PART APreliminary

InterpretationA2.

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;

  • F31997 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“the 2013 Act” means the Public Service Pensions Act 2013;

  • F10“the 2015 Scheme” means the scheme set out in the National Health Service Pension Scheme Regulations 2015;

  • F11“the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016;

  • F12active member” means a person who is in pensionable service under the scheme;

  • F10“additional contribution option” means an option in the terms and conditions of a member’s employment that entitles the member to make an additional contribution towards the cost of paying a pension under regulation E3A if the lump sum payment otherwise payable to the member in accordance with those terms and conditions is insufficient to meet the cost of that pension in full;

  • F13“additional services”, with regard to—

    1. (a)

      a GMS practice—

      1. (i)

        in relation to England, has the meaning given in regulation 2(1) of the GMS Contracts (England) Regulations (interpretation);

      2. (ii)

        in relation to Wales, has the meaning given in regulation 2(1) of the GMS Contracts (Wales) Regulations (interpretation), or

    2. (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;

  • F14“APMS” are primary medical services provided under an APMS contract;

  • APMS contract” means arrangements under F15, in the case of England, F16section 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 F17NHS England or Local Health Board and an APMS contractor;

  • APMS contractor” means a person with whom F17NHS England or Local Health Board has made arrangements under F15, in the case of England, section F16section 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;

  • F18...

  • F19...

  • 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);

  • F13“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;

  • F20“buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly;

  • F21...

  • F22“cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act;

  • F13“certification services” means –

    1. (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);

    2. (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);

  • F23“civil partner” and “civil partnership” are to be construed in accordance with regulation A4;

  • F14consumer prices index” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority F24...;

  • F25“contracted-out employment” has the meaning given in section 8 of the 1993 Act;

  • F26“contracting-out requirements” means the requirements mentioned in—

    1. (a)

      paragraphs 1(a)(ii) and (2) of regulation 18 (payment of a lump sum instead of a pension); and

    2. (b)

      paragraphs (5) and (6) of regulation 25 (payment of lump sum instead of a pension),

    of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015;.

  • F13“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;

  • F18...

  • F18...

  • F4“dental performers list” means a list of dental practitioners prepared in accordance with regulations made under F27, 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);

  • F18...

  • F18...

  • F4“dentist performer” means a dental practitioner whose name is included in a dental performers list and who performs primary dental services under—

    1. (a)

      a GDS contract;

    2. (b)

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

    3. (c)

      a contract for services with F28... a Local Health Board which relates to arrangements under which it provides primary dental services under—

      1. (i)

        F29F30... section 56(2) of the 2006 (Wales) Act (primary dental services), or

      2. (ii)

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

      except that a F31foundation trainee who is undertaking F31foundation 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;

  • F13“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—

    1. (za)

      F32...

    2. (a)

      F33F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. (aa)

      a Special Health Authority established under F35, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act;

    4. (b)

      F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. (bb)

      F32...

    6. (bbb)

      F37a Local Health Board established under F38section 11 of the 2006 (Wales) Act,

    7. (c)

      a National Health Service trust established under F39, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) ActM2, F40...

    8. (cc)

      F41an NHS foundation trust within the meaning of F42section 30(1) of the 2006 Act,

    9. (d)

      any other body that is constituted under an Act relating to health services F43(in whole or in part) and which the Secretary of State agrees to treat as an employing authority for the purposes of F44this Section of the scheme F45, F46...

    10. (e)

      F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. (f)

      F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    12. (g)

      F49an OOH provider,

    13. (h)

      an APMS contractor,

    14. (i)

      a GMS practice,

    15. (j)

      a PMS practice;

    16. (k)

      F50as 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;

    17. (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;

    18. (m)

      F51F17NHS England established under section 9 of the Health and Social Care Act 2012;

    19. (n)

      F52an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;

    20. (o)

      F53an Independent Provider;

  • F53F54enhanced services", in relation to—

    1. (a)

      a GMS practice, has the meaning given in regulation 2(1) of the GMS Contracts Regulations; or

    2. (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—

    1. (i)

      local enhanced services, or

    2. (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;

  • F14“GDS” are primary dental services provided under a GDS contract;

  • F4GDS contract” means a general dental services contract under F55, 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);

  • F56“GDS contractor” means a person who is a party to a GDS contract, other than F17NHS England or a Local Health Board;

  • F57“general ophthalmic services” means—

    1. (a)

      as regards England, mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008, and

    2. (b)

      as regards Wales, general ophthalmic services within the meaning of section 71(10) of the 2006 (Wales) Act;

  • F1...

