The National Health Service Pension Scheme Regulations 2015

Regulation 163

SCHEDULE 15 E+W Definitions

Column 1	Column 2
Word or expression	Meaning or reference to provision where meaning is to be found
the 1993 Act	Pension Schemes Act 1993 M1
the 1995 Act	Pensions Act 1995 M2
the 1995 Regulations	National Health Service Pension Scheme Regulations 1995 M3
the 1995 Section	the section of the National Health Service Pension Scheme for England and Wales set out in the 1995 Regulations
the 1999 Act	Welfare Reform and Pensions Act 1999 M4
the 2004 Act	Finance Act 2004 M5
the 2006 Act	National Health Service Act 2006 M6
the 2006 (Wales) Act	National Health Service (Wales) Act 2006 M7
the 2008 Regulations	National Health Service Pension Scheme Regulations 2008 M8
the 2008 Section	the section of the National Health Service Pension Scheme for England and Wales set out in the 2008 Regulations
the 2013 Act	Public Service Pensions Act 2013 M9
accrual rate	the fraction of pensionable earnings that accrue as earned pension for a financial year
accrued rights	does not include a right to benefits attributable (directly or indirectly) to a pension credit
active member	see section 124(1) of the 1995 Act. Except where the context otherwise requires refers to membership of this scheme (but see regulation 85(3))
actuarial reduction	see paragraph 9 of Schedule 9
additional pension	unless the context otherwise requires, so much of a pension payable by virtue of contributions paid under Chapter 5 of Part 4
allocation amount	the amount of the pension allocated in consequence of making an allocation election
allocation election	an election under regulation 51
APMS contract	arrangements under section 83(2) of the 2006 Act M10 or section 41(2)(b) of the 2006 Wales Act (primary medical services) between the National Health Service Commissioning Board or Local Health Board and an APMS contractor
APMS contractor	a person— (a) with whom the National Health Service Commissioning Board or Local Health Board has made arrangements under section 83(2) of the 2006 Act or section 41(2)(b) of the 2006 Wales Act; and (b) 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
automatic enrolment date	see section 3(7) of the Pensions Act 2008 M11
automatic re-enrolment date	see regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 M12
base rate	(a) the Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets; or (b) if an order under section 19 of the Bank of England Act 1998 M13 is in force, an equivalent rate determined by the Treasury under that section
Board and advisory work	see paragraph 1 of Schedule 10
CCT	a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 M14 , including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act M15
certification services	services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts Regulations
Clinical Commissioning Group	a body corporate established under section 1I of the 2006 Act M16
connected scheme	see section 4(6) of the 2013 Act, but the provisions of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 M17 are not a connected scheme for the purpose of these Regulations
conversion amount	see paragraph 10 of Schedule 9
corresponding health service scheme	(a) a pension scheme provided under regulations made under section 1(2)(e) of the Public Service Pensions Act 2013 and having effect in Scotland; or (b) a pension scheme established under section 1(2)(e) of the Public Service Pensions Act (Northern Ireland) 2014 M18
corresponding scheme	a corresponding health service scheme the provisions of which the Secretary of State has determined correspond to the provisions of these Regulations
deferred member	in relation to a period of pensionable service is a person (P) who— (a) ceases to be an active member in relation to that period of service before P reaches normal pension age; (b) does not become a pensioner member in relation to that period of service; and (c) has at least two years' qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received
dental contractor	see paragraph 4 of Schedule 5
dental performers list	a list of dental practitioners prepared in accordance with regulations made under— (a) in the case of England, section 106 of the 2006 Act M19 ; or (b) in the case of Wales, section 63 of the 2006 (Wales) Act
dental practitioner	see paragraph 7 of Schedule 5
determination employer	see paragraph 8 of Schedule 5
dispensing services	the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements made under— (a) in the case of England, regulation 46 of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 M20 ; and (b) in the case of Wales, regulation 4 of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2013 M21
doctors' retainer scheme	(a) in relation to England, a scheme described in section 20 of the General Medical Services Contracts Statement of Financial Entitlement Directions 2013 M22 ; and (b) in relation to Wales, a scheme described in section 16 of Document SFE/April/2013 attached to the Directions to Local Health Boards as to the Statement of Financial Entitlement Directions 2013 M23
employing authority	see regulation 33(6)
foundation trainee	a dental practitioner who is employed as a foundation trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a director of postgraduate dental education
GDS contract	a general dental services contract under section 100 of the 2006 Act M24 or section 57 of the 2006 (Wales) Act (general dental services contracts: introductory)
