The National Health Service Superannuation Scheme (Scotland) Amendment (No. 2) Regulations 2003

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    (2) These Regulations extend to Scotland only.

Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995
     2. The National Health Service Superannuation Scheme (Scotland) Regulations 1995[3] shall be amended in accordance with regulations 3 to 11 of these Regulations.

Contributions and other payments by employing authorities
     3. In regulation D2-

(a) at the end of the paragraph (1) insert "and when specifying a rate the Scottish Ministers shall include the cost of providing any increases in pensions which are payable by virtue of Part I of the Pensions (Increase) Act 1971[4]"; and

(b) in paragraph (3)(d) after "sub paragraphs (a) to (c) above" insert "which has not been contributed pursuant to paragraph (1)".

Preserved pension
     4. In regulation E6-

(a) at the beginning of paragraph (4), for "If" substitute "Except in a case to which paragraph (4A) applies, if"; and

(b) after paragraph (4), insert-

    " (4A) Paragraph (4) may not apply where the NHS employment which the member is in when he reaches age 60 is employment into which he has been transferred as a result of a transfer of an undertaking to the employer.

    (4B) Where a member receives a pension under paragraph (1) while being in the new employment to which paragraph (4A) applies-


(a) his benefits in respect of any pensionable service in that new employment shall be calculated without regard to any pensionable service in any earlier employment; and

(b) for the purposes of regulation C2 (meaning of "pensionable service") and regulation D1(3) and (4) (contributions by members), his service in the earlier employment and in the new employment shall be aggregated.".

Reduction of pension on return to NHS employment
     5. In regulation S2-

(a) at the beginning of paragraph (1)[5], for "Subject to paragraph (12), this", substitute "Subject to paragraph (12) and except in a case to which paragraph (1A) applies, this"; and

(b) after paragraph (1), insert-

    " (1A) This paragraph applies where the member has been transferred into NHS employment as a result of a transfer of an undertaking to the employer.".

Accounts and actuarial reports
     6. In regulation U3(5) after "pensionable pay" insert "and of all contributions to the scheme made under regulation D2(1)".

Amendments to Schedule 1
     7. Schedule 1 (medical and dental practitioners) is amended in accordance with regulations 8 to 11.

Additional definitions used in Schedule 1
     8. In paragraph 1, for the definition of "locum practitioner"[6], substitute-

" "locum practitioner" means a registered medical practitioner, other than a GP registrar, who is engaged under a contract for services with a practitioner otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of general medical services or personal medical services".

Application of Regulations with modifications
     9.  - (1) In paragraph 2(1A)[7]-

(a) for the definition of "the listing Authority", substitute-

" "the listing Authority" in relation to a locum practitioner means the Health Board or Trust who prepare and publish-
(a) the medical list in accordance with regulations made under sections 19(2)(a) or 25(2)(a) of the 1978 Act[8]; or

(b) the services list under section 17EA or the supplementary list under section 24B of the 1978 Act[9],



on which he is included.";

(b) in the definition of "the appropriate contracting party", omit "within paragraph (b)(ii) of the definition of that expression".

    (2) In paragraph 2(2)[10] omit the words following "as a practitioner".

Meaning of pensionable earnings
     10.  - (1) In paragraph 3(2)(a), after "general ophthalmic services" insert ", locum services".

    (2) After paragraph 3(3), insert-

    " (4) In sub-paragraph (2)(a), "locum services" shall have the same meaning as for the purposes of paragraph 6".

Meaning of pensionable earnings in relation to other practitioners
     11. In paragraph 6(1)(a) and (3)(a) and (b)[11], omit "or any payments made to the practitioner in respect of the provision of locum services".


ANDREW P KERR
A member of the Scottish Executive

Victoria Quay, Edinburgh
16th May 2003



We consent


JIM FITZPATRICK

NICK AINGER
Two of the Lords Commissioners of Her Majesty's Treasury

3rd June 2003

[2] See the Superannuation Act 1972, section 10(1) and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).back

[3] S.I. 1995/365, amended by S.I. 1997/1434, 1997/1916, 1998/1593, and 1999/443 and S.S.I. 2001/437, 2001/465 and 2003/55.back

[4] 1971 c.56. Section 2 has been replaced by section 59 of the Social Security Pensions Act 1975 (c.60) but subsection (7) of that section provides the said section 59 shall have effect as if contained in the said Act of 1971.back

[5] Regulation S2(1) was amended by S.I. 1998/1593.back

[6] The previous definition of "locum practitioner" was inserted by S.S.I. 2003/55.back

[7] Paragraph 2(1A) was inserted by S.S.I. 2003/55.back

[8] S.I. 1995/365, as relevantly amended by S.I. 1997/1916, defines "the 1978 Act" as meaning the National Health Service (Scotland) Act 1978 (c.29).back

[9] Section 17EA was inserted by section 18(1) of the Community Care and Health (Scotland) Act 2002 (asp 5) and section 24B was inserted by section 18(2) of that Act.back

[10] Paragraph 2(2) was amended by S.S.I. 2003/55.back

[11] Paragraph 6(1)(a) was inserted by S.S.I. 2001/437; paragraph 6(3) was inserted by S.I. 1998/1593 and amended by S.I. 1999/443 and S.S.I. 2003/55.back