The Teachers' Superannuation (Scotland) Amendment Regulations 1997

Glossary of expressions

30.—(1) In Schedule 1–

(a) after the entry relating to the expression “Adviser” there shall be inserted the following entry:–

“Appropriate factor

The factor being– (a) in relation to a retirement pension and to the retirement benefits referred to in regulations E20 and E24, the factor set out in Table I in Schedule 9A or, in the case of a person to whom paragraph 23 of Part V of Schedule 9 applies (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table III in Schedule 9A, and (b) in relation to a retirement lump sum, the factor set out in Table II in Schedule 9A or, in the case of a person to whom paragraph 23 of Part V of Schedule 9 applies (certain nurses, physiotherapists, midwives, health visitors and mental health officers), set out in Table IV in Schedule 9A, corresponding to the age of that person in complete years and months when he became entitled to that pension (including the retire ment benefits referred to in (a) above) or lump sum, as the case may be.”;

(b) after the entry relating to the expression “Child” there shall be inserted the following entry:–

“Club scheme

A statutory scheme or a scheme for the time being treated, with the agreement of the Treasury, as a statutory scheme.”;

(c) for paragraph (a) of the definition of “Incapacitated” there shall be substituted the following:–

“(a) in the case of a teacher, while in the opinion of the Secretary of State the teacher is incapable by reason of infirmity of mind or body of serving efficiently as such, and despite appropriate medical treatment is likely permanently to be so, and”;

(d) after the entry relating to the expression “The 1977 Regulations” there shall be inserted the following entry:–

“The Amending Regulations

The Teachers' Superannuation (Scotland) Amendment Regulations 1997.”

(2) The amendment to the definition of “incapacitated” shall not apply for the purpose of determining whether a teacher has become incapacitated where the application for payment of benefit has been received by the Secretary of State before 1st April 1997.