The National Health Service (Pension Scheme and Injury Benefits) Amendment Regulations 2005

Amendment of the Injury Benefits Regulations

12.—(1) The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation)—

(a) in—

(i) the definition of “assistant practitioner”(1) for paragraph (a), substitute—

“(a) means a GP performer who is not a GP provider but who is—

(i) employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board; and

(iii) who 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 or an OOH provider or a Primary Care Trust or Local Health Board;”;

(ii) the definition of practitioner after “practitioner” in paragraph (f)(2) insert “(other than a locum practitioner)” and after sub-paragraph (ii) add—

“(iii) an APMS contract, or”

(b) at the appropriate place in the alphabetical order, insert—

““APMS contract” has the same meaning as in the Pension Scheme Regulations;”;

““APMS contractor” has the same meaning as in the Pension Scheme Regulations;”;

““enhanced services”, with regard to—

(a)

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

(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 the GMS Contracts Regulations.”.

““essential services” has the same meaning as in the Pension Scheme Regulations;”;

““GP performer” has the same meaning as in the Pension Scheme Regulations;”;

“‘GP provider has the same meaning as in the Pension Scheme Regulations;”;

““GMS practice” has the same meaning as in the Pension Scheme Regulations;”;

““non-GP provider” has the same meaning as in the Pension Scheme Regulations;”;

““OOH provider” shall be construed in accordance with regulation A3 of the pension scheme regulations;”;

““PMS practice” has the same meaning as in the Pension Scheme Regulations;”;

(3) In regulation 3(3) (persons to whom the regulations apply) after paragraph (1)(k), add—

“(g) a non-GP provider”.

(4) In regulation 4A (recovery of costs) after paragraph (6)(c)(4), add—

“(d) to—

(i) a person providing personal medical services as if he were a whole-time officer of that Primary Care Trust or Local Health Board;

(ii) a non-GP provider as if he were a whole-time officer of the Primary Care Trust or Local Health Board that has entered into the GMS contract or APMS contract.”.

(1)

The definition of “assistant practitioner” was substituted by paragraph 13(2)(a) of Schedule 1 to S.I.2004/865.

(2)

Paragraph (f) was added by paragraph 13(2)(c)(v) of Schedule 1 to S.I.2004/865.

(3)

To which there are amendments not relevant to this instrument.

(4)

Sub-paragraph (6)(c) was amended by paragraph 13(4) of Schedule 1 to S.I.2004/865.