The National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003 and shall come into force on 1st April 2003.

(2) Regulation 3 shall have effect as from 10th February 2003.

(3) Regulation 4 shall have effect as from 1st April 2002.

(4) In these Regulations—

“the principal Regulations” means the National Health Service Pension Scheme Regulations 1995(1);

“the Injury Benefits Regulations” means the National Health Service (Injury Benefits) Regulations 1995(2).

Amendment of the principal Regulations

2.  The principal Regulations shall be amended in accordance with the Schedule.

Local Health Boards

3.—(1) After paragraph (bb) of the definition of “employing authority” in each of the provisions specified in paragraph (3) there shall be inserted the following paragraph—

“(bbb) a Local Health Board established under section 16BA of that Act(3),”.

(2) After paragraph (aa) of the definition of “NHS dental employee” in each of the provisions specified in paragraph (3) there shall be inserted the following paragraph—

“(aaa) a Local Health Board;”.

(3) The provisions specified for the purposes of paragraph (1) and (2) (interpretation) are—

(a) regulation A2 of the principal Regulations;

(b) regulation 2(1) of the Injury Benefits Regulations.

(4) In paragraph (b) of the definition of “practitioner” in regulation A2 of the principal Regulations, after the words “a Primary Care Trust”, there shall be inserted the words “, a Local Health Board”.

(5) In Schedule 2 to the principal Regulations, in both—

(a) the definitions of “the listing Authority” and “the appropriate contracting party” in paragraph 2(1A) as substituted by regulation 4(3)(a) below; and

(b) paragraph 9(1),

for the words “or Primary Care Trust”, there shall be substituted the words “, Primary Care Trust or Local Health Board”.

(6) In regulation 2(1) of the Injury Benefits Regulations—

(a) in the definition of “assistant practitioner”, for the words “or Primary Care Trust” in both places where those words occur, there shall be substituted the words “, Primary Care Trust or Local Health Board”;

(b) in paragraphs (a) and (e) of the definition of “practitioner”, for the words “or Primary Care Trust” wherever those words occur, there shall be substituted the words “, Primary Care Trust or Local Health Board”.

(7) After paragraph (d) of the definition of “employing authority” in regulation 2(1) of the National Health Service (Compensation for Premature Retirement) Regulations 2002(4) (interpretation), there shall be inserted the following paragraph—

“(dd) a Local Health Board established under section 16BA of the National Health Service Act 1977;”.

Locum practitioners

4.—(1) Schedule 2 to the principal Regulations (medical and dental practitioners) shall be amended in accordance with the following paragraphs.

(2) For the definition of “locum practitioner” in paragraph 1 (additional definitions), there shall be substituted the following definition—

““locum practitioner” means a registered medical practitioner, other than a trainee practitioner, who is engaged under a contract for services with a practitioner otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of general medical services or personal medical services;”.

(3) In paragraph 2 (application of Regulations with modifications)—

(a) for the definition of “the listing Authority” in sub-paragraph (1A) there shall be substituted the following definition—

““the listing Authority”, in relation to a locum practitioner, means the Health Authority or Primary Care Trust who prepare and publish—

(a)

the medical list in accordance with section 29(2)(a) of the 1977 Act; or

(b)

the supplementary list in accordance with section 43D of that Act,

on which he is included;”;

(b) in the definition of “the appropriate contracting party”, the words “within paragraph (b)(ii) of the definition of that expression” shall be omitted;

(c) in sub-paragraph (2), the words after “as a practitioner” shall be omitted.

(4) In paragraph 3 (meaning of pensionable service)—

(a) in sub-paragraph (2)(a), after the words “general ophthalmic services” there shall be inserted the words “, locum services”;

(b) at the end, there shall be added the following sub-paragraph—

“(4) In sub-paragraph (2)(a), “locum services” shall have the same meaning as for the purposes of paragraph 6.”;

(5) In paragraph 6(1)(a) and (2)(a) and (b) (meaning of “pensionable service” in relation to other practitioners), the words “or any payments made to the practitioner in respect of the provision of locum services” shall be omitted.

Signed by authority of the Secretary of State for Health.

John Hutton

Minister of State,

Department of Health

7th March 2003

We consent.

Nick Ainger

Philip Woolas

Two of the Lords Commissioners of Her Majesty’s Treasury

10th March 2003