The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

CHAPTER 1.B S ACCOUNTS AND INFORMATION

[F1 Actuarial reports and accounts S

1.B.1.— (1) The following paragraphs apply to the National Health Service Pension Scheme as set out in these Regulations and the National Health Service Superannuation Scheme (Scotland) Regulations 2011.

(2) The Scottish Ministers shall keep accounts of all income and expenditure of the scheme in a form approved by the Treasury.

(3) The accounts shall be open to examination by the Auditor General for Scotland.

(4) The scheme actuary must prepare an actuarial report of the scheme at 31st March 2012.

(5) The scheme actuary must send a copy of the actuarial report of the scheme to the Scottish Ministers and the Treasury.

(6) Where the Scottish Ministers indicate to the scheme actuary that the actuarial report referred to in paragraph (4) is also to be used for the purposes of establishing the 2015 scheme, the scheme actuary must prepare the report taking account of any Treasury directions given from time to time pursuant to sections 11(2) and 12(3) of the 2013 Act (including any specific requirements in those directions relating to a preliminary valuation undertaken for the purposes of setting the employer cost cap for the proposed new  scheme).]

Textual Amendments

F1 Reg. 1.B.1 substituted (retrospective and with effect in accordance with reg. 1(6) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1, 19

Provision of information for tax purposes S

1.B.2.—(1) A person who is entitled to a benefit under these Regulations must give the scheme administrator such information as will enable the scheme administrator to determine—

(a) whether a lifetime allowance charge M1 arises on the person becoming entitled to the benefit; and

(b) if any such charge arises, the amount of the tax payable.

(2) Paragraph (1) applies whether or not the person intends to rely on having given notice under any of the provisions specified in section 256(1) (enhanced lifetime allowance regulations) of the 2004 Act.

(3) If a person applying for a benefit under these Regulations intends to rely on entitlement by virtue of any such notice, in addition to the information mentioned in paragraph (1), the person must give the scheme administrator the reference number issued by the Commissioners for Her Majesty's Revenue and Customs M2 under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 M3 in respect of that entitlement.

(4) If a person claiming a benefit under these Regulations intends to rely on entitlement to [F2 fixed] protection against a lifetime allowance charge in accordance with paragraph 14 of Schedule 18 to the Finance Act 2011M4 [F3 or paragraph 1 of Schedule 22 to the Finance Act 2013], that person must give to the scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011M5 [F4 or the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013] in respect of that entitlement.

[F5 (4A) If a person applying for a benefit under this Section of the Scheme intends to rely on entitlement to individual protection against a lifetime allowance in accordance with paragraph 1 of [F6 Schedule 6] to the Finance Act 2014, that person must give to the scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2014 in respect of that entitlement.]

(5) The information that a person is required to give under this regulation must be given—

(a) at the time the person makes a claim for a benefit; or

(b) within such period ending after that time as the scheme administrator specifies in writing.

(6) If a person fails to comply with paragraph (5)(b), the scheme administrator may calculate and pay tax due in respect of the lifetime allowance charge on the basis that the whole benefit is chargeable.

(7) Paragraph (8) applies to members who are practitioners or non-GP providers (both as defined in Parts 2 and 3).

(8) The members referred to in paragraph (7) must provide the information required by regulation 15A of the Registered Pension Schemes (Provision of Information) Regulations 2006 M6 in respect of their benefits under the scheme, in a manner prescribed from time to time by the Scottish Ministers.

(9) In this regulation, “scheme administrator” means the scheme administrator, as the case may be, under regulation 2.J.1 or 3.J.1.

Textual Amendments

F2 Word in reg. 1.B.2(4) substituted (with effect in accordance with reg. 1(2)(b) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 16(a)(i)

F3 Words in reg. 1.B.2(4) inserted (with effect in accordance with reg. 1(2)(b) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 16(a)(ii)

F4 Words in reg. 1.B.2(4) inserted (with effect in accordance with reg. 1(2)(b) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 16(a)(iii)

F5 Reg. 1.B.2(4A) inserted (with effect in accordance with reg. 1(2)(b) of the amending S.S.I.) by The National Health Service Superannuation Scheme (Scotland) (Miscellaneous Amendments) Regulations 2014 (S.S.I. 2014/154), regs. 1(2), 16(b)

F6 Words in reg. 1.B.2(4A) substituted (1.4.2015) by The National Health Service Superannuation Scheme (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/96), regs. 1, 20

Marginal Citations

M1 The expression “lifetime allowance charge” has the meaning given in section 214(1) of the Finance Act 2004 (c.12).

M2 The functions of the Commissioner for Inland Revenue were transferred to the Commissioner for Her Majesty's Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c.11).

M3 S.I. 2006/131, amended by S.I. 2006/3261, 2009/56 and 2010/651.

M4 2011 c.11.

M5 S.I. 2011/1752.

M6 S.I. 2006/567. Regulation 15A was inserted by S.I. 2011/1797.