The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

Out of hours providersN.I.

20.—(1) For the purposes of these Regulations, an OOH provider is—

(a)a company limited by guarantee (which is not otherwise an employing authority)—

(i)in which all the members of the company are registered medical practitioners, APMS contractors or GMS practices and the majority of those members are—

(aa)APMS contractors, GMS practices whose APMS contracts or GMS contracts require them to provide OOH services; or

(bb)registered medical practitioners who are partners or shareholders in an APMS contractor or a GMS practice which is a partnership or a company limited by shares and which is required to provide OOH services under its GMS contract or APMS contract,

(ii)which has a contract with a Health and Social Services Board, an APMS contractor or a GMS practice for the provision of OOH services, and

(iii)in respect of which a Health and Social Services Board appointed by the Department to act on its behalf—

(aa)is satisfied that the provision of OOH services by the company is wholly or mainly a mutual trading activity;

(bb)is satisfied that the company has met all the conditions for being an OOH provider in this regulation; and

(cc)has, pursuant to a written application made by the company to it for that purpose, approved the company as an employing authority; or

(b)some other body corporate (which is not otherwise an employing authority) which—

(i)operates in the interests of those who are the recipients of the primary medical services it provides or of the general public;

(ii)operates on a not-for-profit basis;

(iii)is not an associated company in relation to another person;

(iv)has memorandum or articles or rules that—

(aa)prohibit the payment of dividends to its members; and

(bb)require its profits (if any) or other income to be applied to promoting its objects, and

(cc)require all the assets which would otherwise be available to its members generally to be transferred on its winding up either to another body which operates on a not-for-profit basis and whose purpose is to provide health or social care for the benefit of the community or to another body the objects of which are the promotion of charity and anything incidental or conducive thereto,

(v)has at least one member who is—

(aa)an APMS contractor or a GMS practice; or

(bb)a partner in a partnership that is an APMS contractor or a GMS practice; or

(cc)a shareholder in a company limited by shares that is an APMS contractor or a GMS practice,

(vi)has a contract with a Health and Social Services Board, an APMS contractor or a GMS practice, for the provision of OOH services; and

(vii)is approved as an employing authority by a Health and Social Services Board appointed by the Department to act on its behalf—

(aa)pursuant to a written application made by the body to it for that purpose; and

(bb)that Health and Social Services Board being satisfied that the body has met all the conditions for being an OOH provider in this regulation.

(2) For the purposes of paragraph (1)(b)(iii)—

(a)a body corporate is to be treated as another person's associated company if that person has control of it, except if that person is an employing authority; and

(b)a person shall be taken to have control of a body corporate if he exercises, or is able to exercise, or is entitled to acquire, direct or indirect control over its affairs.

(3) A company limited by guarantee or other body corporate which provides or is to provide OOH services and which wishes to be approved as an employing authority must make a written application to a Health and Social Services Board appointed by the Department to act on its behalf (“the appointed Board”).

(4) An application referred to in paragraph (3) may specify the date from which approval by the appointed Board (if given) shall have effect (“the nominated date”).

(5) If a company limited by guarantee or other body corporate makes an application and—

(a)the appointed Board is satisfied that the company or other body corporate meets the conditions for approval or will do so at any nominated date which is later than the approval date; and

(b)it approves that application, that approval shall take effect on the later of the nominated date and the approval date.

(6) If paragraph (5) applies, HSC employment shall be treated as commencing on the later of the nominated date (if any) and the approval date.

(7) For the purposes of this regulation the conditions for approval are those referred to in paragraph (1)(a) or (b) as the case may be.

(8) The appointed Board may give an OOH provider a notice in writing terminating its participation in [F1this Section of] the Scheme where that provider—

(a)does not have in force a guarantee, indemnity or bond as required by the Department in accordance with regulation 33;

(b)has ceased to satisfy the conditions for approval;

(c)has notified the Health and Social Services Board that any one of the following events has occurred in respect of it—

(i)a proposal for a voluntary arrangement has been made or approved under Part II of the Insolvency (Northern Ireland) Order 1989 M1 (“the 1989 Order”); or

(ii)an administration application has been made, or a notice of intention to appoint an administrator has been filed with the court, or an administrator has been appointed under Part III of the 1989 Order; or

(iii)a receiver, manager or administrative receiver has been appointed under Part IV of the 1989 Order; or

(iv)a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed under Part V or Part VI of the 1989 Order or an instrument of dissolution has been drawn up in accordance with section 67 of the Industrial and Provident Societies (Northern Ireland) Act 1969 M2; or

(v)notice has been received by it that it may be struck off the register of companies, or an application to strike it off has been made, under Part XX of the Companies (Northern Ireland) Order 1986 M3.

(9) An OOH provider—

(a)must give the appointed Board notice in writing upon the occurrence of any of the events referred to in paragraph (8)(c) and must give such notice on the same day as that event;

(b)that wishes to cease to participate in [F2this Section of] the Scheme must give the appointed Board and its employees not less than 3 months notice in writing (to commence with the date of the notice) of that fact.

(10) An OOH provider must cease to participate in [F3this Section of] the Scheme on—

(a)such date as the appointed Board may specify in a notice under paragraph (8);

(b)the day upon which the period referred to in paragraph (9)(b) expires if a notice under that provision has been given.