The National Health Service Pension Scheme Regulations 1995

Made: 8th February 1995

Laid before Parliament: 10th February 1995

Coming into force: 6th March 1995

The Secretary of State for Health, in exercise of her powers under sections 10(1), (2) and (3) and 12(1) and (2) of, and Schedule 3 to, the Superannuation Act 1972 and of all other powers enabling her in that behalf, after consulting such representatives of persons likely to be affected by these Regulations as appear to her to be appropriate, and with the consent of the Treasury, hereby makes the following Regulations—

PART A — Preliminary

Citation and commencement

A1

• (1) These Regulations may be cited as the National Health Service Pension Scheme Regulations 1995.

• (2) These Regulations come into force on 6th March 1995.

Interpretation

A2

In these Regulations—

• “the previous regulations” means the National Health Service (Superannuation) Regulations 1980 ;

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• “the 1993 Act” means the Pension Schemes Act 1993;

• “1997 Act” means the National Health Service (Primary Care) Act 1997

• “the 1999 Act” means the Welfare Reform and Pensions Act 1999;

• “the 2004 Act” means the Finance Act 2004;

• “the 2006 Act” means the National Health Service Act 2006;

• “the 2006 (Wales) Act” means the National Health Service (Wales) Act 2006;

• “the 2008 Act” means the Pensions Act 2008;

• “the 2008 Section” means the provisions of the National Health Service Pension Scheme set out in the National Health Service Pension Scheme Regulations 2008;

• “the 2010 Regulations” means the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010;

• “the 2011 Act” means the Finance Act 2011;

• “the 2013 Act” means the Public Service Pensions Act 2013;

• “the 2015 Scheme” means the scheme set out in the National Health Service Pension Scheme Regulations 2015;

• “the 2016 Order” means the Pensions Act 2014 (Contributions Equivalent Premium) (Consequential Provision) and (Savings) (Amendment) Order 2016;

• “active member” means a person who is in pensionable service under the scheme;

• “additional contribution option” means an option in the terms and conditions of a member’s employment that entitles the member to make an additional contribution towards the cost of paying a pension under regulation E3A if the lump sum payment otherwise payable to the member in accordance with those terms and conditions is insufficient to meet the cost of that pension in full;

• “additional services”, with regard to—a GMS practice—in relation to England, has the meaning given in regulation 2(1) of the GMS Contracts (England) Regulations (interpretation);in relation to Wales, has the meaning given in regulation 2(1) of the GMS Contracts (Wales) Regulations (interpretation), orany other performer or provider of primary medical services, means services which, if provided by a GMS practice, would be additional services within the meaning given in regulation 2(1) of those Regulations;

• “APMS” are primary medical services provided under an APMS contract;

• “APMS contract” means arrangements under , in the case of England, section 83(2) of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) Act (primary medical services) between NHS England or Local Health Board and an APMS contractor;

• “APMS contractor” means a person with whom NHS England or Local Health Board has made arrangements under , in the case of England, section section 83(2) of the 2006 Act or in the case of Wales, section 41(2)(b) of the 2006 (Wales) Act, but only if that person is also a person who has entered into, or would be eligible to enter into, a GMS contract or a PMS agreement for the provision of primary medical services;

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• “automatic enrolment date” means the date referred to in section 3(7) of the 2008 Act;

• “automatic re-enrolment date” means the date determined in accordance with regulation 12 of the 2010 Regulations (as modified by regulation 14 of those Regulations);

• “bank holiday” means any day that is specified or proclaimed as a bank holiday, pursuant to section 1 of the Banking and Financial Dealings Act 1971;

• “buy-out policy” means a policy of insurance or annuity contract that is appropriate for the purposes of section 19 of the 1993 Act and satisfies any requirement of Her Majesty’s Revenue and Customs: and “buy-out” shall be construed accordingly;

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• “cash equivalent” is to be construed in accordance with Chapter 1 of Part 4ZA of the 1993 Act;

• “certification services” means –in relation to England, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (England) Regulations (list of prescribed medical certificates);in relation to Wales, services related to the provision of medical certificates listed in Schedule 4 to the GMS Contracts (Wales) Regulations (list of prescribed medical certificates);

• “civil partner” and “civil partnership” are to be construed in accordance with regulation A4;

• “consumer prices index” means the all items consumer prices index published by the Statistics Board of the UK Statistics Authority ...;

• “contracted-out employment” has the meaning given in section 8 of the 1993 Act;

• “contracting-out requirements” means the requirements mentioned in—paragraphs 1(a)(ii) and (2) of regulation 18 (payment of a lump sum instead of a pension); andparagraphs (5) and (6) of regulation 25 (payment of lump sum instead of a pension),of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015;.

