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

Amendment of regulation A2 of the Pension Scheme Regulations

2.  In regulation A2 of the Pension Scheme Regulations (interpretation)—

(a) omit the definitions of “associate general practitioner” and “medical pilot scheme employee”(1);

(b) insert each of the following definitions at the appropriate place in the alphabetical order—

““additional services”, with regard to—

(a)

a GMS practice—

(i)

in relation to England, has the meaning given in regulation 2(1) of the GMS Contracts (England) Regulations (interpretation);

(ii)

in relation to Wales, has the meaning given in regulation 2(1) of the GMS Contracts (Wales) Regulations (interpretation), or

(b)

any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in regulation 2(1) of those Regulations;”;

““APMS contract” means arrangements under section 16CC(2)(b) of the 1977 Act(2) (primary medical services) between a Primary Care Trust or Local Health Board and an APMS contractor;”;

““APMS contractor” means a person with whom a Primary Care Trust or Local Health Board has made arrangements under section 16CC(2)(b) of the 1977 Act, but only if that person is also a person who has entered into, or would be eligible to enter into, a GMS contract or a PMS agreement for the provision of primary medical services;”;

““bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971(3);”

““CCT” means Certificate of Completion of Training awarded under article 8 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(4), including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;”;

““certification services” means –

(a)

in relation to England, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (England) Regulations (list of prescribed medical certificates);

(b)

in relation to Wales, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (Wales) Regulations (list of prescribed medical certificates);”;

““core hours” means the period beginning at 8am and ending at 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;”;

““dispensing services” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a registered medical practitioner in accordance with arrangements made under regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992(5) (arrangements for the provision of pharmaceutical services by doctors);”;

““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 those Regulations,”;

““essential services” means the services described in regulation 15(3), (5), (6) and (8) of the GMS Contracts Regulations (whether provided by a GMS practice, a PMS practice or an APMS contractor);”;

““the GMS Contracts (England) Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004(6);”;

““the GMS Contracts (Wales) Regulations” means the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(7);”;

““GMS contract” means—

(a)

in relation to England, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004(8) (entitlement to a contract under section 176(3) of the 1977 Act);

(b)

in relation to Wales, a contract under section 28Q of the 1977 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004(9) (entitlement to a contract under section 176(3) of the 1977 Act);”;

““GMS practice” means—

(a)

a registered medical practitioner,

(b)

two or more individuals practising in partnership, or

(c)

a company limited by shares,

with whom a Primary Care Trust or Local Health Board has entered into a GMS contract;”;

““GP performer” means a registered medical practitioner, other than a trainee practitioner or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services (or a combination thereof)—

(a)

under a GMS contract, PMS agreement or APMS contract,

(b)

on behalf of an OOH provider, or

(c)

under a contract of service or for services with a Primary Care Trust or a Local Health Board which relates to arrangements by it to provide services—

(i)

under section 16CC(2)(a) of the 1977 Act (primary medical services),

(ii)

under section 28C arrangements made between a Primary Care Trust or a Local Health Board and a Strategic Health Authority;”;

““GP provider” means a GP performer who is—

(a)

a GMS practice, a PMS practice or an APMS contractor,

(b)

a partner in a partnership that is a GMS practice, a PMS practice or an APMS contractor, or

(c)

a shareholder in a company limited by shares that is a GMS practice, PMS practice or APMS contractor,

and who performs medical services as or on behalf of that practice or contractor;”;

““GP trainer” means a registered medical practitioner who is—

(a)

until the coming into force for all purposes of article 4(5)(d) of the General Specialist Medical Practice (Education, Training and Qualifications) Order 2003, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997(10), or

(b)

from the coming into force for all purposes of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i);”;

““health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(11);”;

““host Trust or Board”—

(a)

in respect of a non-GP provider who is—

(i)

a partner in a partnership—

(aa)

that is a GMS practice;

(bb)

that has entered into a PMS agreement or is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

(ii)

a shareholder in a company limited by shares that is a GMS practice or a PMS practice or an APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services;

(iii)

an individual who is a PMS practice or an APMS contractor,

means the Primary Care Trust or Local Health Board with which that partnership (in the case of (i)), company (in the case of (ii)) or practice or contractor (in the case of (iii)) has entered into an agreement or contract referred to in those provisions;

(b)

in respect of a practitioner, means the Primary Care Trust or Local Health Board on whose medical performers list his name appears;”;

““non-GP provider” means—

(a)

a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that practice;

