The National Health Service (Superannuation Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2008

Amendment of the National Health Service (Scotland) (Injury Benefits) Regulations 1998

3.—(1) The National Health Service (Scotland) (Injury Benefits) Regulations 1998(1) are amended as follows.

(2) In regulation 2(1) in the definition of “employing authority”, after paragraph (e) insert–

“(f) as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(2), and subject to such modifications to these Regulations as the Scottish Ministers may in any particular case direct, any employer of such a person which the Scottish Ministers agree to treat as an employing authority for the purposes of these Regulations;”.

(3) In regulation 4(4)(b) omit “permanent”.

(4) After regulation 4A(4)(g) insert the following–

“(h) a successor, transmittee or assignee of an employing authority’s business or functions; and

(i) the last employing authority of a person to whom regulation 3(1) applies.”.

(5) After regulation 18 insert–

“Requirement to provide evidence of entitlement

18A.   A person claiming to be entitled to benefits under these Regulations and that person’s employing authority including any previous employing authority of his shall provide such–

(a) evidence of entitlement; and

(b) authority or permission as may be necessary for the release by third parties of information in their possession relating to that person or that entitlement,

as the Scottish Ministers may from time to time require for the purposes of these Regulations.”.

(6) For regulation 22 substitute–

“22.— (1) The Scottish Ministers shall determine any question concerning any person’s rights or liabilities under these Regulations and their decision shall be final.

(2) Any dispute shall be resolved in accordance with the dispute resolution procedure issued from time to time by the Scottish Ministers in conformity with section 50 of the Pensions Act 1995.”.

(1)

S.I. 1998/1594 as amended by S.I. 1999/195 and 444, S.S.I. 2001/437, 2004/212 and 2005/512.

(2)

1967 c. 28.