Statutory Instrument 1997 No. 1916 (S.139)

The National Health Service Superannuation Scheme (Scotland) Amendment (No.2) Regulations 1997

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© Crown Copyright 1997

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" (d) a registered medical practitioner whose name is included in a list kept pursuant to section 20 of the 1978 Act[5] or a partnership of such practitioners in respect of the employment of practice staff to assist in the provision of general medical services in accordance with arrangements under section 19 of the 1978 Act[6];";

(c) after the definition of "personal pension scheme" insert the following definition:-

"practice staff"

Persons, other than an assistant, associate or trainee practitioner, employed by a registered medical practitioner whose name is included in a list kept pursuant to section 20 of the 1978 Act or a partnership of such practitioners to assist in the provision of general medical services in accordance with arrangements made under section 19 of the 1978 Act;".

Meaning of "pensionable service"
     4. After regulation C2(2)(e) insert the following sub-paragraph:-

" (f) in the case of practice staff any employment or portion of their employment which relates to provision of services other than provision of general medical services in accordance with arrangements made under section 19 of the 1978 Act.".

Pensionable service in respect of part-time employment
     5. After regulation C4(4) insert the following paragraph:-

    " (4A) For the purposes of paragraph (4) "a single comparable whole-time employment" means the number of hours, half days or sessions which the Secretary of State determines would constitute comparable whole-time employment.".

Early retirement pension (redundancy etc.)
     6. After regulation E3(3) insert the following paragraph:-

    " (4) This regulation shall not apply to practice staff.".

Early retirement pension (employer's consent)
     7. After regulation E4(2) insert the following sub-paragraph:-

    " (3) This regulation shall not apply to practice staff.".

Amendment of Schedule 1
     8. In paragraph 1 of Part I of Schedule 1-

(a) at the end of the definition of "assistant practitioner" for the words "and for whose employment the consent of the Health Board is required" substitute the words "or who is participating in the Doctors' Retainer Scheme";

    

(b) after the definition of "principal practitioner" there shall be inserted the following definition:-

" "Doctors' Retainer Scheme" has the same meaning as given in section 39 of the Statement of Fees and Allowances Paid to General Medical Practitioners in Scotland prepared under regulation 31 of the National Health Service (General Medical Services) (Scotland) Regulations 1995([7]".

Brian Wilson
Minister of State, Scottish Office

St Andrew's House, Edinburgh
21st July 1997



We consent,


Jim Dowd

Jon Owen Jones
Two of the Lord Commissioners for Her Majesty's Treasury

25th July 1997

[2] The function was transferred to the Treasury by S.I. 1981/1670.back

[3] S.I. 1995/365; amended by S.I. 1997/1434.back

[4] 1978 c.29.back

[5] Section 20 was amended by paragraph 1(1) of Schedule 6 to the Health Services Act 1980 (c.53) and partly repealed by Schedule 7 to that Act.back

[6] Section 19 was amended by section 7 of the Health Services Act 1980, paragraph 2 of Schedule 7 to the Health and Social Services and Social Security Adjudications Act 1983 (c.41),paragraph 17 of Schedule 5 to the Medical Act 1983 (c.54), section 37 of the National Health Service and Community Care Act 1990 (c.19) and paragraph 29 of the Schedule to the Medical (Professional Performance) Act 1995 (c.51).back

[7] S.I. 1995/416; copies of the Statement of Fees and Allowances Paid to General Medical Practitioners in Scotland can be obtained on request from the Scottish Office Department of Health, St Andrew's House, Edinburgh.back