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Health and Medicines Act 1988, Cross Heading: Retirement etc. is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Secretary of State shall by regulations made by statutory instrument provide for the removal—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)from any list maintained under F2... section 25(2) of the National Health Service (Scotland) Act 1978,
of the name of any person who has attained an age specified in the regulations.
(2)If at the time when his application is determined an applicant for inclusion in a list of any description mentioned in paragraph F3. . . (b) of subsection (1) above is over the age specified in relation to a list of that description in regulations under that subsection, his application shall be refused.
(3)The Secretary of State may pay—
(a)to persons whose names are removed by virtue of regulations under subsection (1) above from a list such as is mentioned in paragraph (b) of that subsection; or
(b)to any description of such persons,
such amounts as he may determine in respect of any loss that he accepts that they have suffered as a consequence of the coming into force of regulations under subsection (1) above.
(4)Before making such a determination the Secretary of State shall consult such organisations as appear to the Secretary of State to be representative of persons providing general dental services.
(5)Regulations under this section may make such incidental or supplementary provision as the Secretary of State considers appropriate.
(6)A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)Payments of amounts under this section shall be made out of money provided by Parliament.
Textual Amendments
F1S. 8(1)(a) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), art. 1, Sch. para. 6(3) and Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2004/288, art. 6(2)(h) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(h) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345); S.I. 2004/288, art. 6(2)(h) (with art. 7) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, art. 5(2)(h) (with art. 6) (as amended by S.I. 2004/1019 and S.I. 2006/345)
F2Words in s. 8(1)(b) repealed (1.4.2006 for E., 1.4.2006 for W. for specified purposes) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(f); S.I. 2005/2925, art. 11; S.I. 2006/345, art. 7(2)(f)
F3Words in s. 8(2) repealed (10.12.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I, para. 64(3), Sch. 3 Pt. I; S.I. 1998/2840, art. 2(3), Sch.
Modifications etc. (not altering text)
C1S. 8: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1
Regulation 76 of the M1National Health Service (Superannuation) Regulations 1980 and Regulation 75 of the M2National Health Service (Superannuation) (Scotland) Regulations 1980 (under which further employment as a practitioner between the ages of 65 and 70 years in the case of a person who became entitled to a pension as a practitioner on or after attaining the age of 65 years is to be disregarded for the purpose of determining whether his pension is to be reduced) are hereby revoked.
Modifications etc. (not altering text)
C2S. 9 excluded by S.I. 1989/1893, reg. 2 and by S.I. 1989/2369, reg. 2
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