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The National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003

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Interpretation

2.—(1) In these Regulations–

“additional period of service” means a period of service calculated in accordance with regulation 5;

“early retirement regulations” means any regulations made under section 34A of the National Health Service (Scotland) Act 1972(1), section 260 of the Local Government Act 1972(2), article 19 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972(3) or article 3 of the Superannuation (Northern Ireland) Order 1973(4);

“employing authority” means–

(a)

a Health Board, Special Health Board, or the Common Services Agency for the Scottish Health Service established under section 2 and section 10 of the National Health Service (Scotland) Act 1978(5);

(b)

a National Health Service Trust established under section 12A of the National Health Service (Scotland) Act 1978(6);

(c)

the Mental Welfare Commission established under section 2 of the Mental Health (Scotland) Act 1984(7); or

(d)

any other body that is constituted under an Act relating to health services and which the Scottish Ministers agree to treat as an employing authority for the purposes of the scheme;

“entitled officer” means a person to whom these Regulations apply in accordance with regulation 3;

“local authority” has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973(8);

“local government compensation regulations” means any regulations made under section 219 of the Local Government (Scotland) Act 1973 or section 24 of the Superannuation Act 1972 in relation to local government service and the corresponding provisions in force in England and Wales, Northern Ireland and the Isle of Man;

“the material date”, in relation to an entitled officer, means the date on which that person became an entitled officer;

“officer” has the same meaning as in the Superannuation Scheme Regulations except that it shall not include a practitioner as defined in regulation A2 (interpretation) of the Superannuation Scheme Regulations(9), other than a dental practitioner who satisfies the conditions set out in regulation E3(10) of the Superannuation Scheme Regulations (early retirement pension (redundancy etc.)).

“the Superannuation Scheme Regulations” means the National Health Service Superannuation Scheme (Scotland) Regulations 1995(11);

“the 1980 Regulations” means the National Health Service (Superannuation) (Scotland) Regulations 1980(12);

“pensionable employment”, in relation to an entitled officer, has the meaning given by regulation A2 of the Superannuation Scheme Regulations;

“pensionable service”, in relation to an entitled officer, has the meaning given by regulation A2 of the Superannuation Scheme Regulations;

previous Compensation Regulations” means the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981(13);

(2) In these Regulations, unless the context otherwise requires–

(a)any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, Schedule bearing that number in these Regulations; and

(b)any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation, or as the case may be, that Schedule.

(1)

1972 c. 58. Section 34A was inserted by paragraph 141 of Schedule 4 to the National Health Service Reorganisation Act 1973 (c. 32).

(3)

S.I. 1972/1073 (N.I. 10), as amended by S.I. 1990/1509 (N.I. 13).

(5)

1978 c. 29; the definition of “Special Health Board” was inserted into section 2 by section 28 of the National Health Service and Community Care Act 1990 (c. 19), (“the 1990 Act”); section 10 was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 2, by the 1990 Act, Schedule 10 and by the Health Act 1999 (c. 8), Schedule 4, paragraph 44.

(6)

Section 12A was inserted by the 1990 Act, section 31.

(8)

1973 c. 65. The definition of “local authority” was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 92(66).

(9)

The definition of “practitioner” was inserted by S.S.I. 2003/55.

(10)

Regulation E3 was amended by S.I. 1997/1916 and 1998/1593.

(11)

S.I. 1995/365, as amended by S.I. 1997/1434 and 1916, 1998/1593, and 1999/443 and S.S.I. 2001/437 and 465 and 2003/55 and 270.

(12)

S.I. 1980/1177 (revoked by S.I. 1995/365, but with savings related to regulations 46, 50, 51, 52 and 78).

(13)

S.I. 1981/1785, as amended by S.I. 1985/2036 and 1992/3046, and S.S.I. 2001/437.

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