Superannuation (Miscellaneous Provisions) Act 1967

7Extension of superannuation provisions of National Health Service Acts.

(1)The Minister of Health (hereafter in this section referred to as " the Minister") may direct that regulations made under section 67(1) of the [1946 c. 81.] National Health Service Act 1946 shall, subject to such modifications as may be provided in the direction, apply to any person specified in the direction—

(a)who is—

(i)wholly or mainly engaged in health services, whether provided under the said Act of 1946 or otherwise, but not provided by a local health authority or other local authority; or

(ii)an officer of a government department serving on the medical or nursing staff of that department or at or for the purposes of a hospital maintained by that department,

and who, if he were in the employment of an employing authority within the meaning of those regulations, would be an officer within the meaning of those regulations; or

(b)who is a member of a body constituted under the said Act of 1946,

or to any class so specified of such persons, as if the person, or any person of the class, so specified were, within the meaning of the said regulations, an officer in the employment of an employing authority, and in that event the regulations shall apply accordingly and the [1965 c. 74.] Superannuation Act 1965, if otherwise applicable, shall not apply, or shall cease to apply, to that person.

(2)Where any person, within twelve months after leaving employment in which he was entitled to participate in superannuation benefits provided under the said section 67(1) (any period spent by that person on an approved course of study or training within the meaning of regulations made under that section being left out of account), enters such other employment as may be approved by the Minister for the purposes of this subsection, the Minister may direct that regulations so made shall, subject to such modifications as may be provided in the direction, apply to that person as if, while in that other employment, he were, within the meaning of those regulations, an officer in the employment of an employing authority, and in that event those regulations shall apply accordingly.

(3)A direction under subsection (1) or (2) of this section may be expressed to take effect as from the date of a person's entry into employment notwithstanding that the direction, or the approval of that employment for the purposes of the said subsection (2), was not given until after that date.

(4)A direction given, or deemed under subsection (6) of this section to have been given, under subsection (1) or (2) of this section shall not be varied or revoked by a subsequent direction so as to exclude from the benefits provided under the said section 67(1) any person previously entitled thereto unless—

(a)the Minister is satisfied that other suitable superannuation arrangements are available for that person; and

(b)that person consents to his being so excluded;

and where the subsequent direction results in such an exclusion of any such person, it may contain provision for the payment of a transfer value in respect of that person.

(5)The foregoing provisions of this section shall apply to Scotland with the substitution for references to the Minister of references to the Secretary of State and for references to the said Act of 1946 or to section 67(1) thereof of references respectively to the [1947 c. 27.] National Health Service (Scotland) Act 1947 and to section 66(1) thereof.

(6)The following provisions are hereby repealed or revoked, namely—

(a)section 19 of the [1949 c. 93.] National Health Service (Amendment) Act 1949;

(b)regulation 60 of the [S.I. 1961/1441.] National Health Service (Superannuation) Regulations 1961 ;

(c)regulation 57 of the [S.I. 1961/1398.] National Health Service (Superannuation) (Scotland) Regulations 1961;

but any direction or approval given, or having effect as if given, under any of those provisions and in force immediately before the commencement of this section shall be deemed to have been given under and for the purposes of the corresponding provision of this section.