2016 No. 384
Health And Personal Social Services
Public Service Pensions

The Health and Personal Social Services (Superannuation), Health and Social Care (Pension Schemes) (Amendment) Regulations (Northern Ireland) 2016

Made
Coming into operation
The Department of Health, with the consent of the Department of Finance, makes the following Regulations in exercise of the powers conferred by Articles 12(1) and (2) and 14(1), (2) and (3) of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 19721 and sections 1(1) and (2)(e) and 3 of, and paragraph 5 of Schedules 1 and 2 and Schedule 3 to, the Public Service Pensions Act (Northern Ireland) 20142.

In accordance with Article 12(4) of the Superannuation (Northern Ireland) Order 1972 and section 21 of the Public Service Pensions Act (Northern Ireland) 2014, the Department has consulted with representatives of persons likely to be affected by these Regulations, as appeared to the Department to be appropriate.

PART 1Introductory

Citation, commencement and effect1.

(1)

These Regulations may be cited as the Health and Personal Social Services (Superannuation), Health and Social Care (Pension Schemes) (Amendment) Regulations (Northern Ireland) 2016.

(2)

These Regulations shall come into operation on the 17th November 2016 and shall have effect from 1st June 2016.

PART 2Amendment of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995

General2.

The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 19953 are amended as provided by regulations 3 to 5.

Amendment of regulation 23.

(1)

Regulation 2 (Interpretation) is amended as provided by paragraphs (2) to (4).

(2)

After the definition of “GOS arrangements” insert—
““GP Federation” means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 19834 and whose names are included in the medical performers list;”.

(3)

In the definition of “employing authority” after paragraph (e) insert—

“(ja)

a GP Federation which the Department agrees to treat as an employing authority for the purposes of this section of the scheme;”

(4)

In the definition of “practice staff” for the words “or an OOH provider” substitute “, an OOH provider or a GP Federation”.

Amendment of regulation 74.

After paragraph (1)(s) of regulation 7 (Restrictions on membership)5 add—

“(t)

that person is employed by a GP Federation but does not assist in the provision of health and personal social services provided by that GP Federation.”.

Amendment of regulation 115.

In paragraph (8) of regulation 11 (Contributions by employing authorities)6 for sub-paragraph (c) substitute—

“(c)

an OOH provider, or

(d)

a GP Federation.”.

PART 3Amendment of the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

General6.

The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 20087 are amended as provided by regulations 7 to 10.

Amendment of regulation 67.

(1)

Regulation 6 (Interpretation) is amended as provided by paragraphs (2) to (4).

(2)

After the definition of “GOS arrangements” insert—
““GP Federation” means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 19838 and whose names are included in the medical performers list;”.

(3)

In the definition of “employing authority” after paragraph (g) insert—

“(ga)

a GP Federation which the Department agrees to treat as an employing authority for the purposes of this section of the scheme;”.

(4)

In the definition of “practice staff” for the words “or an OOH provider” substitute “, an OOH provider or a GP Federation”.

Amendment of regulation 228.

After paragraph (10) of regulation 22 (Restrictions on eligibility: general)9, add—

“(11)

That person is employed by a GP Federation but does not assist in the provision of health and personal social services provided by that GP Federation.”.

Amendment of regulation 339.

In paragraph 1(b) of regulation 33 (Guarantees, indemnities and bonds)10, for sub-paragraph (iii) substitute—

“(iii)

an OOH provider; or

(iv)

a GP Federation.”.

Amendment of regulation 13710.

(1)

Regulation 137 (Interpretation of Part 3: general), is amended as provided by paragraphs (2) to (4).

(2)

After the definition of “GOS arrangements” insert—
““GP Federation” means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 198311 and whose names are included in the medical performers list;”.

(3)

In the definition of “employing authority” after paragraph (g) insert—

“(ga)

a GP Federation which the Department agrees to treat as an employing authority for the purposes of this section of the scheme;”.

(4)

In the definition of “practice staff” for the words “or an OOH provider” substitute “, an OOH provider or a GP Federation”.

PART 4Amendment of the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

General11.

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 201512 are amended as provided by regulations 12 to 14.

Amendment of regulation 1912.

In regulation 19 (Restrictions on membership) after paragraph (g) insert—

“(ga)

is employed by a GP Federation but does not assist in the provision of health and personal social services provided by that GP Federation;”.

Amendment of Schedule 513.

In Schedule 5 (Membership gateways) after paragraph 2 insert—

“2A.

The Department may agree to treat a GP Federation as an HSC organisation for the purposes of these Regulations.”.

Amendment of Schedule 1314.

(1)

Schedule 13 (Definitions) is amended as provided by paragraphs (2) and (3).

(2)

After the definition of “GOS arrangements” insert—
““GP Federation” means a community interest company limited by guarantee, all the members of which are fully registered persons within the meaning of section 55 of the Medical Act 198313 and whose names are included in the medical performers list;”.

(3)

In the definition of “practice staff” for “or an OOH provider” substitute “, an OOH provider or a GP Federation”.

Sealed with the Official Seal of the Department of Health on 21st October 2016

(L.S.)
Bill Pauley
A senior officer of the Department of Health

The Department of Finance consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance on 21st October 2016

(L.S.)
Emer Morelli
A senior officer of the Department of Finance
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. 1995 No.95) (“the 1995 Regulations”), the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008 No.256) (“the 2008 Regulations”) and the Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. 2015 No.120) (“the 2015 Regulations”).

Part 1 provides for citation, commencement and effect, including that the provisions of this rule are to take effect before the date of commencement. Article 14(1) of the Superannuation (Northern Ireland) Order 1972 and section 3(3) of the Public Service Pensions Act (Northern Ireland) 2014 provides authority for these regulations to take effect as from a date earlier than the making of these Regulations.

Parts 2, 3 and 4 make similar amendments in respect of the 1995 Regulations, the 2008 Regulations and the 2015 Regulations in that they permit staff employed by a GP Federation, who assist in the provision of health and personal social services, to join the Health and Personal Social Services Superannuation Scheme 1995 or Health and Social Care Pension Scheme 2008 or 2015 as the case may be.