The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008

Amendment of regulation 2.A.1

25.—(1) Regulation 2.A.1 (interpretation: general) is amended as follows.

(2) In regulation 2.A.1—

(a) in the definition of “APMS contract” and “APMS contractor”, for “80(2)(b)” substitute “83(2)(b)”;

(b) before the definition of “corresponding health service scheme” insert—

““corresponding 1995 scheme” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of the 1995 Regulations;

“corresponding 2008 scheme” means a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of these Regulations;”;

(c) for the definition of “corresponding health service scheme” substitute—

““corresponding health service scheme” means—

(a)

a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972(1) and having effect in Scotland,

(b)

a superannuation scheme provided under Article 12 of the Superannuation (Northern Ireland) Order 1972(2),

(c)

a scheme made under section 2 of the Superannuation Act 1984(3) (an Act of Tynwald) applies, and

(d)

any other occupational pension scheme approved for the purposes of this regulation by the Secretary of State;”;

(d) for the definition of “host Trust or Board” substitute—

““host Trust or Board”, in respect of a person who is a registered medical practitioner or non-GP provider who is—

(a)

a partner in a partnership—

(i)

that is a GMS practice; or

(ii)

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;

(b)

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

(c)

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

means each Primary Care Trust or Local Health Board with which that partnership (in the case of (a)), company (in the case of (b)) or practice or contractor (in the case of (c)) has entered into an agreement or contract referred to in those provisions and (in the case of a registered medical practitioner) the relevant Trust or Board on whose medical performers’ list that practitioner’s name appears, and such a person shall be deemed to be employed by the appropriate Trust or Board for the purposes of this Part;;”;

(e) in the definition of “OOH services”—

(i) after “GMS practice” insert “, APMS contractor”;

(ii) after “to whom the practice” insert “or contractor”; and

(iii) after “GMS contract” insert “, APMS contract”.

(1)

1972 c.11.

(2)

S.I. 1972/1073.

(3)

1984 c.8 (Tynwald).