The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007

Amendments to the National Health Service (Compensation for Premature Retirement) Regulations 2002

5.—(1) The National Health Service (Compensation for Premature Retirement) Regulations 2002(1) shall be amended as follows.

(2) In regulation 2(1), in the definition of “employing authority”—

(a) in sub-paragraph (a)—

(i) omit “or Health Authority”;

(ii) for “section 8 of the National Health Service Act 1977” substitute “section 13 of the 2006 Act”; and

(iii) for “section 11 of that Act” substitute “, in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act”;

(b) in sub-paragraph (b), for “section 5 of the National Health Service and Community Care Act 1990” substitute “, in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act”;

(c) in sub-paragraph (bb), for “section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003” substitute “section 30(1) of the 2006 Act”;

(d) omit sub-paragraph (c);

(e) in sub-paragraph (d), for “section 16A of the National Health Service Act 1977” substitute “section 18 of the 2006 Act”;

(f) in sub-paragraph (dd), for “section 16BA of the National Health Service Act 1977” substitute “section 11 of the 2006 (Wales) Act”; and

(g) after paragraph (g) insert—

“(h) as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967, and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;

(i) as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;”.

(3) In regulation 15, after “Secretary of State” insert “and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by him in conformity with section 50 of the Pensions Act 1995”.

(1)

S.I. 2002/1311, amended by S.I. 2002/2469, 2003/631, 2004/696, 2005/3074 and 2006/2919.