• “core hours” means the period beginning at 8am and ending at 6:30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;

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• “dental performers list” means a list of dental practitioners prepared in accordance with regulations made under , in the case of England, section 106 of the 2006 Act or, in the case of Wales, section 63 of the 2006 (Wales) Act (persons performing primary medical and dental services);

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• “dentist performer” means a dental practitioner whose name is included in a dental performers list and who performs primary dental services under—a GDS contract;a PDS agreement to which a PDS contractor is a party; ora contract for services with ... a Local Health Board which relates to arrangements under which it provides primary dental services under—... section 56(2) of the 2006 (Wales) Act (primary dental services), ora PDS agreement to which a PDS contractor is not a party,except that a foundation trainee who is undertaking foundation training and is in the first two months of that training need not have his name included in a dental performers list in order to be a dentist performer;

• “dependent child” is to be construed in accordance with regulation H1;

• “dispensing services” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a registered medical practitioner in accordance with arrangements made under regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 (arrangements for the provision of pharmaceutical services by doctors);

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000;

• “employing authority” means—.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a Special Health Authority established under , in the case of England, section 28 of the 2006 Act or, in the case of Wales, section 22 of the 2006 (Wales) Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....a Local Health Board established under section 11 of the 2006 (Wales) Act,a National Health Service trust established under , in the case of England, section 25 of the 2006 Act or, in the case of Wales, section 18 of the 2006 (Wales) Act, ...an NHS foundation trust within the meaning of section 30(1) of the 2006 Act,any other body that is constituted under an Act relating to health services (in whole or in part) and which the Secretary of State agrees to treat as an employing authority for the purposes of this Section of the scheme , .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an OOH provider, an APMS contractor, a GMS practice,a PMS practice;as regards a person who is subject to a direction made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967, and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;as regards officers of a hospital of such classes as may be provided in an agreement to participate in benefits under these Regulations pursuant to section 235 of the 2006 Act (superannuation of officers of certain hospitals), and subject to such modifications to these Regulations as the Secretary of State may in any particular case direct, any employer of such a person that the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations; NHS England established under section 9 of the Health and Social Care Act 2012; an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006; an Independent Provider;

• “enhanced services", in relation to— a GMS practice, has the meaning given in regulation 2(1) of the GMS Contracts Regulations; orany 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,and in each case, includes local enhanced services and public health local enhanced services which were, prior to 1st April 2013, commissioned by a Primary Care Trust under regulation 2(1) of the GMS Contracts Regulations as—local enhanced services, orpublic health local enhanced services and transferred, on or after 1st April 2013, to a local authority by a transfer scheme made pursuant to section 300 of the Health and Social Care Act 2012;

• “essential services” means the services described in regulation 15(3), (5), (6) and (8) of the GMS Contracts Regulations (whether provided by a GMS practice, a PMS practice or an APMS contractor);

• “final year’s pensionable pay” has the meaning given in regulation C1(6);

• “foundation trainee” means a dentist performer who is employed as a foundation trainee as a consequence of a placement arrangement made by a local postgraduate dental dean or a director of postgraduate dental education;

• “GDS” are primary dental services provided under a GDS contract;

• “GDS contract” means a general dental services contract under , in the case of England, section 100 of the 2006 Act or, in the case of Wales, section 57 of the 2006 (Wales) Act (general dental services contracts: introductory);

• “GDS contractor” means a person who is a party to a GDS contract, other than NHS England or a Local Health Board;

• “general ophthalmic services” means—as regards England, mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008, andas regards Wales, general ophthalmic services within the meaning of section 71(10) of the 2006 (Wales) Act;

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• “GMS” are primary medical services provided under a GMS contract;

• “GMS contract” means—in relation to England, a contract under section 84 of the 2006 Act or under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (entitlement to a contract under section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003);in relation to Wales, a contract under section 42 of the 2006 (Wales) Act or under article 13 of the General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 (entitlement to a contract under section 176(3) of the Health and Social Care (Community Health and Standards) Act 2003);

• “the GMS Contracts (England) Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004;