  • F14“GMS” are primary medical services provided under a GMS contract;

  • F13GMS contract” means—

    1. (a)

      in relation to England, a contract under F58section 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 F59section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003);

    2. (b)

      in relation to Wales, a contract under F60section 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 F59section 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—

    1. (a)

      a registered medical practitioner F61who is a type 1 medical practitioner,

    2. (b)

      two or more F62such individuals practising in partnership, or

    3. (c)

      a company limited by shares,

    with whom F17NHS England or Local Health Board has entered into a GMS contract;

  • F63GOS 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 F64specialist 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 F65, 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)—

    1. (a)

      under a GMS contract, PMS agreement or APMS contract,

    2. (b)

      on behalf of an OOH provider, or

    3. (c)

      under a contract of service or for services with F66... a Local Health Board which relates to arrangements F67under which it provides primary medical services—

      1. (i)

        under F68F69... section 41(2)(a) of the 2006 (Wales) Act (primary medical services),

      2. (ii)

        under F70an agreement pursuant to section 50 arrangements F71...;

  • GP provider” means a GP performer who is—

    1. (a)

      a GMS practice, a PMS practice or an APMS contractor,

    2. (b)

      a partner in a partnership that is a GMS practice, a PMS practice or an APMS contractor, or

    3. (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;

  • F72GP 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;

  • F1...

  • F73the health service” has the meaning given in section F74275 of the 2006 Act;

  • health service scheme” has the meaning given in regulation R8(1);

  • F75“host Board”—

    1. (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 F17NHS England or each Local Health Board with whom that provider has entered into such an agreement;

    2. (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 F17NHS England or each Local Health Board with which that partnership has entered into such an agreement;

    3. (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 F17NHS England or each Local Health Board with which that partnership has entered into such a contract;

    4. (d)

      in respect of a non-GP provider who is a shareholder in a company limited by shares that—

      1. (i)

        is a GMS practice or a PMS practice or an APMS contractor, and

      2. (ii)

        has entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services,

      means F17NHS England or each Local Health Board with which that company has entered into such a contract or agreement;

    5. (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 F17NHS England 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;

    6. (f)

      in respect of a type 1 medical practitioner, means F17NHS England or each Local Health Board with whom the practitioner has contracted, or entered into an agreement, to provide GMS, PMS or APMS;

    7. (g)

      in respect of a type 2 medical practitioner—

      1. (i)

        in England, means F17NHS England 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;

      2. (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;

    8. (h)

      in respect of a locum practitioner means F17NHS England or each Local Health Board on whose medical performers list the practitioner’s name appears;

    9. (i)

      in respect of a type 1 dental practitioner who holds a GDS contract or has entered into a PDS agreement, means F17NHS England or each Local Health Board with whom that practitioner—

      1. (i)

        is contracted to provide services under a GDS contract, or

      2. (ii)

        has entered into an agreement to provide services under a PDS agreement;

    10. (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—

      1. (i)

        in England, means F17NHS England 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;

      2. (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;

    11. (k)

      in respect of a type 2 dental practitioner—

      1. (i)

        in England, means F17NHS England 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;

      2. (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;

  • F14Independent Provider” is to be construed in accordance with Schedule 2B;

  • F76“locum practitioner” has the meaning given in paragraph 1 of Schedule 2;

  • F77lump sum and death benefit allowance” in relation to a person, has the meaning given in section 637R of the Income Tax (Earnings and Pensions) Act 2003;

  • 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;

  • F23“marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided F78...;

  • F79“medical performers list” means a list of registered medical practitioners prepared and published by F17NHS England 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);

  • F19...

  • member”, except where the context otherwise requires, means a person who is in pensionable service under F44this Section of the scheme or a person who has been in such service and in respect of whom benefits under F44this Section of the scheme are, or will become, payable;

  • mental health officer” has the meaning given in regulation R3(14);

  • F80NBSBPS” means the National Biological Standards Board Pension Scheme established on 1st July 1977;

  • F1...

  • F1...

  • NHS employment” means employment with an employing authority;

  • F14NHS standard contract” means the F81terms and conditions from time to time drafted by F17NHS England pursuant to its powers under regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) F82Regulations 2012;

  • F83“NHS standard sub-contract” means a sub-contract that complies with F17NHS England’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance”;

  • F13“non-GP provider” means—

    1. (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;

    2. (b)

      a partner in a partnership—

      1. (i)

        all of whose members have entered into a PMS agreement for the provision of primary medical services, but

      2. (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;

    3. (c)

      a partner in a partnership that is an APMS contractor—

      1. (i)

        that has entered into an APMS contract for the provision of primary medical services, but

      2. (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;

    4. (d)

      a shareholder in a company limited by shares that is—

      1. (i)

        a GMS practice, or

      2. (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;

    5. (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;

  • F84“occupational pension scheme” means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which—

    1. (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;

    2. (b)

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

      1. (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,

      2. (ii)

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

      3. (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.

