The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 2003

Application of Regulations with modifications

16.—(1) In paragraph 2(1)–

(a) after “Primary Care NHS Trust”, in both places where it occurs, insert “or, in the case of a locum practitioner, the listing Authority or the appropriate contracting party”.

(2) After paragraph 2(1) insert–

“(1A) In sub-paragraph (1)–

“the listing Authority”, in relation to a locum practitioner within paragraph (b)(i) of the definition of that expression, means the Health Board or Trust who prepare and publish the services list under section 17EA or the supplementary list under section 24B of the 1978 Act in which he is included,

“the appropriate contracting party”, in relation to a locum practitioner within paragraph (b)(ii) of the definition of that expression, means the Health Board or Primary Care NHS Trust with whom the agreement is made for the provision of piloted services by the person by whom he is treated as employed under regulation R13.”.

(3) At the end of paragraph 2(2) insert the words “(except that, unless and to the extent that paragraphs 2A or 2B apply in any particular case, any remuneration in respect of locum practitioner work concurrent with practitioner service is excluded from being pensionable earnings)”.

(4) After paragraph 2 insert–

“Membership: locum practitioners

2A.— (1) Regulation B1(2) (automatic membership of the scheme) does not apply to locum practitioners.

(2) A locum practitioner may apply to join the scheme by sending an application to the employing authority and submitting such evidence relating to his service as a locum practitioner and the contributions payable in respect of it as are required by the employing authority.

(3) On receiving such an application, such evidence and such contributions, the employing authority must submit the application to the Scottish Ministers.

(4) If a locum practitioner wishes to apply to join the scheme from a date earlier than the coming into force of these Regulations he must submit an application under paragraph (2)–

(a) in a case where immediately before the date of coming into force of these Regulations he is engaged under a contract for services with a practitioner, by virtue of which he is a locum practitioner, not later than ten weeks after he ceases to be so engaged, and

(b) in any other case, before 31st August 2003.

(5) Except where paragraph (4) applies, no application may be made under paragraph (2) in respect of a period of engagement as a locum practitioner ending earlier than ten weeks before the date of the application.”.

Modifications of provisions having effect from 1st April 2001 (locum practitioners) (retrospective effect when admitted to supplementary lists)

2B.— (1) For the purposes of these Regulations, a person is treated as having been a locum practitioner or as being such a practitioner at any particular time during the period beginning with 1st April 2001 and ending with 30th August 2003 (both dates inclusive) if–

(a) at that particular time, apart from the condition in paragraph (b) of the definition of “locum practitioner”, he would have fallen or falls within that definition, and

(b) he meets that condition not later than 31st August 2003.

(2) For the purposes of these Regulations, a person is also treated as having been a locum practitioner or as being such a practitioner at any particular time during the period beginning with 1st April 2001 and ending with 30th August 2003 (both dates inclusive) if–

(a) at that particular time, apart from the condition in paragraph (b) of the definition of “locum practitioner”, he would have fallen or falls within that definition, and

(b) he–

(i) became or becomes a principal practitioner, an associate general practitioner, an assistant practitioner or a person who is treated as a practitioner under regulation R13 (participators in pilot schemes) after that particular time and not later than 31st August 2003;

(ii) became or becomes a medical pilot scheme employee treated as an officer under regulation R13(b)(ii) after that particular time and not later than 31st August 2003; or

(iii) became or becomes a registered medical practitioner who is an officer after that particular time and not later than 31st August 2003.”.