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4. In regulation 12 (further restrictions on eligibility), for paragraph (6) substitute—
“(6) A person may be a member of the Scheme despite being entitled to be a member of the National Health Service Pension Scheme for England and Wales (“the NHS Scheme”) if—
(a)the person’s entitlement to be a member of the NHS Scheme is by reason of employment by—
(i)a Care Trust designated under section 77 of the National Health Service Act 2006(1);
(ii)an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of that Act; or
(iii)the Care Quality Commission as a result of a transfer of employment from the Commission for Social Care Inspection, in connection with its dissolution under Part 1 of the Health and Social Care Act 2008(2); and
(b)the person is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and one of the bodies specified in sub-paragraph (a)(i) to (iii); and
(c)the person was an active member of the Scheme immediately before becoming employed by one of those bodies.”.
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