The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006

Publication Date:January 01, 2006
 
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2006No. 600

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006

7thMarch2006

10thMarch2006

The Secretary of State for Health, with the consent of the Treasury 1, makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2) and 12(1), (2) and (3) of, and Schedule 3 to, the Superannuation Act 1972 2.

In accordance with section 10(4) of that Act, she has consulted with representatives of persons likely to be affected by these Regulations, as appeared to her to be appropriate 3.

Citation, commencement, effect and interpretation

1.-

(1) These Regulations may be cited as the National Health Service (Pension Scheme, Injury Benefits and Additional Voluntary Contributions) Amendment Regulations 2006.

(2) These Regulations shall come into force-

(a) for the purposes of regulations 1, 2 (except the definitions of "lump sum rule", "lump sum death benefit rule", "normal minimum pension age", "occupational pension scheme", "personal pension scheme" and "protected pension age"), 3, 6 (except paragraph (2)), 7 (except paragraph (2)), 16, 17, 20, 21, 23, 24 and 25 on 1st April 2006;(b) for all other purposes, on 6th April 2006, but(c) regulation 21(4) shall have effect as from 1st April 2004 in so far as it relates to a type 1 medical practitioner or a non-GP provider.

(3) In these Regulations-

"the Additional Voluntary Contributions Regulations" means the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 4;

"the Injury Benefits Regulations" means the National Health Service (Injury Benefits) Regulations 1995 5; and

"the Pension Scheme Regulations" means the National Health Service Pension Scheme Regulations 1995 6.

Amendment of regulation A2 of the Pension Scheme Regulations

2.-

(1) Regulation A2 of the Pension Scheme Regulations (interpretation) is amended in accordance with this regulation.

(2) Omit the definitions of "assistant practitioner", "dental hygienist", "dental list", "dental pilot scheme employee", "dental therapist", "personal dental services", "pilot scheme", "piloted services", "principal practitioner" and "registered dentist".

(3) Insert each of the following definitions at the appropriate place in the alphabetical order-

"the 2004 Act" means the Finance Act 2004 7;

"dental performers list" means a list of dental practitioners prepared in accordance with regulations made under section 28X of the 1977 Act 8 (persons performing primary medical and dental services);

"dentist performer" means a dental practitioner whose name is included in a dental performers list and who performs primary dental services under-

(a) a GDS contract;(b) a PDS agreement to which a PDS contractor is a party; or(c) 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-(i) section 16CA(2) of the 1977 Act (primary dental services), or(ii) a PDS agreement to which a PDS contractor is not a party,

except that a vocational trainee who is undertaking vocational training and is in the first two months of that training need not have his name included in a dental performers list in order to be a dentist performer;

"GDS contract" means a general dental services contract under section 28K of the 1977 Act 9 (general dental services contracts: introductory);

"GDS contractor" means a person who is a party to a GDS contract, other than a Primary Care Trust or a Local Health Board;

"lump sum rule" has the meaning given in section 166 of the 2004 Act;

"lump sum death benefit rule" has the meaning given in section 168 of the 2004 Act;

"normal minimum pension age" has the meaning given in section 279 of the 2004 Act;

"PDS agreement" means section 28C arrangements under which primary dental services are provided;

"PDS contractor" means a person who is a party to a PDS agreement who is neither a Primary Care Trust, nor a Strategic Health Authority, nor a Local Health Board;

"protected pension age" means the pension age provided for in Part 3 of Schedule 36 to the 2004 Act for the purposes of that Part (which deals with pre-commencement benefit rights and the right to take benefit before normal minimum pension age) where the conditions specified in that Part are satisfied;

"type 1 dental practitioner" means a dentist performer who is not a type 2 dental practitioner;

"type 1 medical practitioner" means a GP provider who is not a type 2 medical practitioner;

"type 1 practitioner" means a type 1 dental practitioner or a type 1 medical practitioner;

