Statutory Instrument 1998 No. 667

The National Health Service (Injury Benefits) Amendment Regulations 1998

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© Crown Copyright 1998

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" "the 1997 Act" means the National Health Service (Primary Care) Act 1997[5]";

(b) in sub-paragraph (a) of the definition of "assistant practitioner" after the words "such practitioner" insert the words ", and for whose employment the consent of the Health Authority is required";

(c) in sub-paragraph (i) of the definition of "average remuneration" for "applie" substitute "applies";

(d) before the definition of "Dental Practice Board" insert the following definition - 

" "dental list" means a list prepared in accordance with regulations made under section 36(1)(a) of the National Health Service Act 1977[6];";

(e) after the definition of "employing authority" insert the following definitions - 

" "medical list" means a list prepared in accordance with regulations made under section 29(2)(a) of the National Health Service Act 1977;
"pilot scheme" has the meaning given in section 1(1) of the 1997 Act;
"pilot scheme employee" has the meaning given in section 2(3) of the 1997 Act;
"piloted services" has the meaning given in section 1(4) of the 1997 Act;";

(f) for the definition of "practitioner" substitute the following definition - 

" "practitioner" means - 
(a) a medical practitioner or a dental practitioner on the medical list or, as the case may be, the dental list of a Health Authority;

(b) an assistant practitioner;

(c) a medical practitioner who is providing piloted services under a pilot scheme; and

(d) a medical practitioner who is a pilot scheme employee, and - 


(i) whose name appears on the medical list of a Health Authority; or

(ii) who was an assistant practitioner;



prior to the commencement of the pilot scheme;"



(g) for the definition of "relevant pension scheme" substitute the following definition - 

" "relevant pension scheme" means any form of arrangement, whether subsisting by virtue of an Act of Parliament, trust, contract or otherwise for the provision of pension benefits in connection with employment mentioned in regulation 3(1), including a personal pension scheme as defined in section 1 of the Pension Schemes Act 1993[7], or an additional pension referred to in section 44(3)(b) of the Social Security Contributions and Benefits Act 1992[8], but excluding - 
(a) any arrangements for the provision of benefits under legislation related to social security, other than the said additional pension;

(b) any arrangement for the provision of benefits paid for by additional voluntary contributions under which the rate or amount of benefit payable is calculated by reference to the proceeds of the investment of those contributions;".

Amendment of regulation 3 of the principal Regulations
     3. In regulation 3 of the principal Regulations (persons to whom the regulations apply) - 

(a) in paragraph (1) - 


(i) in sub-paragraph (c) delete the word "or";

(ii) in sub-paragraph (d) after the word "approve" delete "," and insert ";";

(iii) after sub-paragraph (d) insert the following sub-paragraphs - 


" (e) is providing piloted services under a pilot scheme; or

(f) is a medical practitioner who is a pilot scheme employee and for whose employment the consent of the Health Authority, with which the person providing piloted services has agreed to provide piloted services, is required,";



(b) in paragraph (2) insert "wholly or mainly" immediately before the word "attributable" in each place where that word appears.

Amendment of regulation 4 of the principal Regulations
     4. In paragraph (6)(b)(ii) of regulation 4 of the principal Regulations (scale of benefits) for "sections 53(2)" to "that Act" substitute "sections 80 (dependent children), 86A[9] (increase for adult dependants) and 87[10] (rate of increase where associated retirement pension is attributable to reduced contributions) of that Act".

Amendment of regulation 4A of the principal Regulations
     5. After paragraph (5) of regulation 4A (recovery of costs)[11] insert the following paragraph - 

    " (6) This regulation shall apply to - 


(a) a practitioner;

(b) a person providing piloted services; and

(c) a medical practitioner who is a pilot scheme employee;



as if he were an officer employed by the Health Authority in whose area he is providing services or, as the case may be, the Health Authority with which the person providing piloted services has agreed to provide piloted services.".

Signed by authority of the Secretary of State for Health.


Alan Milburn
Minister of State, Department of Health

10th March 1998



We consent to the making of these Regulations.


Jon Owen Jones

Graham Allen
Lords Commissioners of Her Majesty's Treasury

10th March 1998

[2] See section 10(4) of the Superannuation Act 1972.back

[3] See section 10(1) of the Superannuation Act 1972 and article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).back

[4] S.I. 1995/866; the relevant amending instrument is S.I. 1997/646.back

[5] 1997 c.46.back

[6] 1977 c.49.back

[7] 1993 c.48.back

[8] 1992 c.4.back

[9] Section 86A was inserted by section 2(5) of the Social Security (Incapacity for Work) Act 1994 (c.18).back

[10] Section 87(1)(a) was substituted by paragraph 26 of Schedule 2 to the Jobseekers Act 1995 (c.18). The words "or invalidity pension" in section 87(1)(b) and (2) were repealed by the Social Security (Incapacity for Work) Act 1994, Schedule 1, paragraph 24(3) and Schedule 2. The words in section 87(1) were substituted by paragraph 24(4) of Schedule 1 to the Social Security (Incapacity for Work) Act 1994.back

[11] Regulation 4A was inserted by S.I. 1997/646.back