The National Health Service Pension Scheme Regulations 1995

[F1 Approval and Approval Applications E+W+S

15.   An approval application must—

(a) be in writing;

(b) be in a form that the Secretary of State may from time to time require;

(c) contain—

(i) a declaration that an employee of an Independent Provider who is, at the date of that application, already engaged in performing services pursuant to a qualifying contract satisfies the wholly or mainly condition;

(ii) an undertaking that any person who, on or after the date of approval is engaged to perform such services, will do so in a way that complies with the wholly or mainly condition;

(d) contain a declaration that the Independent Provider is not already an employing authority in respect of any employee referred to in paragraph (c);

(e) provide such details as the Secretary of State may from time to time require of the qualifying contracts to which the Independent Provider is a party;

(f) confirm that employing authority status is sought on a closed approval basis or, as the case may be, on an open approval basis;

(g) where the Secretary of State has, prior to the approval of an application, notified the Independent Provider that an IP guarantee is required, contain such details of that guarantee as the Secretary of State may from time to time require;

(h) provide an estimate, for the scheme year in respect of which approval (if given) is to take effect, of—

(i) the gross sums the Independent Provider anticipates receiving from the commissioning party in respect of the clinical services it is to provide under each qualifying contract it is a party to;

(ii) the number of employees who will be engaged in performing services pursuant to each such qualifying contract and who will satisfy the wholly or mainly condition;

(iii) the total pensionable pay of those employees referred to in paragraph (ii);

(iv) the total member contributions payable by those employees pursuant to regulation D1 (broken down to correspond to the estimated tiers tabulated in that regulation), Q6, Q8 or Q10;

(v) the total employer contributions payable in respect of those employees pursuant to regulation D2 and Q11;

(vi) the total number of employees who would satisfy the wholly or mainly condition and who are engaged in performing services pursuant to each such qualifying contract but who are otherwise not eligible to be members of this Section of the scheme;

(vii) the total estimated pay of those employees referred to in paragraph (vi).]

Textual Amendments

F1 Sch. 2B inserted (1.4.2014) by The National Health Service Pension Scheme (Amendment) Regulations 2014 (S.I. 2014/570), regs. 1(2), 17 (with reg. 49)