GDS contractor	a person who is a party to a GDS contract, other than the National Health Service Commissioning Board or a Local Health Board
GMS contract	(a) in relation to England, a contract under section 84 of the 2006 Act M25 or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 M26 ; (b) in relation to Wales, a contract under section 42 of the 2006 (Wales) Act or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 M27
GMS Contracts Regulations	(a) in relation to England, the National Health Service (General Medical Services Contracts) Regulations 2004 M28 ; (b) in relation to Wales, the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 M29
GMS practice	(a) a registered medical practitioner who belongs to group D in regulation 27(1); (b) two or more such individuals practising in partnership; or (c) a company limited by shares, with whom the National Health Service Commissioning Board or Local Health Board has entered into a GMS contract
GOS contract	a contract under section 117 of the 2006 Act M30 (general ophthalmic services contracts) for the provision of mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008 M31
GP registrar	a medical practitioner who is being trained in general practice— (a) in England by a medical practitioner who is approved under section 34I of the Medical Act 1983 M32 for the purpose of securing maintenance of the standards and requirements established under section 34H(1)(a) of that Act M33 , whether as part of training leading to the award of a CCT or otherwise; or (b) in Wales by a medical practitioner who is being trained in general medical practice by a GP trainer whether as part of training leading to the award of a CCT or otherwise
guaranteed minimum pension	see the 1993 Act, section 8 M34
health service worker	a person engaged in the provision of health services whether under the 2006 Act, the 2006 (Wales) Act or otherwise
host Board	in respect of— (a) a medical practitioner or a non-GP provider specified in paragraph (1); (b) a locum medical practitioner; or (c) a medical practitioner who is employed by a medical contractor in pursuance of a GMS, a PMS or an OOH contract or a PMS agreement, means— (i) the National Health Service Commissioning Board or each Local Health Board with which the partnership, company, practice, individual or contractor (as the case may be) has entered into such a contract or agreement; and (ii) (in the case of a medical practitioner) the relevant Board on whose medical performer's list the practitioner's name appears; in respect of— (a) a dental contractor specified in paragraph (2); or (b) a dental practitioner who is employed by a dental contractor to perform GDS or PDS in pursuance of a GDS contract or a PDS agreement but is not a party to that contract or agreement, means— (i) in relation to— (aa) England, the National Health Service Commissioning Board for which it provides primary dental services under section 99(1) of the 2006 Act M35 ; or (bb) each Local Health Board which relates to arrangements under which it provides primary dental services under section 56(1) or (2) of the 2006 Wales Act; and (ii) where appropriate, the relevant Board on whose dental performer's list the practitioner's name appears. (1) The medical practitioner or non-GP provider is— (a) an individual who is a GMS or a PMS practice or an APMS contractor; (b) a partner in a partnership that is— (i) a GMS or a PMS practice or an APMS contractor; and (ii) has entered into a GMS contract, a PMS agreement or an APMS contract for the provision of primary medical services; (c) a shareholder in a company limited by shares that is— (i) a GMS or a PMS practice or an APMS contractor; and (ii) has entered into a GMS contract, a PMS agreement or an APMS contract for the provision of primary medical services. (2) The dental contractor is one who provides primary dental services under— (i) a GDS contract; (ii) a PDS agreement (whether or not a PDS contractor is a party to the agreement); or (iii) a contract for services
lifetime allowance	in relation to a person, has the meaning given in section 218 of the 2004 Act M36
locum practitioner	a medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by an entity specified in paragraph (1) to deputise or temporarily assist in the provision of services, work or functions specified in paragraph (2) or any combination of these. (1) The entities are— (a) a GMS practice; (b) a PMS practice; (c) an APMS contractor; (d) an OOH provider; or (e) a Local Health Board or the National Health Service Commissioning Board. (2) The services, etc., are— (a) essential services, additional services, enhanced services, pharmaceutical services or dispensing services within the meaning of the GMS Contracts Regulations; (b) OOH services; (c) commissioned services; (d) certification services; (e) Board and advisory work; (f) health related functions exercised under section 75 of the 2006 Act; (g) NHS 111 services; F1 ... (h) collaborative services[F2 ; or (i) services pursuant to an NHS standard contract or an NHS standard sub-contract.]
medical contractor	see paragraph 3 of Schedule 5
medical performers list	a list of registered medical practitioners prepared and published— (a) by the National Health Service Commissioning Board pursuant to regulation 3(1) of the National Health Service (Performers Lists) (England) Regulations 2013; or (b) by a Local Health Board pursuant to regulation 3(1) of the National Health Service (Performers Lists) (Wales) Regulations 2004
medical practitioner	see regulation 166
