Health and Medicines Act 1988

Retirement etc.

8 Retirement of practitioners.

(1) The Secretary of State shall by regulations made by statutory instrument provide for the removal—

(a) from any list maintained under section 29 of the [1977 c. 49.] National Health Service Act 1977 or section 19 of the [1978 c. 29.] National Health Service (Scotland) Act 1978;

(b) from any list maintained under section 36 of the National Health Service Act 1977 or 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 (a) or (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.

9 Reduction of pension on re-employment after attaining 65

Regulation 76 of the [S.I. 1980 No. 362.] National Health Service (Superannuation) Regulations 1980 and Regulation 75 of the [S.I. 1980 No. 1177.] National 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.