The National Health Service Pension Scheme (Scotland) Regulations 2015

Regulation 149

SCHEDULE 13 Definitions

Table

Column 1	Column 2
Word or expression	Meaning or reference to provision where meaning is to be found
the 1978 Act	National Health Service (Scotland) Act 1978(1)
the 1993 Act	Pension Schemes Act 1993(2)
the 1995 Act	Pensions Act 1995(3)
the 1995 Section	the section of the National Health Service Superannuation Scheme for Scotland set out in the 2011 Regulations
the 1999 Act	Welfare Reform and Pensions Act 1999(4)
the 2004 Act	Finance Act 2004(5)
the 2004 Regulations	National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(6)
the 2008 Section	the section of the National Health Service Superannuation Scheme for Scotland set out in the 2013 Regulations
the 2011 Regulations	National Health Service Superannuation Scheme (Scotland) Regulations 2011(7)
the 2013 Act	Public Service Pensions Act 2013(8)
the 2013 Regulations	National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013(9)
accrual rate	the fraction of pensionable earnings that accrue as earned pension for a financial year
accrued rights	does not include a right to benefits attributable (directly or indirectly) to a pension credit
active member	see section 124(1) of the 1995 Act; except where the context otherwise requires refers to membership of this scheme (but see regulation 84(3))
actuarial reduction	see paragraph 9 of Schedule 7
additional pension	unless the context otherwise requires, so much of a pension payable by virtue of contributions paid under Chapter 5 of Part 4
additional services	see Schedule 1 to the 2004 Regulations
allocation amount	the amount of the pension allocated in consequence of making an allocation election
allocation election	an election under regulation 50
assistant dental practitioner	a dentist included in the second part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010(10)
automatic enrolment date	see section 3(7) of the Pensions Act 2008(11)
automatic re-enrolment date	see regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010(12)
base rate	(a) the Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or (b) if an order under section 19 of the Bank of England Act 1998(13) is in force, an equivalent rate determined by the Treasury under that section.
CCT	a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983(14), including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act
certification services	services related to the provision of medical certificates listed in Schedule 3 to the 2004 Regulations
connected scheme	see section 4(6) of the 2013 Act, but the provisions of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998(15) are not a connected scheme for the purpose of these Regulations
contracting Health Board	(a) in respect of a medical practitioner or non-GP provider who is—
	(i) a partner in a partnership that is a GMS practice; (ii) a partner in a partnership that has entered into a Section 17C Agreement; (iii) a partner in a partnership that is an HBPMS contractor that has entered into an HBPMS contract for the provision of primary medical services; or (iv) an individual who is a GMS practice, Section 17C Agreement provider or an HBPMS contractor,
	the Health Board with which the partnership, company, practice or contractor (as the case may be) has entered into such an agreement or contract and (in the case of a medical practitioner) the relevant Board on whose medical performers’ list the practitioner’s name appears;
	(b) in respect of a dental practitioner, the Health Board for whom the dental practitioner provides general dental services and on whose list the dentist’s name appears
conversion amount	see paragraph 10 of Schedule 7
corresponding health service scheme	(a) a pension scheme provided under regulations made under section 1(2)(e) of the 2013 Act and having effect in England and Wales; or (b) a pension scheme established under section 1(2)(e) of the Public Service Pensions Act (Northern Ireland) 2014(16)
corresponding scheme	a corresponding health service scheme the provisions of which the scheme manager has determined correspond to the provisions of these Regulations
deferred member	in relation to a period of pensionable service, is a person (P) who— (a) ceases to be an active member in relation to that period of service before P reaches normal pension age; (b) does not become a pensioner member in relation to that period of service; and (c) has at least two years’ qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received
dental contractor	a dental practitioner or body corporate included in the first part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010
dental practitioner	see paragraph 5 of Schedule 5
determination employer	see paragraph 6 of Schedule 5
dispensing services	the provision of drugs, medicines and such appliances as are included in the list prepared by Scottish Ministers under section 27(1) of the 1978 Act
employing authority	see regulation 32(6)
enactment	includes an Act of the Scottish Parliament and subordinate legislation under such an Act
enhanced services	see regulation 2(1) of the 2004 Regulations
essential services	services required to be provided in accordance with regulation 15 of the 2004 Regulations
general dental practitioner	a dentist included in sub-part A of the first part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010
general dental services	see section 25(1) of the 1978 Act
GMS contract	a contract under section 17J of the 1978 Act or under article 13 of the General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004(17)
GP performer	a medical practitioner who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services, or a combination of these services—
	(a) under a GMS contract, a Section 17C Agreement or an HBPMS contract; (b) on behalf of an OOH provider; or (c) under a contract of service or for services with a Health Board which relates to arrangements by which it is to provide primary medical services