member	in relation to this scheme means— (a) an active member; (b) a deferred member; (c) a pensioner member; or (d) a pension credit member
NHS 111 services	services provided as part of the telephone advice line commissioned by a Clinical Commissioning Group or the National Health Service Commissioning Board
NHS employment	employment or engagement of an individual who is of a description in— (a) any of sub-paragraphs (a) to (e) of paragraph (1) of regulation 18, or (b) sub-paragraph (a) or (b) of paragraph (2) of that regulation, unless the scheme manager certifies that the employment is not NHS employment
NHS organisation	see paragraph 1 of Schedule 5
[F3 “NHS standard contract”	means the terms and conditions from time to time drafted by the National Health Service Commissioning Board pursuant to regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standard Rules) Regulations 2012]
[F3 “NHS standard sub-contract”	means the terms and conditions from time to time drafted by the National Health Service Commissioning Board pursuant to regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standard Rules) Regulations 2012]
non-GP provider	(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
normal minimum pension age	see section 279(1) of the 2004 Act
normal pension age	is determined in accordance with section 10 of the 2013 Act
OOH provider	see regulation 164
OOH services	services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice, APMS contractor or PMS practice to patients to whom the practice or contractor is required by its GMS contract, APMS contract or PMS agreement to provide essential services (see the GMS Contracts Regulations), would be or would be similar to essential services In this definition— (a) “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 and a bank holiday; (b) “out of hours period” means— (i) the period beginning at 6:30pm on any day from Monday to Thursday and ending at 8am the following day; (ii) the period between 6:30pm on Friday and 8am the following Monday; (iii) Good Friday, Christmas Day and a bank holiday
overtime	any period of time worked in excess of the lesser of— (a) the period of time for which the person has contracted to work in the ordinary course of events; or (b) such period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events
PDS agreement	an agreement for the provision of primary dental services pursuant to section 64 arrangements (see the 2006 (Wales) Act) or section 107 arrangements (see the 2006 Act)
PDS contractor	a person who— (a) is a party to a PDS agreement; and (b) is neither the National Health Service Commissioning Board nor a Local Health Board
PMS agreement	an agreement for the provision of primary medical services pursuant to— (a) section 50 arrangements (see the 2006 (Wales) Act); (b) section 92 arrangements (see the 2006 Act); or (c) a transitional agreement under Part 4 of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 M37
PMS practice	(a) an individual, (b) two or more individuals practising in partnership, or a company limited by shares, with whom, or with whose members the National Health Service Commissioning Board or Local Health Board has entered into a PMS agreement under which primary medical services are provided (otherwise than by the National Health Service Commissioning Board or Local Health Board)
pay period	in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract
pension credit	a credit under section 29(1)(b) of the 1999 Act (including a credit under corresponding Northern Ireland legislation)
pension credit member	see section 124(1) of the 1995 Act
pensionable employment	NHS employment in respect of which contributions are payable under Part 4
pensioner member	in relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme
practice staff	[F4 means a person who is not a registered medical practitioner, a GP registrar or a non-GP provider and who is employed by a GMS practice, a PMS practice, an APMS contractor or an OOH Provider to assist in the provision of any of the following— (a) OOH services or services that practice or provider provides pursuant to a GMS contract, PMS agreement or an APMS contract; (b) services pursuant to an NHS standard contract; (c) services pursuant to an NHS standard sub-contract; (d) clinical health care services for the NHS commissioned by an employing authority that is not a GMS practice, a PMS practice, an APMS contractor, an OOH provider or an Independent Provider;]
practitioner	see regulation 27(5)
prospective normal pension age	in relation to a member's prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to Treasury directions made under section 11(2) of the 2013 Act) would apply in relation to those benefits
public sector transfer arrangements	arrangements approved by the Secretary of State as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes
qualifying service	see regulation 22
quarter	a 3 month period ending on the last day of March, June, September or December
scheme manager	see regulation 3
scheme year	a period of 12 months starting on 1st April
[F3 “shared parental leave”	the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014]
standard earned pension	pension which— (a) is earned under this scheme; and (b) is payable without actuarial reduction at normal pension age
state pension age	pensionable age, as specified from time to time in Part 1 of Schedule 4 to the 1995 Act
this scheme	the scheme established by these Regulations
transfer payment	a transfer value payment or a cash transfer sum made or received by the scheme in relation to a member

