PART AE+W+SPreliminary

InterpretationE+W+S

A2. In these Regulations—

“the previous regulations” means the National Health Service (Superannuation) Regulations 1980 M1;
F1...
[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“the 2006 Act” means the National Health Service Act 2006;]
[F5“the 2006 (Wales) Act” means the National Health Service (Wales) Act 2006;]
[F6“the 2008 Act” means the Pensions Act 2008;]
[F7“the [F82008 Section]” means the provisions of the National Health Service Pension Scheme set out in the National Health Service Pension Scheme Regulations 2008;]
[F6“the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010;]
[F9“the 2011 Act” means the Finance Act 2011;]
[F10“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;
[F11“APMS” are primary medical services provided under an APMS contract;]
“APMS contract” means arrangements under [F12, in the case of England, [F13section 83(2)] of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) Act] (primary medical services) between [F14the National Health Service Commissioning Board] or Local Health Board and an APMS contractor;
“APMS contractor” means a person with whom [F14the National Health Service Commissioning Board] or Local Health Board has made arrangements under [F12, in the case of England, section [F13section 83(2)] of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) 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;]
F15...
F16...
[F6“automatic enrolment date” means the date referred to in section 3(7) of the 2008 Act;]
[F6“automatic re-enrolment date” means the date determined in accordance with regulation 12 of the 2010 Regulations (as modified by regulation 14 of those Regulations);]
[F10“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;
[F17“CCT” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983, including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act;]
“cash equivalent” is to be construed in accordance with Chapter IV of Part IV of the Pension Schemes Act 1993;
[F10“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);]
[F18“civil partner” and “civil partnership” are to be construed in accordance with regulation A4;]
[F11“consumer prices index” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority for the month of February immediately preceding a relevant year;]
“contracting–out requirements” means the requirements mentioned in section 9(2) of the Pension Schemes Act 1993;
[F10“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;]
F15...
F15...
[F4“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under [F19, in the case of England, section 106 of the 2006 Act or, in the case of Wales, section 63 of the 2006 (Wales) Act] (persons performing primary medical and dental services);]
F15...
F15...
[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 F20... a Local Health Board which relates to arrangements under which it provides primary dental services under—
(i)
F21[F22... section 56(2) of the 2006 (Wales) Act] (primary dental services), or
(ii)
a PDS agreement to which a PDS contractor is not a party,
except that a [F23foundation trainee] who is undertaking [F23foundation 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;
[F10“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);]
[F7“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;]
“employing authority” means—
(za)
F24...
(a)
F25[F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa)
a Special Health Authority established under [F27, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act];]
(b)
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bb)
F24...
(bbb)
[F29a Local Health Board established under [F30section 11 of the 2006 (Wales) Act],]
(c)
a National Health Service trust established under [F31, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act]M3, F32...
(cc)
[F33an NHS foundation trust within the meaning of [F34section 30(1) of the 2006 Act],]
(d)
any other body that is constituted under an Act relating to health services [F35(in whole or in part)] and which the Secretary of State agrees to treat as an employing authority for the purposes of [F36this Section of] the scheme [F37, F38...]
(e)
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)
[F41an OOH provider,
(h)
an APMS contractor,
(i)
a GMS practice,
(j)
a PMS practice;]
(k)
[F42as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967, and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
(l)
as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;]
(m)
[F43the National Health Service Commissioning Board established under section 9 of the Health and Social Care Act 2012;
(n)
a Clinical Commissioning Group established under section 10 of the Health and Social Care Act 2012];
(o)
[F44an Independent Provider;]
[F44“[F45enhanced services", in relation 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,
and in each case, includes local enhanced services and public health local enhanced services which were, prior to 1st April 2013, commissioned by a Primary Care Trust under regulation 2(1) of the GMS Contracts Regulations as—
(i)
local enhanced services, or
(ii)
public health local enhanced services and transferred, on or after 1st April 2013, to a local authority by a transfer scheme made pursuant to section 300 of the Health and Social Care Act 2012;]
“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);
[F6“foundation trainee” means a dentist performer who is employed as a foundation trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a director of postgraduate dental education;]
[F11“GDS” are primary dental services provided under a GDS contract;]
[F4“GDS contract” means a general dental services contract under [F46, in the case of England, section 100 of the 2006 Act or, in the case of Wales, section 57 of the 2006 (Wales) Act] (general dental services contracts: introductory);
[F47“GDS contractor” means a person who is a party to a GDS contract, other than [F48the National Health Service Commissioning Board] or a Local Health Board;]
[F49“general ophthalmic services” means—
(a)
as regards England, mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008, and
(b)
as regards Wales, general ophthalmic services within the meaning of section 71(10) of the 2006 (Wales) Act;]
F1...]
