PART 3AMENDMENT OF THE HEALTH AND SOCIAL CARE (PENSION SCHEME) REGULATIONS (NORTHERN IRELAND) 2008
Insertion of new regulation 155A19
After regulation 155 (Concurrent employments) insert—
Participators in pilot schemes155A
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 198418, 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.