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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend (in Part II) the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I. 1995/365) (“the Superannuation Scheme Regulations”), (in Part III) the National Health Service (Injury Benefits) (Scotland) Regulations 1998 (S.I. 1998/1594) (“the Injury Benefits Scheme Regulations”) and (in Part IV) the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 (S.S.I. 2003/344) (“the Compensation Scheme Regulations”).

The Superannuation Scheme Regulations set out the rules of the National Health Service Superannuation Scheme for Scotland (“the Scheme”) which provides for the superannuation of persons engaged in the National Health Service in Scotland. The Injury Benefits Scheme Regulations set out the rules applying to such persons where their earning ability is reduced or where they die as a result of an injury suffered, or a disease contracted, in the course of their duties. The Compensation Scheme Regulations set out the rules for payments by the Scottish Ministers where such persons retire prematurely by reason of redundancy or in the interests of the efficiency of the service.

Provisions in these Regulations have retrospective effect as authorised by section 12 of the Superannuation Act 1972: regulations 5 to 15, 18, 19 and 21 to 32 have effect from 1st April 2004. The remaining regulations have effect from the date of coming into force of the Regulations on 21st November 2005.

Regulations 5, 6, 8 to 13, 18, 22 to 27 and 29 to 32 amend provisions of the Superannuation Scheme Regulations and of the Injury Benefits Scheme Regulations to take account of the introduction of the new contract for the provision of general medical services, which was introduced on 1st April 2004.

Regulations 5, 7, 14, 15, 18, 19, 23, 26, 28 and 30 to 34 amend provisions in the Superannuation Scheme Regulations, the Injury Benefits Scheme Regulations and Compensation Scheme Regulations to remove references to National Health Service Trusts and Primary Care NHS Trusts and to make related consequential amendments. These references are no longer required as the National Health Service Trusts (Dissolution) (Scotland) Order 2004 (S.S.I. 2004/107) dissolved, on 1st April 2004, all remaining National Health Service Trusts in Scotland. Under the National Health Service Reform (Scotland) Act 2004 (asp 7) their functions have been subsumed by the Health Boards.

Regulations 5 and 19 amend provisions in the NHS Scheme Regulations to remove references to medical pilot schemes in NHS Scotland which have now ended.

Regulation 5 amends regulation A2 (interpretation) of the Superannuation Scheme Regulations to include new definitions and amend existing definitions relating to the types of medical services provided and the persons or bodies who provide them. These are necessary as a result of the introduction of the new contract for the provision of general medical services, the dissolution of National Health Service Trusts and the ending of medical pilot schemes.

Regulation 6 inserts a new regulation A3 (approved Out of Hours providers; “OOH providers”) which outlines the conditions which have to be satisfied before an OOH provider can become an employing authority under the terms of the Superannuation Scheme Regulations. It also deals with the date from which an approved body can obtain that status.

Regulation 8 amends regulation B4 (opting out of the scheme) of the Superannuation Scheme Regulations to enable an employee of an OOH provider that has retrospectively been approved as an employing authority under the terms of the Scheme to opt out of the Scheme during the retrospective period. It also clarifies the opting out process for employees of other employing authorities.

Regulation 9 amends regulation B5 (rejoining the scheme) of the Superannuation Scheme Regulations to provide for employees of an OOH provider that has been approved retrospectively as an NHS employing authority under the terms of the Scheme to join or rejoin during that retrospective period.

Regulation 10 amends regulation C1 (meaning of “pensionable pay”) of the Superannuation Scheme Regulations by substituting a new definition of pensionable pay, which includes provisions for non GP providers.

Regulation 11 amends regulation C2(f) (meaning of “pensionable service”) of the Superannuation Scheme Regulations to reflect the new arrangements under which medical services are provided, clarifying that pensionable service for practice staff is only where their employment relates to the provision of services under a GMS contract, a section 17C agreement, an HBPMS contract or to the provision of OOH services.

Regulation 12 amends regulation D1 (contributions by members) of the Superannuation Scheme Regulations by inserting a new paragraph which provides that should an employing authority fail to deduct a member’s contributions, the Scottish Ministers can recover the unpaid contributions from the member’s benefits should it be in member’s best interests, and should they agree to the deduction.

