The National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further amendments to the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (“the 1995 Regulations”) which provide for the superannuation of persons engaged in the National Health Service in Scotland. They have retrospective effect from 1st October 1998 as authorised by section 12 of the Superannuation Act 1972.

Regulation 3 amends regulation A2 of the 1995 Regulations to incorporate definitions in relation to the introduction of pilot schemes to provide personal dental services under the National Health Service (Primary Care) Act 1997.

Regulation 4 amends regulation B2 to exclude from membership of the pension scheme dental practice employees and providers of personal dental services (other than registered dentists and dental therapists) involved in a pilot scheme. In the case of employees, they are not excluded when employed by an NHS Trust or where they were NHS dental employees who were members, or eligible to be members, immediately before the pilot scheme started.

Regulation 5 amends regulation D1 to comply with section 49(8) of the Pensions Act 1995 regarding the timescale within which contributions deducted from a member’s pay must be paid to the trustees or managers of a pension scheme.

Regulations 6 and 7 amend regulations E3 and E4 to disapply the provisions for early retirement on redundancy or efficiency grounds or with the employer’s consent in respect of all providers of piloted services, anyone retaining practitioner status while involved in a pilot scheme, and employees of dental pilot scheme providers, except where the provider is an NHS Trust.

Regulation 8 deletes a reference to members being able to complete 9 years service which is superfluous as this is covered by Regulation Q1(6).

Regulation 9 substitutes a new regulation R13 which makes certain specific provisions for how the 1995 Regulations should apply to members who are participants in pilot schemes. It provides that–

(a) registered medical practitioners and registered dentists who have practitioner status immediately before the commencement of the pilot scheme will continue to be treated as practitioners employed by the relevant Health Board whether they are providing piloted services or employed by the pilot scheme provider;

(b) registered medical practitioners and registered dentists who do not have practitioner status immediately before the commencement of the pilot scheme will be treated as practitioners employed by the relevant Health Board if they are providing piloted services, and as officers employed by the pilot scheme provider if they are employed by him;

(c) a registered dentist engaged as a self-employed contractor by a provider of personal dental services will be treated as a practitioner employed by the relevant Health Board;

(d) a member who was previously an NHS employee or an NHS dental employee or a pilot scheme employee (other than a registered doctor or dentist), who is providing pilot services, will be treated as a whole-time officer employed by the relevant Health Board;

(e) medical pilot scheme employees, other than registered doctors or those employed by an NHS Trust, will be treated as practice staff;

(f) dental pilot scheme employees (other than registered dentists and dental therapists covered by (g) below) will only be eligible to be members of the scheme if they were members immediately prior to the commencement of the pilot;

(g) dental therapists involved in pilot schemes, whether as providers or performers, who were not previously members of the scheme, will be eligible to join;

(h) the pilot scheme provider is responsible for paying employer contributions for all members who are pilot scheme employees and for any registered dentists engaged by him as self-employed contractors.

Regulation 10 amends Schedule 1–

(a) to correct an error in the definition of “Doctors' Retainer Scheme”;

(b) to extend the definition of “pensionable earnings” for practitioners employed as pilot scheme employees so as to include dental pilot scheme employees and registered dentists engaged as contractors by pilot scheme providers;

(c) to extend the provision for pilot scheme providers and employees who are absent from work by reason of illness or injury to be treated as practitioners and officers respectively so as to cover registered dentists engaged as contractors by pilot scheme providers and dental pilot scheme employees.

These Regulations do not impose any costs on business.