The National Health Service Pension Scheme and Provision of Information and Administrative Expenses etc. (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service Pension Scheme Regulations 1995 (“the Pension Scheme Regulations”) and the National Health Service (Provision of Information and Administrative Expenses etc.) Regulations 1996 (“the Provision of Information Regulations”).

Regulations 1 and 2 provide for citation, commencement and interpretation.

Regulation 3 inserts a new regulation B5 into Part B of the Pension Scheme Regulations which makes special provision in respect of persons electing to join or rejoin the NHS Pension Scheme (“the scheme”) who have previously opted out of the scheme as the result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (mis-sold personal pensions).

Regulation 4 makes amendments to the Pension Scheme Regulations which are consequential upon the insertion of regulation B5.

Regulation 5 makes an amendment to regulation M3 of the Pension Scheme Regulations which is consequential upon the insertion by regulation 6 of regulation N3A into those Regulations.

Regulation 6 makes amendments to Part N of the Pension Scheme Regulations it also inserts a new regulation N3A into those Regulations which makes provision for the manner in which the transfer payment by reference to which the additional period of pensionable service which may be credited by the scheme to persons to whom regulation B5 applies is to be calculated.

Regulations 7 to 9 make minor technical amendments to the Provision of Information Regulations.

Regulation 7 amends the definition of “personal pension scheme” in regulation 2(1) of the Provision of Information Regulations.

Regulation 8 amends regulation 4 of the Provision of Information Regulations.

Regulation 9 amends regulation 6 of the Provision of Information Regulations.

An assessment of the compliance cost to business of the measures arising from these Regulations has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Health, HRD-Employment Issues Branch, Room 111, Hesketh House, 200/220 Broadway, Fleetwood, Lancashire, FY7 8LG.