The National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Amendment Regulations 2004

Interpretation

3.  In paragraph (1) of regulation 2(1)–

(a) for the definition of “dependant” substitute–

““dependant” means a surviving spouse (providing the marriage was not, prior to 1st April 1995, subject to a decree of separation) or any surviving child of a participator or a person in whose favour a participator has made an election under regulation J1 of the 1995 Regulations (allocation of pension by member for benefit of dependant)(2)”;

(b) for the definition of “insurance company” substitute–

““insurance company” means–

(a)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; or

(b)

an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule to effect or carry out contracts of long-term insurance as a result of satisfying the establishment conditions within the meaning of that Schedule;

Provided that this definition must be read with–

(i)

section 22 (the classes of activity and categories of investment) of the Financial Services and Markets Act 2000;

(ii)

any relevant order under that section; and

(iii)

Schedule 2 to that Act.”;

(c) after the definition of “normal benefit age”(3) insert–

““occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993(4)”;

(d) for the definition of “participator” substitute–

““participator” means–

(a)

a contributor who has made a benefits election under regulation 11(3);

(b)

a contributor who has died;

(c)

a person who has ceased to be a contributor but has not exercised any right to take a cash equivalent within the meaning of section 94 of the Pension Schemes Act 1993 or to be paid a lump sum under regulation 14; or

(d)

a person in respect of whom investments have been made under regulations 7(1), 8(2) or 9(4);”;

(e) in the definition of “pensionable employment” after “Scotland” insert–

• “, or such other employment as the Scottish Ministers may approve for the purposes of a direction under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(5).”;

(f) omit paragraph (1A) of regulation 2(6).

(1)

Regulation 2 was amended by S.S.I. 2001/465 and S.I. 2001/3649.

(2)

S.I. 1995/365, amended by S.I. 1997/1434 and 1916, 1998/1593, 1999/443 and 2001/3649, and S.S.I. 2001/437, 2001/465, 2003/55, and 2003/270.

(3)

The definition of “normal benefit age” was inserted by regulation 1 of S.S.I. 2001/465.

(4)

1993 c. 48.

(5)

1967, c. 28. Section 7 was amended by Articles 2 and 5(4)(a) of S.I. 1968/1699; Section 10(5), paragraph. 66(a) and (b) of Schedule 6, and Schedule 8 of the Act; the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 40; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 5; and the National Health Service (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 24.

(6)

Paragraph (1A) of regulation 2 was inserted by S.I. 2001/3649.