Textual Amendments

F1 Word in Sch. 15 omitted (1.4.2016) by virtue of The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 89(a)(i) (with reg. 105)

F2 Words in Sch. 15 added (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 89(a)(ii) (with reg. 105)

F3 Words in Sch. 15 inserted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 89(c) (with reg. 105)

F4 Words in Sch. 15 substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 89(b) (with reg. 105)

Marginal Citations

M1 1993 c.48.

M2 1995 c.26.

M3 S.I. 1995/300, as amended by S.I. 1997/80 and 1888, 1998/666 and 2216, 2000/605, 2001/1428 and 3649, 2002/561 and 2469, 2003/631 and 2322, 2004/665 and 696, 2005/661 and 3074, 2006/600 and 2919, 2007/2054 and 3280, 2008/654 and 2263, 2009/381, 1298 and 2466, 2010/492 and 1634, 2011/591 and 2586, 2012/610, 2013/413, 2014/78, 570, 1607 and 3061 and 2015/95 and 96; and as modified by S.I. 1996/971.

M4 1999 c.30.

M5 2004 c.12.

M6 2006 c.41.

M7 2006 c.42.

M8 S.I. 2008/653, as amended by S.I. 2008/2263, 2009/381, 1298 and 2446, 2010/492 and 1634, 2011/591 and 2586, 2012/610, 2013/413, 2014/78, 570 and 1607 and 2015/95 and 96.

M9 2013 c.25.

M10 Section 83(2) was substituted by section 55(1) of, and paragraph 30(1) and (2) of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

M11 2008 c.30. Section 3(7) has been amended by section 6(1) of the Pensions Act 2011 (c.19).

M12 S.I. 2010/772. Regulation 12 has been amended by S.I. 2012/215.

M13 1998 c.11.

M14 1983 c.54. Section 34L was inserted by S.I. 2010/234.

M15 Section 49B was inserted by S.I. 2007/3101 and amended by S.I. 2008/1774 and 2010/234. Schedule 4A was inserted by S.I. 2007/3101 and amended by S.I. 2010/234.

M16 Section 1I was inserted by section 10 of the Health and Social Care Act 2012.

M17 S.I. 2000/619 as amended by S.I. 2001/1428 and 3649, 2002/610, 2005/3074, 2006/600, 2007/3280, 2008/655, 2009/2446, 2010/492, 2011/2586, 2013/413, 2014/78 and 2015/96.

