PART 2 Amendment of the National Health Service Pension Scheme Regulations 1995

Amendment of regulation A2

3.  In regulation A2 (interpretation)—

(a) after paragraph (n) of the definition of “employing authority”(1), add—

“(o) an Independent Provider;”;

(b) for the definition of “host Board”, substitute—

““host Board”—

(a) in respect of a non-GP provider who is a partner in a partnership that has entered into a PMS agreement for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with whom that provider has entered into such an agreement;

(b) in respect of a non-GP provider who is a partner in a partnership that has entered into a GMS contract for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with which that partnership has entered into such an agreement;

(c) in respect of a non-GP provider who is a partner in a partnership that is an APMS contractor which has entered into an APMS contract for the provision of primary medical services, means the National Health Service Commissioning Board or each Local Health Board with which that partnership has entered into such a contract;

(d) in respect of a non-GP provider who is a shareholder in a company limited by shares that—

(i) is a GMS practice or a PMS practice or an APMS contractor, and

(ii) has entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services,

means the National Health Service Commissioning Board or each Local Health Board with which that company has entered into such a contract or agreement;

(e) in respect of a non-GP provider who is an individual who is a GMS practice or a PMS practice or an APMS contractor, means the National Health Service Commissioning Board or each Local Health Board with which that practice or contractor has entered into a PMS agreement or an APMS contract as such a practice or contractor;

(f) in respect of a type 1 medical practitioner, means the National Health Service Commissioning Board or each Local Health Board with whom the practitioner has contracted, or entered into an agreement, to provide GMS, PMS or APMS;

(g) in respect of a type 2 medical practitioner—

(i) in England, means National Health Service Commissioning Board in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;

(ii) in Wales, means the relevant Local Health Board in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;

(h) in respect of a locum practitioner means the National Health Service Commissioning Board or each Local Health Board on whose medical performers list the practitioner’s name appears;

(i) in respect of a type 1 dental practitioner who holds a GDS contract or has entered into a PDS agreement, means the National Health Service Commissioning Board or each Local Health Board with whom that practitioner—

(i) is contracted to provide services under a GDS contract, or

(ii) has entered into an agreement to provide services under a PDS agreement;

(j) in respect of a type 1 dental practitioner who performs GDS or PDS but is not a party to a GDS contract or PDS agreement—

(i) in England, means the National Health Service Commissioning Board in respect of GDS, or PDS it has commissioned from a GDS contractor or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services with that contractor;

(ii) in Wales, means the relevant Local Health Board in respect of GDS, or PDS it has commissioned from a GDS or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services;

(k) in respect of a type 2 dental practitioner—

(i) in England, means the National Health Service Commissioning Board in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services;

(ii) in respect of Wales, means the relevant Local Health Board in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services with that contractor or as a foundation trainee;”;

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

““APMS” are primary medical services provided under an APMS contract;

“consumer prices index” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority for the month of February immediately preceding a relevant year;

“GDS” are primary dental services provided under a GDS contract;

“GMS” are primary medical services provided under a GMS contract;

“Independent Provider” is to be construed in accordance with Schedule 2B;

“NHS standard contract” means the standard commissioning contract from time to time drafted by the National Health Service Commissioning Board pursuant to its powers under regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) 2012(2);

“PDS” are primary dental services provided under a PDS agreement;

“PMS” are primary medical services provided under a PMS agreement;

“primary dental services” are to be construed in accordance with section 99 of the 2006 Act;

“primary medical services” are to be construed in accordance with section 83 of the 2006 Act;

“qualifying contract” means a contract between a relevant commissioning party and an Independent Provider the primary purpose of which is the provision of clinical health care services for the NHS and which is—

(a)

an NHS standard contract;

(b)

an APMS contract, or

(c)

a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes;”.

(1)

The last relevant amendment instrument is S.I. 2013/413 (regulations 2 and 3).

(2)

S.I. 2012/2996.