The National Health Service Superannuation Scheme (Scotland) Regulations 1995

Interpretation

A2.—(1) Paragraph (4) of this regulation contains a list of expressions and in these Regulations, unless the context otherwise requires, any expression for which there is an entry in the first column of that paragraph has the meaning given against it in the second column or is to be construed in accordance with directions given against it in that column.

(2) In these Regulations, unless the context otherwise requires—

(a) any reference to a regulation, Part or Schedule identified by a letter or number or both (an “indicator”) is to be construed as a reference to the regulation, Part or Schedule, as the case may be, identified by that indicator in these Regulations, and any reference in a regulation of or a Schedule to these Regulations to a numbered paragraph is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule; and

(b) any reference to the scheme, except where the context otherwise requires, means the National Health Service Superannuation Scheme for Scotland, the rules of which are set out in these Regulations.

(3) Where these Regulations require anything to be done within a specified period after or from a specified day or event, the period begins immediately after the specified day or, as the case may be, the day on which the specified event occurs.

(4) The following two columns are those referred to in paragraph (1) of this regulation:—

Expression	Meaning
“the 1980 Regulations”	The National Health Service (Superannuation) (Scotland) Regulations 1980(1);
“age”	Shall be construed in accordance with section 181(1) of the Pension Schemes Act 1993(2);
“buy-out policy”	A policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the Pension Schemes Act 1993(3) (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) and satisfies any requirements of the Inland Revenue;
“cash equivalent”	Shall be construed in accordance with Chapter IV of Part IV of the Pension Schemes Act 1993;
“contracting-out requirements”	The requirements set out in sections 13-24 of the Pension Schemes Act 1993;
“dependent child”	The meaning given by regulation H1;
“employing authority”	(a) a Health Board, Special Health Board or the Common Services Agency for the Scottish Health Service established under section 2 and section 10 of the National Health Service (Scotland) Act 1978(4); (b) a National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978(5); (c) 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;
“final year’s pensionable pay”	Pensionable pay in respect of the member’s last year of pensionable employment, ending on the date the member ceases to be in such employment or dies whichever occurs first, except— (a) if the member was in pensionable employment for less than 12 months “final year’s pensionable pay” means— (b) if pensionable pay was greater in either or both of the two consecutive years immediately preceding the last year, “final year’s pensionable pay” means pensionable pay in respect of the year immediately preceding the last year or, if greater, pensionable pay in respect of the first of those two consecutive years;
“guaranteed minimum pension”	Shall be construed in accordance with section 14 of the Pension Schemes Act 1993;
“health service scheme”	The meaning given by regulation R7(1);
“member”	A person who has been included in the scheme and in respect of whom benefits under the scheme are, or will become payable;
“mental health officer”	The meaning given in regulation R3(16);
“NHS employment”	Employment with an employing authority;
“occupational pension scheme”	An occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which is— (a) approved by the Inland Revenue for the purposes of Chapter IV of Part XIV of the Taxes Act (retirement benefits scheme) or whose application for approval under that Chapter is under consideration; (b) a statutory scheme as defined in section 612(1) of the Taxes Act (interpretation); or (c) a scheme to which section 608 of the Taxes Act applies (superannuation funds approved before 6th April 1980);
“officer”	A person employed by an employing authority;
“ophthalmic medical practitioner”	A medical practitioner providing general ophthalmic services under the National Health Service (Scotland) Act 1978;
“opting-out”	Shall be construed in accordance with regulation B4;
“part-time service”	Service under a contract which provides for regular service of less than whole-time service;
“pay period”	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; in the case of a practitioner, any period of three months ending on the last day of March, June, September or December;
“pensionable employment”	NHS employment in respect of which the member contributes to the scheme;
“pensionable pay”	The meaning given in regulation C1;
“pensionable service”	The meaning given in regulation C2;
“personal pension scheme”	A personal pension scheme within the meaning of Chapter IV of Part XIV of the Taxes Act (personal pension schemes) which is approved by the Inland Revenue for the purposes of that Chapter;
“practitioner”	A medical or dental practitioner on the list of a Health Board or an assistant practitioner but excluding a trainee practitioner or a person who is paid by an employing authority wholly by way of salary, except that an associate general practitioner whose remuneration is paid by an employing authority as agent for the employer shall be a practitioner;
“preservation requirements”	The requirements of Chapter I of Part IV of the Pension Schemes Act 1993 relating to preservation of benefits under occupational pension schemes;
“Public Sector Transfer Arrangements”	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;
“qualifying service”	The meaning given in regulation C3;
“quarter”	A three month period ending on the last day of March, June, September or December;
“relevant daily proportion”	1/365th of the amount that would apply in respect of one year;
“remuneration”	For the purposes of Tables 1 and 2 of Schedule 2 as defined in regulation Q3(4) (paying for additional service by single payment) and Q4(4) (paying for unreduced retirement lump sum by single payment);
“scheme”	Shall be construed in accordance with regulation A2(2)(b);
“self-employed pension arrangements”	A personal pension scheme within the meaning of Chapter IV of Part XIV of the Taxes Act which is approved by the Inland Revenue under that Chapter; but which is neither a personal pension scheme within the meaning of the Pension Schemes Act 1993 nor a contract or a scheme approved under Chapter III of Part XIV of the Taxes Act;
“special class officer”	A mental health officer or a person employed by an employing authority as a nurse, physiotherapist, midwife or health visitor to whom regulations R2 and R3 apply;
“specialist”	The expression means a consultant, senior hospital medical officer or senior hospital dental officer;
“state pension age”	In the case of a man, age 65; in the case of a woman, age 60;
“Taxes Act”	The Income and Corporation Taxes Act 1988(6);
“trainee practitioner”	A person who is being trained in general medical practice as a trainee general practitioner under arrangements made by the Secretary of State;
“transfer values laws”	Chapter IV of Part IV of the Pension Schemes Act 1993;
“whole-time service”	Service under a contract providing for service at standard hours, half-days or sessions for the grade.

(1)

S.I. 1980/1177 as amended by S.I. 1981/1680, 1983/272, 1988/1956, 1989/807 and 1749, 1990/382 and 1992/3046.

(2)

1993 c. 48.

(3)

See also section 81 of that Act.

(4)

1978 c. 29; the definition of “Special Health Board” was inserted into section 2 by section 28 of the National Health Service and Community Care Act 1990 (c. 19), (“the 1990 Act”); section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2 and by the 1990 Act, Schedule 10.

(5)

Section 12A was inserted by the 1990 Act, section 31.

(6)

1988 c. 1.