GP registrar	a medical practitioner who is being trained in general practice by a GP trainer, whether as part of training leading to a CCT or otherwise
guaranteed minimum pension	see the 1993 Act, section 8
HBPMS contract	arrangements for the provision of services in accordance with section 2C(2) of the 1978 Act between a Health Board and a HBPMS contractor
HBPMS contractor	a person with whom a Health Board has made arrangements under section 2C(2) of the 1978 Act, but only if that person is also a person who would be eligible to enter into a GMS contract or a Section 17C Agreement for the provision of primary medical services and has not entered into such a GMS contract or Section 17C Agreement
lifetime allowance	in relation to a person, has the meaning given in section 218 of the 2004 Act
locum practitioner	a medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by—
	(a) a GMS practice; (b) a Section 17C Agreement provider; (c) an HBPMS contractor; (d) an OOH provider; or (e) a Health Board,
	to deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services or collaborative services (or any combination of those services)
medical contractor	see paragraph 3 of Schedule 5
medical performers list	a list prepared by a Health Board pursuant to regulation 4(1) of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004(18)
medical practitioner	see paragraph 4 of Schedule 5
member	in relation to this scheme means—
	(a) an active member; (b) a deferred member; (c) a pensioner member; or (d) a pension credit member
NHS employment	employment or engagement of an individual who is of a description in—
	(a) any of sub-paragraphs (a) to (d) of paragraph (1) of regulation 18; or (b) sub-paragraph (a) or (b) of paragraph (2) of that regulation,
	unless the scheme manager certifies that the employment is not NHS employment
NHS organisation	see paragraph 1 of Schedule 5
non-GP provider	(a) a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that practice;
	(b) a partner in a partnership—
	(i) all of whose members have entered into a Section 17C Agreement for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that partnership;
	(c) a partner in a partnership that is an HBPMS contractor—
	(i) that has entered into an HBPMS contract for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that partnership;
	(d) a shareholder in a company limited by shares that is—
	(i) a GMS practice, or
	(ii) a Section 17C Agreement practice or an HBPMS contractor that has entered into a Section 17C Agreement or an HBPMS contract for the provision of primary medical services,
	but who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that company;
	(e) an individual who is a Section 17C Agreement practice or an HBPMS contractor, but who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she participates in the provision of NHS services
normal minimum pension age	see section 279(1) of the 2004 Act
normal pension age	is determined in accordance with section 10 of the 2013 Act
OOH provider	see regulation 150
OOH services	services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice, a Section 17C Agreement provider or an HBPMS contractor to patients to whom the practice, provider or contractor is required by its contract or agreement to provide essential services, would be or would be similar to essential services
overtime	any period of time worked in excess of the lesser of—
	(a) the period of time for which the person has contracted to work in the ordinary course of events; or (b) such period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events
pay period	in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract
pension credit	a credit under section 29(1)(b) of the 1999 Act (including a credit under corresponding Northern Ireland legislation)
pension credit member	see section 124(1) of the 1995 Act
pensionable employment	NHS employment in respect of which contributions are payable under Part 4
pensioner member	in relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme
practice staff	a person who is—
	(a) not a registered medical practitioner, a GP registrar or a non-GP provider, and (b) is employed by a GMS practice, a Section 17C Agreement practice, an HBPMS contractor or an OOH provider to assist in the provision of the services it provides
practitioner	see regulation 25(7)
primary medical services	see section 2C of the 1978 Act
principal practitioner	a GP performer or a general dental practitioner
prospective normal pension age	in relation to a member’s prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to Treasury directions made under section 11(2) of the 2013 Act) would apply in relation to those benefits
public sector transfer arrangements	arrangements approved by the scheme manager as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes
qualifying service	see regulation 22
quarter	a 3 month period ending on the last day of March, June, September or December
scheme manager	see regulation 3
scheme year	a period of 12 months starting on 1st April
Section 17 Agreement	an agreement made under section 17C of the 1978 Act
Section 17 Agreement provider	any person who is providing primary medical services in accordance with a Section 17C Agreement
standard earned pension	pension which—
	(a) is earned under this scheme, and (b) is payable without actuarial reduction at normal pension age
State pension age	pensionable age, as specified from time to time in Part 1 of Schedule 4 to the 1995 Act
this scheme	the scheme established by these Regulations
transfer payment	a transfer value payment or a cash transfer sum made or received by the scheme in relation to a member

(1)

1978 c.29.

(2)

1993 c.48.

(3)

1995 c.26.

(4)

1999 c.30.

(5)

2004 c.12.

(6)

S.S.I. 2004/115.

(7)

S.S.I. 2011/117.

(8)

2013 c.25.

(9)

S.S.I. 2013/174.

(10)

S.S.I. 2010/208.

(11)

2008 c.30.

(12)

S.I. 2010/772.

(13)

1998 c.11.

(14)

1983 c.54

(15)

S.I. 1998/1451.

(16)

2014 c.2 (N.I.).

(17)

S.S.I. 2004/163.

(18)

S.S.I. 2004/114.