  • F85“officer” means a person employed by an employing authority including a GP Registrar and a non-GP provider, but does not include—

    1. (a)

      a GP performer;

    2. (b)

      a dentist performer;

    3. (c)

      a person engaged under a contract for services;

  • F13OOH 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 F86GMS 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;

  • F87“ophthalmic provider” means a registered medical practitioner who is included in an ophthalmic list kept and published by F17NHS England or Local Health Board pursuant to regulation 6(1) of the National Health Service (General Ophthalmic Services) Regulations 1986 (ophthalmic list);

  • F88“ophthalmic provider” means a registered medical practitioner who F89is a type 1 medical practitioner and who

    1. (a)

      as regards England—

      1. (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

      2. (ii)

        holds a GOS contract; and

    2. (b)

      F90as regards Wales, is included in an ophthalmic list (as defined in regulation 10(2)(a) of the National Health Service (Ophthalmic Services) (Wales) Regulations 2023) prepared and published by a Local Health Board in accordance with Chapter 2 of Part 4 of those Regulations;

  • opting–out” and related expressions are to be construed in accordance with regulation B4;

  • F13“out of hours period” means—

    1. (a)

      the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day,

    2. (b)

      the period between 6:30pm on Friday and 8am the following Monday, and

    3. (c)

      Good Friday, Christmas Day and bank holidays;

  • F91“parental bereavement leave” has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020.

  • F92“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;

  • F14“PDS” are primary dental services provided under a PDS agreement;

  • F93“PDS agreement” means an agreement for the provision of primary dental services pursuant to section 64 arrangements or section 107 arrangements;

  • F4PDS contractor” means a person who is a party to a PDS agreement who is neither F17NHS England 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 F94in accordance with this Section;

  • pensionable pay” has the meaning given in regulation C1;

  • pensionable service” has the meaning given in regulation C2;

  • F18...

  • F1...

  • F84“personal pension scheme” means a personal pension scheme which—

    1. (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;

    2. (b)

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

      1. (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

      2. (ii)

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

  • F18...

  • F95...

  • F18...

  • F14“PMS” are primary medical services provided under a PMS agreement;

  • F13“PMS agreement” means F96an 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—

    1. (a)

      an individual,

    2. (b)

      two or more individuals practising in partnership, or

    3. (c)

      a company limited by shares,

    with whom or with whose members F17NHS England or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by F17NHS England or Local Health Board);

  • F97“practice staff” means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following—

    1. (a)

      OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract;

    2. (b)

      services pursuant to an NHS standard contract;

    3. (c)

      services pursuant to an NHS standard sub-contract F98where the party to the NHS standard contract in question is an employing authority;

    4. (d)

      clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;

  • F99“practitioner” means—

    1. (a)

      F100a registered medical practitioner, other than a F101specialist trainee in general practice, who is a locum practitioner, a GP provider or a GP performer;

    2. (b)

      F102a dentist performer; F103or

    3. (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;

  • F14“primary dental services” are to be construed in accordance with section 99 of the 2006 Act;

  • F14“primary medical services” are to be construed in accordance with section 83 of the 2006 Act;

  • F18...

  • 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;

  • F14qualifying 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—

    1. (a)

      an NHS standard contract;

    2. (b)

      an APMS contract, or

    3. (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 F104; or

    4. (d)

      an NHS standard sub-contract;

  • qualifying service” has the meaning given in regulation C3;

  • F18...

  • F105“registered medical practitioner” means a fully registered medical practitioner within 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);

  • F106...

  • F106...

  • F77salary sacrifice arrangement” means an arrangement under which the member gives up the right to receive an amount of pensionable pay in return for the provision of a benefit in kind including, but not limited to, a benefit consisting of a motor car or other vehicle, meals, care or vouchers;

  • 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 F107and 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;

  • F108“scheme administration charge” means the charge provided for in regulation D4.

  • F109“scheme partner” has the meaning given in regulation G14(7);

  • F110“scheme year” means a period of one year beginning with 1st April and ending with 31st March;

  • F111“section 9(2B) rights” has the same meaning given in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015;

  • 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;

  • F25“shared parental leave” has the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014;

  • 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 F112, 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;

  • F109“surviving scheme partner” has the meaning given in regulation G14(8);

  • F110“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);

  • F113...

  • F4“type 1 dental practitioner” means a dentist performer who is not a type 2 dental practitioner;

  • “type 1 medical practitioner” means F114an 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—

    1. (a)

      a F115foundation trainee who is employed by a GDS or PDS contractor; or

    2. (b)

      a dentist performer with a contract for services with F116NHS England or the Local Health Board which relates to arrangements under which F117NHS England or the Local Health Board provides primary dental services under—

      1. (i)

        F118F119... in the case of Wales, section 56(2) of the 2006 (Wales) Act;

      2. (ii)

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

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

    1. (a)

      is not a GP provider, and—

      1. (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, F120... or a Local Health Board, and

      2. (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, F120... or a Local Health Board; or

    2. (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.

  • F121...

  • F122“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.

  • F23“widow” and “widower” do not include a reference to marriage of a same sex couple;