The National Health Service (Superannuation Scheme, Injury Benefits and Compensation for Premature Retirement) (Scotland) Amendment Regulations 2005

PART IIIAMENDMENT OF THE NATIONAL HEALTH SERVICE (SCOTLAND) (INJURY BENEFITS) REGULATIONS 1998(1)

Interpretation

30.  In regulation 2(1)–

(a)for the definition of “assistant practitioner”, substitute–

““assistant practitioner” means–

(b)in the definition of “employing Authority”, omit sub-paragraph (cc)(2);

(c)in the definition of “NHS dental employee”, omit “or Primary Care NHS Trust”(3);

(d)in the definition of “practitioner”–

(i)omit “or Primary Care NHS Trust(4)” in each place where it occurs; and

(ii)in sub-paragraph (f)(5)–

(aa)after “medical practitioner”, insert “(other than a locum practitioner)”; and

(bb)at the end of sub-paragraph (f)(ii), insert–

“; or

(iii)an HBPMS contract”; and

(e)insert the following definitions in alphabetical order in the appropriate place–

• ““enhanced services”, with regard to–

  (a)

  a GMS practice, has the meaning given in regulation 2(1) of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(6); or

  (b)

  any other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be enhanced services within the meaning given in regulation 2(1) of those Regulations;”;

““essential services” has the same meaning as in the Superannuation Scheme Regulations;”;

““GP performer” has the same meaning as in the Superannuation Scheme Regulations;”;

““GP provider” has the same meaning as in the Superannuation Scheme Regulations;”;

““GMS practice” has the same meaning as in the Superannuation Scheme Regulations;”;

““HBPMS contract” has the same meaning as in the Superannuation Scheme Regulations;”;

““HBPMS contractor” has the same meaning as in the Superannuation Scheme Regulations;”;

““non GP provider” has the same meaning as in the Superannuation Scheme Regulations;”;

““OOH provider” has the same meaning as in the Superannuation Scheme Regulations;”; and

““section 17C agreement provider” has the same meaning as in the Superannuation Scheme Regulations;”.

Persons to whom the Regulations apply

31.  In regulation 3(1)(j) (persons to whom the Regulations apply)–

(a)in sub paragraph (i) omit “or Primary Care NHS Trust”(7); and

(b)at the end, insert–

“; or

(k)is a non GP provider”.

Recovery of costs

32.  In regulation 4A(4)(8)–

(a)in sub-paragraph (c) omit “and”;

(b)in sub-paragraph (e), for “National Health Service Trust or Primary Care NHS Trust;” substitute “Health Board; and”;

(c)after sub-paragraph (e), insert–

“(f)a person providing services under a section 17C agreement as if he was a whole time officer of that Health Board, and

(g)a non GP provider as if he were a whole time officer of the Health Board that has entered into the GMS contract or HBPMS contract,”; and

(d)omit “or Primary Care Trust” in both places where it occurs.