provisions;
(b)
in respect of a [F22registered medical] practitioner, means the Primary Care Trust or Local Health Board on whose medical performers list his name appears;]
[F23“locum practitioner” has the meaning given in paragraph 1 of Schedule 2;]
[F4“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;]
[F24“medical performers list” means a list of registered medical practitioners prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004 (performers lists) or by a Local Health Board pursuant to regulation 3(1) of the National Health Service (Performers Lists) (Wales) Regulations 2004 (performers lists);]
F7...
“member”, except where the context otherwise requires, means a person who is in pensionable service under the scheme or a person who has been in such service and in respect of whom benefits under the scheme are, or will become, payable;
“mental health officer” has the meaning given in regulation R3(14);
[F25“NBSBPS” means the National Biological Standards Board Pension Scheme established on 1st July 1977;]
[F26“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;]
[F27“NHS employee” has the meaning given in section 2(3) of the 1997 Act;]
“NHS employment” means employment with an employing authority;
[F5“non-GP provider” means—
(a)
a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that practice;
(b)
a partner in a partnership—
(i)
all of whose members have entered into a PMS agreement for the provision of primary medical services, but
(ii)
who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;
(c)
a partner in a partnership that is an APMS contractor—
(i)
that has entered into an APMS contract for the provision of primary medical services, but
(ii)
who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;
(d)
a shareholder in a company limited by shares that is—
(i)
a GMS practice, or
(ii)
a PMS practice or APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services,
but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that company;
(e)
an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he participates in the provision of NHS services;]
[F2“normal benefit age”, in relation to the scheme, means the age of 60;]
[F4“normal minimum pension age” has the meaning given in section 279 of the 2004 Act;]
[F26“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 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.]
“officer” means a person [F28other than a GP performer] employed by an employing authority;
[F5“OOH provider” shall be construed in accordance with regulation A3;
“OOH services” means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice to patients to whom the practice is required by its GMS contract to provide essential services, would be or would be similar to essential services;]
“opting–out” and related expressions are to be construed in accordance with regulation B4;
[F5“out of hours period” means—
(a)
the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day,
(b)
the period between 6:30pm on Friday and 8am the following Monday, and
(c)
Good Friday, Christmas Day and bank holidays;]
“pay period” means, in the case of an officer, the period in respect of which each payment of salary or wages is made in accordance with the officer’s contract of employment and, in the case of a practitioner, any period of three months ending on the last day of March, June, September or December;
[F4“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;]
[F2“pension credit” means a credit under section 29(1)(b) of the 1999 Act and includes a credit under corresponding Northern Ireland legislation;
“pension credit benefit” has the meaning given by section 101B of the 1993 Act;
“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995;
“pension credit rights” has the meaning given by section 101B of the 1993 Act;
“pension sharing order or provision” means an order or provision which is mentioned in section 28(1) of the 1999 Act;]
“pensionable employment” means NHS employment in respect of which the member contributes to the scheme;
“pensionable pay” has the meaning given in regulation C1;
“pensionable service” has the meaning given in regulation C2;
F6...
[F29“personal medical services” has the meaning given in section 1(8) of the 1997 Act;]
[F26“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;]
F6...
F30...
F6...
[F5“PMS agreement” means section 28C arrangements under [F31which primary medical services are provided] or a transitional agreement under Part 4 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004;
“PMS practice” means—
(a)
an individual,
(b)
two or more individuals practising in partnership, or
(c)
a company limited by shares,
with whom or with whose members a Primary Care Trust or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by the Primary Care Trust or Local Health Board);]
[F24“practice staff” means a person (other than [F32a registered medical practitioner, a trainee practitioner] or a non-GP provider) employed by a GMS practice, a PMS practice, an APMS contractor or an OOH provider to assist in the provision of the services it provides;]
[F33“practitioner” means—
(a)
[F34a registered medical practitioner, other than a trainee practitioner, who is a locum practitioner, a GP provider or a GP performer;]
(b)
[F35a dentist performer;]]
“preservation requirements” means the requirements of Chapter I of Part IV of the Pension Schemes Act 1993 relating to the preservation of benefits under occupational pension schemes;
F6...
[F4“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;]
“Public Sector Transfer Arrangements” means the arrangements applying to certain public sector and other schemes under which a common basis for transfer payments is applied by the scheme and those other participating schemes;
“quarter” means a 3 month period ending on the last day of March, June, September or December;
“qualifying service” has the meaning given in regulation C3;
F6...
“relevant daily proportion” means 1/365th of the amount that would apply in respect of one year;
“remuneration” is defined, for the purposes of Tables 1 and 2 of Schedule 1, in regulations Q4(4) and (5) (paying for additional service by single payment) and Q5(4) and (5) (paying for unreduced retirement lump sum by single payment);
[F2“safeguarded percentage” has the meaning given by section 68A(3) of the 1993 Act;
“safeguarded rights” has the meaning given by section 68A(1) of the 1993 Act;]
“scheme”, except where the context otherwise requires, means the National Health Service Pension Scheme for England and Wales, the rules of which are set out in these Regulations;
[F5“section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act (personal medical or dental services);]
“special class officer” means a member to whom regulation R2 (special provision for certain nurses, physiotherapists, midwives and health visitors) applies or to whom regulation R3 (special provision for certain mental health officers) applies;
“specialist” means a consultant [F36, other than a nurse consultant, or a] senior hospital medical officer or senior hospital dental officer;
“State pension age” means age 65 for a man and age 60 for a woman;
“temporary additional session” has the meaning given in regulation R7(3) and (4);
[F24“trainee practitioner” means a GP Registrar and “GP Registrar” means a medical practitioner who is being trained in general practice by—
(a)
until the coming into force for all purposes of article 4(5)(d) (in relation to England) and article 5 (in relation to Wales) of the General Specialist Medical Practice (Education Training and Qualifications) Order 2003, a general medical practitioner who—
(i)
has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, and
(ii)
performs primary medical services, and
(b)
from the coming into force for all purposes of that article—
(i)
in relation to England, a general medical practitioner who is approved under that article for the purpose of providing training under article 5(1)(c)(i) of the 2003 Order, whether as part of training leading to the award of a CCT or otherwise;
(ii)
in relation to Wales, a medical practitioner who is being trained in general practice by a GP trainer whether as part of training leading to the award of CCT or otherwise;]
[F4“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]
[F2“valuation day” means the day referred to in section 29(7) of the 1999 Act.]
[F4“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;]