(b)

a partner in a partnership—

(i)

all of whose members have entered into a PMS agreement for the provision of primary medical services, but

(ii)

who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;

(c)

a partner in a partnership that is an APMS contractor—

(i)

that has entered into an APMS contract for the provision of primary medical services, but

(ii)

who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that partnership;

(d)

a shareholder in a company limited by shares that is—

(i)

a GMS practice, or

(ii)

a PMS practice or APMS contractor that has entered into a PMS agreement or APMS contract for the provision of primary medical services,

but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he assists in the provision of NHS services provided by that company;

(e)

an individual who is a PMS practice or an APMS contractor but who is not a GP provider and who demonstrates to the satisfaction of the Secretary of State that he participates in the provision of NHS services;”;

““OOH provider” shall be construed in accordance with regulation A3;”;

““OOH services” means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice to patients to whom the practice is required by its GMS contract to provide essential services, would be or would be similar to essential services;”;

““out of hours period” means—

(a)

the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day,

(b)

the period between 6:30pm on Friday and 8am the following Monday, and

(c)

Good Friday, Christmas Day and bank holidays;”;

““PMS agreement” means section 28C arrangements under the 1977 Act or a transitional agreement under Part 4 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004(12);”;

““PMS practice” means—

(a)

an individual,

(b)

two or more individuals practising in partnership, or

(c)

a company limited by shares,

with whom or with whose members a Primary Care Trust or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by the Primary Care Trust or Local Health Board);”;

““section 28C arrangements” means arrangements for the provision of services made under section 28C of the 1977 Act (personal medical or dental services)(13);”.

(c) in the definition of “employing authority”—

(i) omit paragraph (e),

(ii) after paragraph (f) add the following paragraphs—

“(g) an OOH provider,

(h) an APMS contractor,

(i) a GMS practice,

(j) a PMS practice;”;

(d) for the definitions of “medical list”, “practice staff” and “trainee practitioner” substitute respectively—

““medical performers list” means a list of registered medical practitioners prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004(14) (performers lists) or by a Local Health Board pursuant to regulation 3(1) of the National Health Service (Performers Lists) (Wales) Regulations 2004 (performers lists)(15);”;

““practice staff” means a person (other than an assistant practitioner, a principal practitioner, a trainee practitioners or a non-GP provider) employed by a GMS practice, a PMS practice, an APMS contractor or an OOH provider to assist in the provision of the services it provides;”

““trainee practitioner” means a GP Registrar and “GP Registrar” means a medical practitioner who is being trained in general practice by—

(a)

until the coming into force for all purposes of article 4(5)(d) (in relation to England) and article 5 (in relation to Wales) of the General Specialist Medical Practice (Education Training and Qualifications) Order 2003, a general medical practitioner who—

(i)

has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, and

(ii)

performs primary medical services, and

(b)

from the coming into force for all purposes of that article—

(i)

in relation to England, a general medical practitioner who is approved under that article for the purpose of providing training under article 5(1)(c)(i) of the 2003 Order, whether as part of training leading to the award of a CCT or otherwise;

(ii)

in relation to Wales, a medical practitioner who is being trained in general practice by a GP trainer whether as part of training leading to the award of CCT or otherwise;”;

(e) in the definition of “officer”, after “person” insert “other than a GP performer”; and

(f) in the definition of “practitioner”(16), for paragraph (a) substitute—

“(a) a registered medical practitioner, other than a trainee practitioner, who is a locum practitioner, a GP provider or a GP performer;”.

(1)

The definition of “medical pilot scheme employee” was inserted by regulation 3 of S.I.1998/2216.

(2)

Section 16CC was inserted by section 174 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(3)

1971 c. 80.

(4)

S.I.2003/1250.

(5)

S.I. 1992/662; regulation 20 was amended by regulations 1(3) and 13 of S.I.2004/922 and regulations 7 and 18 of, and Schedule 1 to, S.I.2004/1021.

(6)

S.I.2004/291.

(7)

S.I.2004/478 (W.48).

(8)

S.I.2004/433.

(9)

S.I.2004/477 (W.47); the relevant amending instrument is S.I.2004/1016 (W.113).

(10)

S.I.1997/2817.

(11)

2002 c. 17.

(12)

S.I. 2004/865.

(13)

Section 28C was inserted by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46).

(14)

S.I.2004/585.

(15)

S.I.2004/1020 (W.117).

(16)

To which there are amendments not relevant to this instrument.