Amendment of regulation 83A of the principal Regulations (Participators in pilot schemes)10

For regulation 83A11 there shall be substituted the following regulation—

Participators in pilot schemes83A

1

For the purposes of these Regulations, for the duration of any pilot scheme—

a

a registered medical practitioner or a registered dentist—

i

who is, in relation to the pilot scheme, a person providing piloted services, a medical pilot scheme employee, or a dental pilot scheme employee; and

ii

who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,

shall be treated as a practitioner employed by the relevant Health and Social Services Board;

b

a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the relevant Health and Social Services Board;

c

a registered dentist shall be treated as an officer if—

i

he is a dental pilot scheme employee; and

ii

immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and

iii

his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;

d

a registered medical practitioner or a registered dentist, to whom paragraph (a) does not apply, shall—

i

if he is providing piloted services, be treated as a practitioner employed by the relevant Health and Social Services Board; or

ii

if he is a medical pilot scheme employee or a dental pilot scheme employee,

be treated as an officer employed by the provider of the piloted services;

e

a person who is providing piloted services shall be liable to pay contributions under regulation 11 in respect of a member to whom paragraph (b) applies, or who is employed by him as a medical pilot scheme employee, or as a dental pilot scheme employee;

f

a member who, immediately prior to the commencement of a pilot scheme—

i

was employed as a HPSS employee or as a HPSS dental employee and was not a registered dentist;

ii

was employed as a medical pilot scheme employee, and was not a registered medical practitioner; or

iii

was employed as a dental pilot scheme employee, and was not a registered dentist,

and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the relevant Health and Social Services Board;

g

a medical pilot scheme employee, who is employed otherwise than by a HSS Trust, and to whom paragraph (a) or (d)(ii) does not apply, shall be treated for the purposes of these Regulations as if he were practice staff;

h

a person other than a registered dentist who—

i

is employed as a dental pilot scheme employee otherwise than by an HSS Trust;

ii

immediately prior to the commencement of such employment, was employed by an HSS Trust or by a Health and Social Services Board as a HPSS dental employee; and

iii

was at that time a member,

shall continue to be eligible to be a member;

i

a dental therapist who—

i

is a provider of piloted services or is a dental pilot scheme employee; and

ii

immediately prior to the commencement of the dental pilot scheme was not a member,

shall be eligible to be a member;

2

In paragraph (1) “relevant Health and Social Services Board” means the Health and Social Services Board which is a party to the pilot scheme agreement under which the piloted services are provided.