M18 2014 c.2 (N.I.).

M19 Section 106 has been amended by section 55(1) of, and paragraph 47 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

M20 S.I. 2013/349.

M21 S.I. 2013/898 (W. 102).

M22 The Directions are available online at https://www.gov.uk/government/publications/nhs-primary-medical-services-directions-2013 or a copy may be requested by writing to: Ministerial Correspondence and Public Enquiries Unit, Department of Health, Richmond House, 79 Whitehall, London, SW1A 2NS or telephoning: 020 7210 4850.

M23 The Directions are available online at http://www.wales.nhs.uk/sites3/page.cfm?orgid=480&pid=6070 or a copy may be requested by writing to: Welsh Government, Cathays Park, Cardiff, CF10 3NQ or telephoning: 0300 060 3300 (English language) or 0300 060 4400 (Welsh language).

M24 Section 100 has been amended by section 55(1) of, and paragraph 43 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

M25 Section 84 has been amended by section 55(1) of, and paragraph 31 of Schedule 4 to, the Health and Social Care Act 2012.

M26 S.I. 2004/433 as amended by S.I. 2004/865.

M27 S.I. 2004/477 as amended by S.I. 2004/1016.

M28 S.I. 2004/291 as amended by S.I. 2004/2694, 2005/893 and 3315, 2006/1501, 2007/3491, 2008/528 and 1700, 2009/2230, 2010/22, 231, 234, 478, 578 and 1621, 2012/970, 1479, 1916 and 2404, 2013/363 and 2014/465.

M29 S.I. 2004/478 as amended by S.I. 2004/1017, 2006/358, 2007/121 and 205, 2008/1329 and 1425, 2009/462, 2010/22, 234, 478, 729, 1621 and 1647, 2011/704, 2012/1916 and 2404, 2013/235 and 898 and 2014/1887 and 2291.

M30 Section 117 has been amended by section 55(1) of, and paragraph 55 of Schedule 4 to, the Health and Social Care Act 2012.

M31 S.I. 2008/1185. The definitions of “mandatory services” and “additional services” were substituted by S.I. 2010/634.

M32 1983 c.54. Section 34I was inserted by S.I. 2010/234.

M33 Section 34H was inserted by S.I. 201/234.

M34 Section 8 has been amended by sections 151 and 177 of, and paragraph 23(a) and (b) of Schedule 5 and Part 3 of Schedule 7 to, the Pensions Act 1995 (c.26), section 1(1) of, and paragraph 34(a) and (b) of Schedule 1 to, the Social Security Contributions (Transfer of Functions, etc) Act 1999 (c.2), section 15(3)(a) of, and paragraphs 1 and 3(1) to (4) of Schedule 4 to, the Pensions Act 2007 (c.22), section 4(1) of, and paragraphs 7 and 8(1) to (3) of Schedule 1 to, the National Insurance Contributions Act 2008 (c.16), section 11(4) of, and paragraphs 18 and 19 of Schedule 4 to, the Marriage (Same Sex Couples) Act 2013 (c.30) and article 2(1) of, and paragraph 1 of Schedule 1 to, S.I. 2005/2050, and is prospectively amended by section 15(3)(a) and section 27(2) of, and paragraphs 46 and 47 of Schedule 4 and Part 7 of Schedule 7 to the Pensions Act 2007 and section 24(1) of, and paragraphs 1, 2 and 7(1) to (5) of Schedule 13 to, the Pensions Act 2014 (c.19).

M35 Section 99(1) was substituted by section 55(1) of, and paragraph 42(1) and (2) of Schedule 4 to, the Health and Social Care Act 2012 (c.7).

M36 Section 218 has been amended by section 67 of, and paragraphs 1 and 2 of Schedule 18 to, the Finance Act 2011 (c.11) and section 48(1) to (3) and (5) of, and paragraphs 5 and 6(1) to (3) of Schedule 22 to, the Finance Act 2013 (c.29).

M37 S.I. 2004/865.