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

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Insertion of new regulation 155A

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19.  After regulation 155 (Concurrent employments) insert—

Participators in pilot schemes

155A.(1) For the purposes of these Regulations, for the duration of any pilot scheme—

(a)a registered dentist—

(i)who is, in relation to the pilot scheme, a person providing piloted services, 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 Regional 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 Regional 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 dentist to whom paragraph (a) does not apply shall—

(i)if he is providing piloted services, be treated as a practitioner employed by the Regional Board; or

(ii)if he is a dental pilot scheme employee, be treated as an officer;

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

(i)was employed as a HSC employee or as a HSC dental employee and was not a registered dentist; or

(ii)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 Regional Board;

(f)a person other than a registered dentist who—

(i)is employed as a dental pilot scheme employee otherwise than by a HSC Trust;

(ii)immediately prior to the commencement of such employment, was employed by an HSC Trust or by the Regional Board as a HSC dental employee; and

(iii)was at that time a member,

shall continue to be eligible to be a member.

(2) Notwithstanding paragraph (1), where the provider of a piloted service is a qualifying body, it shall be liable to pay contributions under regulation 31 or 162 as appropriate, 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.

(3) 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(1), 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..

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