The National Health Service Pension Scheme (Amendment) Regulations 2002

10.—(1) Schedule 2 is amended as follows.

(2) In paragraph 1—

(a)the following definitions are inserted in alphabetical order at the appropriate places—

• ““Local Health Group” means a committee which—

  (a)

  was appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 in accordance with a circular issued by the Secretary of State for Wales in October 1998 entitled “Establishing Local Health Groups”, and

  (b)

  exercises functions in accordance with the National Assembly of Wales' directions of 1st September 2001;”;

• ““locum practitioner” means a registered medical practitioner other than a trainee practitioner who—

  (a)

  is not a principal practitioner, an associate general practitioner, an assistant practitioner or a person who is treated as a practitioner under regulation R11 (participators in pilot schemes),

  (b)

  is either—

  (i)

  included in a supplementary list prepared by a Health Authority under section 43D of the National Health Service Act 1977 of persons approved by the Authority for the purpose of assisting in the provision of general medical services, or

  (ii)

  named as a performer of personal medical services in an agreement made under section 2 of the National Health Service Primary Care Act 1997, and

  (c)

  is engaged under a contract for services with a practitioner, otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of general medical services or personal medical services;”;

(b)in the definition of “assistant practitioner” for the words “a practitioner” there are substituted the words “a registered medical practitioner or registered dentist, being a practitioner”;

(c)in the definition of “associate general practitioner” for the words “ a medical practitioner” there are substituted the words “a registered medical practitioner other than a trainee practitioner”;

(d)for the definition of “principal practitioner” there is substituted—

““principal practitioner” means a registered medical practitioner or registered dentist who is included in a list prepared in accordance with regulations made under section 29(2)(a) or 36(1)(a) of the 1977 Act;”.

(3) In paragraph 2(1) after “Authority”, in both places where it occurs, there are inserted the words “or, in the case of a locum practitioner, the listing Authority or the appropriate contracting party”.

(4) After that sub-paragraph there is inserted—

“(1A) In sub-paragraph (1)—

• “the listing Authority”, in relation to a locum practitioner within paragraph (b)(i) of the definition of that expression, means the Health Authority who prepare and publish the supplementary list under section 43D of the National Health Service Act 1977 in which he is included,

• “the appropriate contracting party”, in relation to a locum practitioner within paragraph (b)(ii) of the definition of that expression, means the Health Authority or Primary Care Trust with whom the agreement is made for the provision of piloted services by the person by whom he is treated as employed under regulation R11.”.

(5) At the end of paragraph 2(2) there are inserted the words “(except to the extent that for a practitioner of his description remuneration in respect of that work is excluded from being pensionable earnings)”.

(6) After paragraph 2 there is inserted—

“Membership: locum practitioners

2A.—(1) Regulation B1(2) (automatic membership of the scheme) does not apply to locum practitioners.

(2) A locum practitioner may apply to join the scheme by sending an application to the employing authority and submitting such evidence relating to his service as a locum practitioner and the contributions payable in respect of it as are required by the authority.

(3) On receiving such an application, such evidence and such contributions, the employing authority must submit the application to the Secretary of State.

(4) If a locum practitioner wishes to apply to join the scheme from a date earlier than 5th April 2002 he must submit an application under paragraph (2)—

(a)in a case where immediately before 5th April 2002 he is engaged under a contract for services with a practitioner, by virtue of which he is a locum practitioner, not later than ten weeks after he ceases to be so engaged, and

(b)in any other case, before 1st January 2003.

(5) Except where sub-paragraph (4) applies, no application may be made under sub-paragraph (2) in respect of a period of engagement as a locum practitioner ending earlier than ten weeks before the date of the application.”.

(7) In paragraph 3 (meaning of “pensionable earnings”)—

(a)in sub-paragraph (1) for the words from the beginning to “means” there are substituted the words “In the case of a principal practitioner “ pensionable earnings” means”, and

(b)in sub-paragraph (2)(d) for the words “or a Primary Care Group” there are substituted the words “, a Primary Care Group or a Local Health Group ”.

(8) In paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners)—

(a)at the end of sub-paragraphs (1)(a) and (2)(a) and (b) there are inserted the words “or any payments made to the practitioner in respect of the provision of locum services”,

(b)in sub-paragraph (1)(b) for the words “or a Primary Care Group” there are substituted the words “, a Primary Care Group or a Local Health Group ”, and

(c)after sub-paragraph (2) there is inserted—

“(3) In the case of a locum practitioner, “pensionable earnings” means all fees and other payments made to the locum practitioner in respect of the provision of locum services (but excluding payments made to cover expenses or for overtime), less such expenses as are deductible in accordance with guidance laid down by the Secretary of State.

(4) In this paragraph references to the provision of locum services, in relation to a practitioner, are to general medical services or personal medical services provided by the practitioner when engaged under a contract for services with a practitioner, otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of such services.”.

(9) In paragraph 9(1) and (8) after the words “a principal practitioner ” there are inserted the words “or a practitioner providing piloted services under an agreement between that practitioner and a Health Authority or Primary Care Trust”.

(10) After paragraph 9 there is inserted—

“Locum practitioners: breaks between contracts

9A.—(1) Paragraph (4A) of regulation C3 does not apply and this paragraph applies instead where a locum practitioner ceases to be engaged as such a practitioner and so ceases to be treated as being in pensionable employment and is re-engaged as such a practitioner before the expiry of a period not exceeding three months from the day on which he so ceases.

(2) For the purposes of these Regulations—

(a)he is treated as continuing to be in qualifying service during the period whilst he is not so engaged and as not being required to rejoin the scheme at the time when he becomes so re-engaged, but

(b)that period does not count as practitioner service (or as a period in pensionable employment).”.

(11) In paragraph 10 (contributions)—

(a)in sub-paragraph (1) for “(2) to (5)” there is substituted “(2) to (5B)”, and

(b)after sub-paragraph (5) there is inserted—

“(5A) Locum practitioners must pay their contributions to their employing authority.

(5B) Contributions paid by practitioners under sub-paragraph (4), (5) or (5A) must be paid to the Secretary of State no later than the 19th day of the month following that in which they are received from the practitioners.”.

(12) At the end of paragraph 19 (members absent from work) there is inserted—

“(7) Regulations P1 and P2 and the previous sub-paragraphs do not apply in the case of locum practitioners.”.