• “the GMS Contracts (Wales) Regulations” means the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004;

• “GMS practice” means—a registered medical practitioner who is a type 1 medical practitioner,two or more such individuals practising in partnership, ora company limited by shares,with whom NHS England or Local Health Board has entered into a GMS contract;

• “GOS contract” means a contract under section 117 of the 2006 Act (general ophthalmic services contracts) for the provision of mandatory services and additional services as defined in regulation 2(1) of the General Ophthalmic Services Contracts Regulations 2008;

• “GP performer” means a registered medical practitioner, other than a specialist trainee in general practice or a locum practitioner, whose name is included in a medical performers list and who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services , certification services, Board and advisory work, health-related functions exercised under section 75 of the 2006 Act, NHS 111 services or pharmaceutical services (or a combination thereof)—under a GMS contract, PMS agreement or APMS contract,on behalf of an OOH provider, orunder a contract of service or for services with ... a Local Health Board which relates to arrangements under which it provides primary medical services—under ... section 41(2)(a) of the 2006 (Wales) Act (primary medical services),under an agreement pursuant to section 50 arrangements ...;

• “GP provider” means a GP performer who is—a GMS practice, a PMS practice or an APMS contractor,a partner in a partnership that is a GMS practice, a PMS practice or an APMS contractor, ora shareholder in a company limited by shares that is a GMS practice, PMS practice or APMS contractor,and who performs medical services as or on behalf of that practice or contractor;

• “GP trainer” means a medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;

• “guaranteed minimum pension” means guaranteed minimum pension, or accrued rights to guaranteed minimum pension, under section 14 of the Pension Schemes Act 1993;

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• “the health service” has the meaning given in section 275 of the 2006 Act;

• “health service scheme” has the meaning given in regulation R8(1);

• “host Board”— in respect of a non-GP provider who is a partner in a partnership that has entered into a PMS agreement for the provision of primary medical services, means NHS England or each Local Health Board with whom that provider has entered into such an agreement;in respect of a non-GP provider who is a partner in a partnership that has entered into a GMS contract for the provision of primary medical services, means NHS England or each Local Health Board with which that partnership has entered into such an agreement;in respect of a non-GP provider who is a partner in a partnership that is an APMS contractor which has entered into an APMS contract for the provision of primary medical services, means NHS England or each Local Health Board with which that partnership has entered into such a contract;in respect of a non-GP provider who is a shareholder in a company limited by shares that—is a GMS practice or a PMS practice or an APMS contractor, andhas entered into a GMS contract, PMS agreement or APMS contract for the provision of primary medical services,means NHS England or each Local Health Board with which that company has entered into such a contract or agreement;in respect of a non-GP provider who is an individual who is a GMS practice or a PMS practice or an APMS contractor, means NHS England or each Local Health Board with which that practice or contractor has entered into a PMS agreement or an APMS contract as such a practice or contractor;in respect of a type 1 medical practitioner, means NHS England or each Local Health Board with whom the practitioner has contracted, or entered into an agreement, to provide GMS, PMS or APMS;in respect of a type 2 medical practitioner—in England, means NHS England in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;in Wales, means the relevant Local Health Board in respect of GMS, PMS, APMS, OOHS and other primary medical services it has commissioned from a GMS practice, PMS practice, APMS contractor or OOH provider and which that practitioner performs for that practice, contractor or provider under a contract of service or for services;in respect of a locum practitioner means NHS England or each Local Health Board on whose medical performers list the practitioner’s name appears;in respect of a type 1 dental practitioner who holds a GDS contract or has entered into a PDS agreement, means NHS England or each Local Health Board with whom that practitioner—is contracted to provide services under a GDS contract, orhas entered into an agreement to provide services under a PDS agreement;in respect of a type 1 dental practitioner who performs GDS or PDS but is not a party to a GDS contract or PDS agreement—in England, means NHS England in respect of GDS, or PDS it has commissioned from a GDS contractor or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services with that contractor;in Wales, means the relevant Local Health Board in respect of GDS, or PDS it has commissioned from a GDS or PDS contractor and which that practitioner performs for that contractor under a contract of service or for services;in respect of a type 2 dental practitioner—in England, means NHS England in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services;in respect of Wales, means the relevant Local Health Board in respect of GDS or PDS it has commissioned from a GDS contractor or PDS contractor, and which that practitioner performs for that contractor under a contract of service or for services with that contractor or as a foundation trainee;