[F11“GMS” are primary medical services provided under a GMS contract;]
[F10“GMS contract” means—
(a)
in relation to England, a contract under [F50section 84 of the 2006 Act] or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (entitlement to a contract under [F51section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003]);
(b)
in relation to Wales, a contract under [F52section 42 of the 2006 (Wales) Act] or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 (entitlement to a contract under [F51section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003]);
“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 [F53who is a type 1 medical practitioner],
(b)
two or more [F54such] individuals practising in partnership, or
(c)
a company limited by shares,
with whom [F48the National Health Service Commissioning Board] or Local Health Board has entered into a GMS contract;]
[F55“GOS contract” means a contract under section 117 of the 2006 Act (general ophthalmic services contracts) for the provision of mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008;]
“GP performer” means a registered medical practitioner, other than a [F56specialist trainee in general practice] 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 [F57, certification services, Board and advisory work, health-related functions exercised under section 75 of the 2006 Act, NHS 111 services or pharmaceutical 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 F58... a Local Health Board which relates to arrangements [F59under which it provides primary medical] services—
(i)
under F60[F61... section 41(2)(a) of the 2006 (Wales) Act] (primary medical services),
(ii)
under [F62an agreement pursuant to section 50 arrangements] F63...;
“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;
[F64“GP trainer” means a medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;]
“guaranteed minimum pension” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the Pension Schemes Act 1993;
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[F65“the health service” has the meaning given in section [F66275 of the 2006] Act;]
“health service scheme” has the meaning given in regulation R8(1);
[F67“host Board”—
(a)
in respect of a non-GP provider who is a partner in a partnership that has entered into a PMS agreement for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with whom that provider has entered into such an agreement;
(b)
in respect of a non-GP provider who is a partner in a partnership that has entered into a GMS contract for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with which that partnership has entered into such an agreement;
(c)
in respect of a non-GP provider who is a partner in a partnership that is an APMS contractor which has entered into an APMS contract for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with which that partnership has entered into such a contract;
(d)
in respect of a non-GP provider who is a shareholder in a company limited by shares that—
(i)
is a GMS practice or a PMS practice or an APMS contractor, and
(ii)
has entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services,
means the National Health Service Commissioning Board or each Local Health Board with which that company has entered into such a contract or agreement;
(e)
in respect of a non-GP provider who is an individual who is a GMS practice or a PMS practice or an APMS contractor, means the National Health Service Commissioning Board or each Local Health Board with which that practice or contractor has entered into a PMS agreement or an APMS contract as such a practice or contractor;
(f)
in respect of a type 1 medical practitioner, means the National Health Service Commissioning Board or each Local Health Board with whom the practitioner has contracted, or entered into an agreement, to provide GMS, PMS or APMS;
(g)
in respect of a type 2 medical practitioner—
(i)
in England, means National Health Service Commissioning Board in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;
(ii)
in Wales, means the relevant Local Health Board in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;
(h)
in respect of a locum practitioner means the National Health Service Commissioning Board or each Local Health Board on whose medical performers list the practitioner’s name appears;
(i)
in respect of a type 1 dental practitioner who holds a GDS contract or has entered into a PDS agreement, means the National Health Service Commissioning Board or each Local Health Board with whom that practitioner—
(i)
is contracted to provide services under a GDS contract, or
(ii)
has entered into an agreement to provide services under a PDS agreement;
(j)
in respect of a type 1 dental practitioner who performs GDS or PDS but is not a party to a GDS contract or PDS agreement—
(i)
in England, means the National Health Service Commissioning Board in respect of GDS, or PDS it has commissioned from a GDS contractor or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services with that contractor;
(ii)
in Wales, means the relevant Local Health Board in respect of GDS, or PDS it has commissioned from a GDS or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services;
(k)
in respect of a type 2 dental practitioner—
(i)
in England, means the National Health Service Commissioning Board in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services;
(ii)
in respect of Wales, means the relevant Local Health Board in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services with that contractor or as a foundation trainee;]
[F11“Independent Provider” is to be construed in accordance with Schedule 2B;]
[F68“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;]
[F18“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;]
[F69“medical performers list” means a list of registered medical practitioners prepared and published by [F48the National Health Service Commissioning Board] 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);]
F16...
“member”, except where the context otherwise requires, means a person who is in pensionable service under [F36this Section of] the scheme or a person who has been in such service and in respect of whom benefits under [F36this Section of] the scheme are, or will become, payable;
“mental health officer” has the meaning given in regulation R3(14);
[F70“NBSBPS” means the National Biological Standards Board Pension Scheme established on 1st July 1977;]
F1...
F1...
