The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Scheme) and Health and Personal Social Services (Injury Benefits) (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009

Amendment of regulation 137

52.  In regulation 137 (Interpretation of Part 3: general)—

(a) before the definition of “corresponding health service scheme” insert—

““corresponding 1995 scheme” means a corresponding health service scheme, the provisions of which the Department has determined correspond to the provisions of the 1995 Regulations;

“corresponding 2008 scheme” means a corresponding health service scheme, the provisions of which the Department has determined correspond to the provisions of these Regulations;”;

(b) for the definition of “corresponding health service scheme” substitute—

• ““corresponding health service scheme” means—

  (a)

  a superannuation scheme provided under regulations made under section 10 of the Superannuation Act 1972(1) and having effect in England, Wales and Scotland,

  (b)

  a scheme made under section 2 of the Superannuation Act 1984(2) (an Act of Tynwald) applies, and

  (c)

  any other occupational pension scheme approved for the purposes of this regulation by the Department;”;

(c) after the definition of “GDS provider” insert—

• ““general ophthalmic services” has the meaning given by regulation 2(1) of the General Ophthalmic Services Regulations (Northern Ireland) 2007(3);”;

(d) after the definition of “GMS practice” insert—

• ““GOS arrangements” has the meaning given by regulation 13 of General Ophthalmic Services Regulations (Northern Ireland) 2007;”;

(e) for the definition of “host Board” substitute—

• ““host Board”, in respect of a person who is a registered medical practitioner or non-GP provider who is—

  (a)

  a partner in a partnership—

  (i)

  that is a GMS practice, or

  (ii)

  that is an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

  (b)

  a shareholder in a company limited by shares that is a GMS practice or an APMS contractor that has entered into an APMS contract for the provision of primary medical services;

  (c)

  an individual who is a GMS practice or an APMS contractor,

  means the Health and Social Services Board with which that partnership (in the case of paragraph (a)), company (in the case of paragraph (b)) or practice or contractor (in the case of paragraph (c)) has entered into an agreement or contract referred to in those provisions and (in the case of a registered medical practitioner) the relevant Board on whose medical performers' list that practitioner’s name appears, and such a person shall be deemed to be employed by the appropriate Board for the purposes of this Part;”;

(f) for definition of “OOH services” substitute—

““OOH services” means services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice or APMS contractor to patients to whom the practice or contractor is required by its GMS contract or APMS contract to provide essential services, would be or would be similar to essential services;”;

(g) after the definition of “OOH services” insert—

““ophthalmic provider” means a registered medical practitioner who is included in an ophthalmic list kept and published by the Agency pursuant to regulation 8(1) of the General Ophthalmic Services Regulations (Northern Ireland) 2007 (ophthalmic list);”;

(h) for the newly inserted definition of “ophthalmic provider”, substitute—

““ophthalmic provider” means a registered medical practitioner who is included in an ophthalmic performers list kept by the Agency pursuant to regulation 8(1) of the General Ophthalmic Services Regulations (Northern Ireland) 2007 and is a party to GOS arrangements;”;

(i) in the definition of “practitioner”, in paragraph (a) after “a registered medical practitioner” insert “or ophthalmic provider,”.

(1)

1972 c. 11

(2)

1984 c. 8 (Tynwald)

(3)

S.R. 2007 No. 436