SCHEDULES
SCHEDULE 15Definitions
Words in Sch. 15 omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 63 (with reg. 12A, Sch. 1 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 9); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 15 Table omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(5)(a)
Words in Sch. 15 inserted (with effect from 1.4.2015) by The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(10), 30(2) (with reg. 34)
Words in Sch. 15 Table inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 77(5)(b)
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)
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)
Words in Sch. 15 Table substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)
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)
Words in Sch. 15 Table substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), Sch. para. 1(1), Sch. para. 1(3)
Words in Sch. 15 substituted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 49(2)
Words in Sch. 15 substituted (with effect from 1.4.2021) by The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(4), 30(3) (with reg. 34)
Words in Sch. 15 inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 37(7)
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)
Words in Sch. 15 inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 49(3)
Words in Sch. 15 inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 19(2)(a)
Words in Sch. 15 inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 19(2)(b)
Words in Sch. 15 inserted (1.4.2023) by The National Health Service Pension Schemes (Amendment) Regulations 2023 (S.I. 2023/301), regs. 1(2), 19(2)(c)
Words in Sch. 15 inserted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 94(c)
Words in Sch. 15 inserted (with effect from 31.12.2014) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(7), 89(c) (with reg. 105)
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.
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.
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).
2008 c.30. Section 3(7) has been amended by section 6(1) of the Pensions Act 2011 (c.19).
S.I. 2010/772. Regulation 12 has been amended by S.I. 2012/215.
1983 c.54. Section 34L was inserted by S.I. 2010/234.
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.
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).
S.I. 2013/898 (W. 102).
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.
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).
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).
Section 84 has been amended by section 55(1) of, and paragraph 31 of Schedule 4 to, the Health and Social Care Act 2012.
S.I. 2004/433 as amended by S.I. 2004/865.
S.I. 2004/477 as amended by S.I. 2004/1016.
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.
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.
Section 117 has been amended by section 55(1) of, and paragraph 55 of Schedule 4 to, the Health and Social Care Act 2012.
S.I. 2008/1185. The definitions of “mandatory services” and “additional services” were substituted by S.I. 2010/634.
1983 c.54. Section 34I was inserted by S.I. 2010/234.
Section 34H was inserted by S.I. 201/234.
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).
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).
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).
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 |
F8the 2016 Order | means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016 |
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—
|
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 |
|
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, F11... |
certification services | services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts Regulations |
F14. . . | F14. . . |
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 M15 are not a connected scheme for the purpose of these Regulations |
conversion amount | see paragraph 10 of Schedule 9 |
corresponding health service scheme |
|
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—
|
dental contractor | see paragraph 4 of Schedule 5 |
F12dental performer |
|
dental performers list | a list of dental practitioners prepared in accordance with regulations made under—
|
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— |
doctors' retainer scheme |
|
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 M22 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 |
|
GMS Contracts Regulations | |
GMS practice |
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 M28 (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 M29 |
GP registrar | a medical practitioner who is being trained in general practice—
|
guaranteed minimum pension | see the 1993 Act, section 8 M32 |
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 |
|
F15integrated care board | a body established under Chapter A3 of Part 2 of the 2006 Act |
lifetime allowance | in relation to a person, has the meaning given in section 218 of the 2004 Act M34 |
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.
|
medical contractor | see paragraph 3 of Schedule 5 |
medical performers list | a list of registered medical practitioners prepared and published—
|
medical practitioner | see regulation 166 |
member | in relation to this scheme means—
|
NHS 111 services | services provided as part of the telephone advice line commissioned by F16an integrated care board or the National Health Service Commissioning Board |
NHS employment | employment or engagement of an individual who is of a description in—
unless the scheme manager certifies that the employment is not NHS employment |
NHS organisation | see paragraph 1 of Schedule 5 |
F5NHS 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 F17integrated care boards (Responsibilities and Standard Rules) Regulations 2012 |
F6NHS standard sub-contract | F13a sub-contract that complies with the National Health Service Commissioning Board’s guidance “NHS Template Sub-Contract for the Provision of Clinical Services for use with the NHS Standard Contract 2021/22 (Full Length and Shorter Form versions) Guidance” |
non-GP provider |
|
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—
|
overtime | any period of time worked in excess of the lesser of—
|
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—
|
PMS agreement | an agreement for the provision of primary medical services pursuant to—
|
PMS practice |
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) |
F10parental bereavement leave | the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020 |
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 | F3means 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—
|
practitioner | see regulation 27(5) |
F18primary care network | a network of primary medical services contractors and other providers of services which has been approved by the National Health Service Commissioning Board, serving an identified geographical area |
F19primary care network management company | a partnership or incorporated legal entity that is a party to a primary care network standard sub-contract and under which provides services to that network that are related to the management of that network |
F20primary care network standard sub-contract | a sub-contract that complies with the National Health Service Commissioning Board’s template sub-contract, “Sub-contract for the provision of services related to the Network Contract Directed Enhanced Service 2022/23 |
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 |
F6scheme administration charge | the charge provided for in regulation 36A |
scheme manager | see regulation 3 |
scheme year | a period of 12 months starting on 1st April |
F9section 9(2B) rights | has the same meaning it has in the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015 |
F4shared parental leave | the meaning given in regulation 3(1) of the Shared Parental Leave Regulations 2014 |
standard earned pension | pension which—
|
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 |
Words in Sch. 15 inserted (6.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(3), 94(a)