"type 2 dental practitioner" means-

(a) a vocational trainee who is employed by a GDS or PDS contractor; or(b) a dentist performer with a contract for services with a Primary Care Trust or Local Health Board which relates to arrangements under which the Trust or Board provides primary dental services under-(i) section 16CA(2) of the 1977 Act (primary dental services), or(ii) a PDS agreement to which a PDS contractor is not a party;

"type 2 medical practitioner" means a GP performer who-

(a) is not a GP provider, and-(i) is employed (whether under a contract of service or for services) by a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board, and(ii) in that employment is engaged wholly or mainly in assisting his employer in the discharge of the employer's duties as a GMS practice, a PMS practice, an APMS contractor, an OOH provider, a Primary Care Trust or a Local Health Board; or(b) is participating in a Doctors' Retainer Scheme;

"type 2 practitioner" means a type 2 dental practitioner or a type 2 medical practitioner; and

"vocational trainee" means a dentist performer who is employed as a vocational trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a director of postgraduate dental education;.

(4) In-

(a) paragraph (c) of the definition of "GP performer", for "by it to provide" substitute "under which it provides primary medical";(b) paragraph (b) of the definition of "host Trust or Board", before "practitioner" insert "registered medical";(c) the definition of "PMS agreement", for "the 1977 Act" substitute "which primary medical services are provided";(d) the definition of "practice staff", for "an assistant practitioner, a principal practitioner, a trainee practitioners," substitute "a registered medical practitioner, a trainee practitioner";(e) the definition of "practitioner", for sub-paragraph (b) substitute the following-(b) a dentist performer;.

(5) For the definition of "NHS dental employee", "occupational pension scheme" and "personal pension scheme" respectively, substitute-

"NHS dental employee" means an individual who is not a practitioner and who, in connection with the provision of dental health services in the health service, is employed under a contract of service by-

(a) a Strategic Health Authority;(b) a National Health Service trust;(c) a NHS foundation trust;(d) a Primary Care Trust; or(e) a Local Health Board;

"occupational pension scheme" means an occupational pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 which-

(a) in the case of such a scheme established on, or after, the 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of regulations M and N;(b) in the case of such a scheme established before that date, was-(i) approved by the Commissioners for Her Majesty's Revenue and Customs 10 for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefits schemes) or whose application for approval under that Chapter was under consideration,(ii) a statutory scheme as defined in section 612(1) of the Income and Corporation Taxes Act 1988 (interpretation), or(iii) a scheme to which section 608 of the Income and Corporation Taxes Act 1988 applied (superannuation funds approved before 6th April 1980),

and on 6th April 2006 became a registered pension scheme for the purposes of the 2004 Act.

"personal pension scheme" means a personal pension scheme which-

(a) in the case of such a scheme established on, or after, 6th April 2006 is a registered pension scheme for the purposes of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of regulations M and N;(b) in the case of a scheme established before that date, was-(i) approved by the Commissioners for Her Majesty's Revenue and Customs for the purposes of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes), and(ii) on the 6th April 2006 became a registered pension scheme for the purpose of the 2004 Act;.

Amendment of regulation B2 of the Pension Scheme Regulations

3.In regulation B2 of the Pension Scheme Regulations 11 (restrictions on membership), for paragraphs (e) and (f) substitute-

(e) a person, other than a practitioner, who is employed by a GDS or PDS contractor..

Amendment of regulation B5 of the Pension Scheme Regulations

4.In paragraph (4) of regulation B5 of the Pension Scheme Regulations (opting into the scheme: mis-sold pensions) at the end of the definition of "personal pension scheme", add-

(iv) a scheme referred to in (i), (ii) or (iii) that obtained relevant approval under the Income and Corporation Taxes Act 1988 before 6th April 2006 and on that date became a registered scheme for the purpose of the 2004 Act;(v) a scheme established on, or after, 6th April 2006 as a registered scheme for the purpose of the 2004 Act and which the Secretary of State agrees to recognise as a transferring scheme for the purposes of regulations M and N..

Amendment of regulation E2 of the Pension Scheme Regulations

5.-

(1) Regulation E2 of the...

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