Regulation 13 amends regulation D2 (contributions and other payments by employing authorities) of the Superannuation Scheme Regulations to reflect the repeal and re-enactment of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 1981 (S.I. 1981/1785) by the Compensation Scheme Regulations. It also inserts a new paragraph (7) which provides the circumstances where certain employing authorities who have failed to pay or remit contributions to the Scheme in the past may be required to have in force a guarantee, bond or indemnity in respect of future contributions.

Regulation 16 amends regulation E6 (preserved pension) of the Superannuation Scheme Regulations to remove the overriding limit in respect of the lump sum which may be payable in order to discharge liability for a preserved pension under the Scheme.

Regulations 17 and 20 amend regulations F5 (payment of lump sum) and T6 (loss of rights to benefits) of the Superannuation Scheme Regulations respectively to provide that Scottish Ministers may direct that a widow, widower, dependant or nominated person forfeit benefits paid by the Scheme in respect of the death of a member, should the aforementioned beneficiaries be convicted of the unlawful killing of that member.

Regulation 18 amends regulation R1 (medical and dental practitioners and trainee practitioners) of the Superannuation Scheme Regulations to provide that non GP providers can access the Scheme from 1st April 2004, on the basis of a whole time officer.

Regulation 21 amends regulation U3 (accounts and actuarial reports) of the Superannuation Scheme Regulations, to change the scheme valuation cycle from 5 years to 4 years from 31st March 2003 and so as to require certain employing authorities to provide a certificate of pensionable earnings within 2 months of the end of each financial year.

Regulation 22 amends paragraph 1 of Schedule 1 (additional definitions used in this Schedule) of the Superannuation Scheme Regulations to include new definitions and to amend existing definitions necessary as a result of the introduction of the new contract for the provision of general medical services.

Regulation 23 makes minor amendments to paragraph 2 of Schedule 1 (application of Regulations with modifications) of the Superannuation Scheme Regulations to take account of the new contract for the provision of general medical services and to remove references to National Health Service Trusts.

Regulation 24 amends paragraph 3 of Schedule 1 (meaning of “pensionable earnings”) of the Superannuation Scheme Regulations to re-define what constitutes pensionable earnings for principal practitioners and for non GP providers.

Regulation 25 replaces paragraph 4 of Schedule 1 (calculating “pensionable earnings” of practitioners in partnership) of the Superannuation Scheme Regulations to take account of the introduction of non GP providers to the Scheme by providing for the calculation of pensionable earnings in a practice either with or without a non GP provider.

Regulation 26 makes consequential amendments in respect of elections on profit sharing to paragraph 5 of Schedule 1 (election relating to calculation of pensionable earnings) of the Superannuation Scheme Regulations to take account of the introduction of non GP providers to the Scheme.

Regulation 27 amends paragraph 6 of Schedule 1 (meaning of “pensionable earnings” in relation to other practitioners) of the Superannuation Scheme Regulations to re-define pensionable earnings for practitioners other than principal practitioners, to take account of the new contract for the provision of general medical services.

Regulation 28 makes minor and consequential amendments to paragraph 18 of Schedule 1 (members away from work and maternity absence) of the Superannuation Scheme Regulations to reflect the dissolution of the National Health Service Trusts.

Regulation 29 inserts a new paragraph 23 into Schedule 1 of the Superannuation Scheme Regulations. This paragraph operates to modify regulation U3 (accounts and actuarial reports) in the case of practitioners and non GP providers.

Regulation 30 amends the regulation 2 (interpretation) of the Injury Benefit Scheme Regulations to include new definitions and to amend existing definitions necessary as a result of the introduction of the new contract for the provision of general medical services and the dissolution of National Health Service Trusts.

Regulation 31 amends regulation 3 (persons to whom regulation apply) of the Injury Benefit Scheme Regulations to extend those Regulations to non GP providers.

Regulation 32 amends regulation 4A (recovery of costs) of the Injury Benefit Scheme Regulations in order to apply it to non GP providers and a person providing section 17C agreements as if they were whole time officers of the relevant Health Board.

Regulations 33 and 34 make minor and consequential amendments to regulations 2 and 5 of the Compensation Scheme Regulations respectively to reflect the dissolution of National Health Service Trusts.

A full Regulatory Impact Assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.