The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

Amendment of regulation 3.A.1

53.—(1) Regulation 3.A.1 (interpretation of Part 3: general) shall be amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

““2008 Section Optant” has the meaning given in regulation 3.K.1;

“the 1995 Section” means the section of the National Health Service Pension Scheme for England and Wales set out in the National Health Service Pension Scheme Regulations 1995;

“capped increase to pensionable earnings” must be read in accordance with regulation 3.F.12;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000(1);

“pension debit member” means a member of this Section of the Scheme whose benefits, or future benefits, under this Scheme have been reduced under section 31 of the 1999 Act (reduction under pension sharing order following divorce or nullity of marriage), whether before or after the member became a member of this Section of the Scheme;”.

(3) Omit the definitions of “capped transferred-in service” and the “NHS Pension Scheme 1995”.

(4) For the definition of—

(a) “the Scheme”, substitute ““the Scheme” means the National Health Service Pension Scheme for England and Wales;”;

(b) “host Trust or Board” substitute—

““host Trust or Board”—

(a)

in respect of a person who is a registered medical practitioner or non-GP provider who is—

(i)

a partner in a partnership that is a GMS practice;

(ii)

a partner in a partnership that has entered into a PMS agreement;

(iii)

a partner in a partnership that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

(iv)

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; or

(v)

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 (i) to (iii)), company (in the case of (iv)) or practice or contractor (in the case of (v)) 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, except for where regulation 3.C.5(5) or (6) applies;

(b)

in respect of a dentist performer, means each Primary Care Trust or Local Health Board for whom the dentist performer performs primary dental services under—

(i)

a GDS contract;

(ii)

a PDS agreement (whether or not a PDS contractor is a party to that agreement); or

(iii)

a contract for services with a Primary Care Trust or a Local Health Board which relates to arrangements under which it provides primary dental services under section 99(2) of the 2006 Act (in the case of England) or section 56(2) of the 2006 (Wales) Act (primary dental services) (in the case of Wales), or

and, where appropriate, on whose dental performers list the dentist performer’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;.”.

(1)

2000 (c.7).