The Health and Personal Social Services (Superannuation Scheme and Injury Benefits) and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2013

PART 2 AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES (SUPERANNUATION) REGULATIONS (NORTHERN IRELAND) 1995

Amendment of the 1995 Regulations

2.  The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995(1) are amended as provided by regulations 3 to 7.

Amendment of regulation 2

3.  In regulation 2 (Interpretation), in the definition of “employing authority” for paragraph (l) substitute—

“(l) Health and Social Care Trust (HSC Trust) established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991;”.

Amendment of regulation 7

4.—(1) Paragraph (1) of regulation 7 (Restrictions on membership)(2), is amended as provided by paragraphs (2) and (3).

(2) In sub-paragraph (q)(iv) after the words “Part VI” delete “.” and substitute “;”.

(3) After sub-paragraph (q), add—

“(r) that person is a person, other than a registered dentist, who is employed as a dental pilot scheme employee otherwise than by a HSC Trust, and who either—

(i) was, immediately prior to the commencement of such employment, a HPSS dental employee who was not eligible to join the scheme; or

(ii) has not previously been in employment as a HPSS dental employee;

(s) that person is a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme, other than a registered dentist.”.

Amendment of regulation 14A

5.  In regulation 14A (Early retirement pension (termination of employment by employing authority))(3), for paragraph (6) substitute—

“(6) This regulation does not apply to—

(a) practice staff;

(b) practitioners;

(c) non-GP providers;

(d) a member who is providing piloted services;

(e) a member to whom regulation 83A(1)(a) or (b) applies; or

(f) a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a HSC Trust.”.

Amendment of regulation 83A

6.—(1) Regulation 83A (Participators in pilot schemes)(4) is amended as provided by paragraphs (2) and (3).

(2) In paragraph (1)—

(a) in sub-paragraph (d)(ii) omit the words “employed by the provider of the piloted services”;

(b) omit sub-paragraph (e);

(c) at the end of sub-paragraph (f)(i), insert “or”;

(d) omit sub-paragraph (i).

(3) After paragraph (2) add—

“(3) Notwithstanding paragraph (1), where the provider of a piloted service is a qualifying body, it shall be liable to pay contributions under regulation 11, as if it were an employing authority, in respect of a member to whom paragraph (1)(b) applies, or who is employed by the qualifying body as a dental pilot scheme employee.

(4) For the purposes of this regulation, “qualifying body” means—

(a) a body corporate which, in accordance with the provisions of Part IV of the Dentists Act 1984(5), is entitled to carry on the business of dentistry; or

(b) a company which is limited by shares, all of which are legally and beneficially owned by persons falling within sub-paragraph (a), (b), (c) or (e) of paragraph (2) of Article 5 of the 1997 Order.”.

Amendment of Schedule 2

7.—(1) Paragraph 19 (Members absent from work) of Schedule 2 (Medical and dental practitioners)(6) is amended as provided by paragraphs (2) and (3).

(2) After sub-paragraph (5) add—

“(6) For the purposes of these Regulations, for the duration of any pilot scheme—

(a) a member who provides piloted services under a dental pilot scheme and who is absent from work by reason of illness or injury shall be treated as a practitioner whether or not his name is included on a dental list prior to the commencement of the pilot scheme; and

(b) a member who performs piloted services under a dental pilot scheme and who is absent from work by reason of illness or injury shall be treated as an officer whether or not his name is included on a dental list prior to the commencement of the pilot scheme.”

(3) After sub-paragraph (6) add—

“(7) Regulations 65 and 66 and the previous sub-paragraphs do not apply in the case of locum practitioners.”.

(1)

S.R. 1995 No.95 as amended by S.R. 1997 Nos.217 and 390 S.R. 1998 No.299; S.R. 1999 No.293; S.R. 2002 No.69; S.R. 2004 Nos.103 and 104; S.R. 2005 Nos.155, 533, 534 and 565; S.R. 2006 Nos.159 and 410; S.R. 2008 Nos.96, 130 and 163; S.R. 2009 Nos.65 and 188; S.R. 2010 Nos.22, 286 and 420; S.R. 2011 No.256; S.R. 2012 Nos.42 and 78

(2)

Paragraph (1) was inserted by S.R. 2008 No.163, regulation 5 and amended by S.R. 2009 No.65, regulation 5(2); S.R. 2010 No.286, regulation 4(2) and S.R.2012 No.42, regulation 4

(3)

Regulation 14A was inserted by S.R. 2008 No.96, regulation 3(5)

(4)

Regulation 83A was inserted by S.R. 1998 No.299 and substituted by S.R. 1999 No.293, regulation 10 and amended by S.R. 2005 No.565, regulation 10

(5)

1984 c.24

(6)

Paragraph 19 was amended by S.R. 1998 No.299, regulation 14(3); S.R. 1999 No.293, regulation 11(2); S.R. 2005 No.565, regulation 12(8) and S.R. 2008 No.163, regulation 63(12)