“NHS employment” means employment with an employing authority;
[F11“NHS standard contract” means the standard commissioning contract from time to time drafted by the National Health Service Commissioning Board pursuant to its powers under regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) 2012;]
[F10“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;]
[F71“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 [F72other than a GP performer] employed by an employing authority;
[F10“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 [F73GMS practice, PMS practice or an APMS contractor to patients to whom the practice or contractor is required by its contract or agreement] to provide essential services, would be or would be similar to essential services;]
[F74“ophthalmic provider” means a registered medical practitioner who is included in an ophthalmic list kept and published by [F48the National Health Service Commissioning Board] or Local Health Board pursuant to regulation 6(1) of the National Health Service (General Ophthalmic Services) Regulations 1986 (ophthalmic list);]
[F75“ophthalmic provider” means a registered medical practitioner who [F76is a type 1 medical practitioner and who]—
(a)
as regards England—
(i)
is included in an ophthalmic performers list prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004 (performers lists); and
(ii)
holds a GOS contract; and
(b)
as regards Wales, is included in an ophthalmic list kept and published by a Local Health Board pursuant to regulation 6(1) of the National Health Service (General Ophthalmic Services) Regulations 1986 (ophthalmic list);]
“opting–out” and related expressions are to be construed in accordance with regulation B4;
[F10“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;]
[F77“pay period” means, in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract;]
[F11“PDS” are primary dental services provided under a PDS agreement;]
[F78“PDS agreement” means an agreement for the provision of primary dental services pursuant to section 64 arrangements or section 107 arrangements;]
[F4“PDS contractor” means a person who is a party to a PDS agreement who is neither [F79the National Health Service Commissioning Board] 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 [F80in accordance with this Section];
“pensionable pay” has the meaning given in regulation C1;
“pensionable service” has the meaning given in regulation C2;
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F1...
[F71“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;]
F15...
F81...
F15...
[F11“PMS” are primary medical services provided under a PMS agreement;]
[F10“PMS agreement” means [F82an agreement for the provision of primary medical services pursuant to section 50 arrangements or section 92 arrangements] 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 [F48the National Health Service Commissioning Board] or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by [F83the National Health Service Commissioning Board] or Local Health Board);]
[F69“practice staff” means a person (other than [F84a 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;]
[F85“practitioner” means—
(a)
[F86a registered medical practitioner, other than a [F87specialist trainee in general practice], who is a locum practitioner, a GP provider or a GP performer;]
(b)
[F88a dentist performer;] [F89or
(c)
an ophthalmic provider;]]
“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;
[F11“primary dental services” are to be construed in accordance with section 99 of the 2006 Act;]
[F11“primary medical services” are to be construed in accordance with section 83 of the 2006 Act;]
F15...
[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;
[F11“qualifying contract” means a contract between a relevant commissioning party and an Independent Provider the primary purpose of which is the provision of clinical health care services for the NHS and which is—
(a)
an NHS standard contract;
(b)
an APMS contract, or
(c)
a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes;]
“qualifying service” has the meaning given in regulation C3;
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[F90“registered medical practitioner” has the meaning given in section 55 of the Medical Act 1983;]
“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 [F91and the National Health Service Pension Scheme Regulations 2008];
[F5“Scheme Actuary” means the actuary appointed from time to time by the Secretary of State to provide advice in connection with the scheme;]
[F92“scheme year” means a period of one year beginning with 1st April and ending with 31st March;
“section 9(2B) rights” has the same meaning as it has in the Occupational Pension Schemes (Contracting-out) Regulations 1996;]
F1...
[F5“section 50 arrangements” has the meaning given by the 2006 (Wales) Act;]
[F5“section 64 arrangements” has the meaning given by the 2006 (Wales) Act;]
[F5“section 92 arrangements” has the meaning given by the 2006 Act;]
[F5“section 107 arrangements” has the meaning given by the 2006 Act;]
“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 [F93, other than a nurse consultant, or a] senior hospital medical officer or senior hospital dental officer;
[F6“specialist trainee in general practice” means a GP Registrar and “GP Registrar” means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I(1)(c) of the Medical Act 1983 for the purpose of providing training under that Act;]
“State pension age” means age 65 for a man and age 60 for a woman;
[F92“tax year” means any year beginning on 6th April and ending on 5th April the following year;]
“temporary additional session” has the meaning given in regulation R7(3) and (4);
F94...
[F4“type 1 dental practitioner” means a dentist performer who is not a type 2 dental practitioner;
“type 1 medical practitioner” means [F95an ophthalmic provider or] 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 [F96foundation trainee] who is employed by a GDS or PDS contractor; or
(b)
a dentist performer with a contract for services with [F97the National Health Service Commissioning Board] or Local Health Board which relates to arrangements under which the F98... Board provides primary dental services under—
(i)
F99[F100... in the case of Wales, section 56(2) of the 2006 (Wales) Act];
(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, F101... 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, F101... 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.]
F102...
[F90“Waiting Period Joiner” has the meaning given in regulation 2.L.1, or as the case may be, 3.L.1 of the 2008 Section.]
[F18“widow” and “widower” do not include a reference to marriage of a same sex couple;]]