LegalizeThe National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009
Amendment of regulation 4.A.2
95
In regulation 4.A.2 (interpretation: general),—
- (a) at the appropriate place in the alphabetical order, insert—
- “calculation method D” means the calculation method provided for in regulation 4.B.11;
- “increment period” has the meaning given in regulation 4.B.11(2);
- (b) omit the definition of “type 1 practitioner”.
Amendment of regulation 4.B.1
96
In paragraph (2)(a) and (b) of regulation 4.B.1(application of Chapter 4.B), omit “type 1”.
Amendment of regulation 4.B.2
97
In paragraph (1) of regulation 4.B.2 (cases with up to 10 years officer service), omit “type 1”.
Amendment of regulation 4.B.3
98
In regulation 4.B.3(cases with more than 10 years of officer service), omit “type 1”.
New regulation 4.B.7A
99
After regulation 4.B.7 (cases with 1 year or more of concurrent officer service), insert—
(4.B.7A) (1) Where a member who, before commencing the member’s final period of practitioner service, has service as an officer (whether that service as an officer consists of a separate period of such service or two or more such periods), and— (a) that officer service is preceded by an earlier period of practitioner service, and (b) some or all of the member’s officer service is not concurrent with the practitioner service, the reference amount in respect of such part of that officer service that is not concurrent with practitioner service shall be the better of— (i) the amount determined by calculation method D, and (ii) the base amount.
Amendment of regulation 4.B.8
100
- (1) Regulation 4.B.8 (calculation method A) shall be amended as follows.
- (2) Before “Calculation method A”, insert paragraph number “(1)”.
- (3) After the newly numbered paragraph (1), insert—
(2) Where paragraph (1) applies— (a) the member is entitled to count part of the period of officer service referred to in that paragraph as a result of a transfer-in under regulation 3.F.10, and (b) the transfer-in is other than a transfer-in referred to in regulation 3.F.11(6), for the purposes of any calculation under regulation 4.B.2(1)(a) or 4.B.3(a), the amount of the pensionable pay deemed to be received in respect of that part period of officer service will be calculated in accordance with regulation 3.F.11(2).
New regulation 4.B.11
101
After regulation 4.B.10 (calculation method C), insert—
(4.B.11) (1) Calculation method D is the aggregate of the amounts payable under paragraphs (2), (3) and (4) of this regulation. (2) The amounts payable under this paragraph are the additional amount that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 4.B.7A of this Part) in respect of the member’s pension and any retirement lump sum payable— (a) as a result of the member exercising the option under regulation 3.D.10, and (b) in the case of a 2008 Section Optant, the lump sum paid to that Optant under regulation 3.K.11, if those amounts were each subject to a 1.5%increase for each whole year or part of a year withinthe increment period. This is subject to paragraph (5). (3) The amounts payable under this paragraph are the amounts that would be payable under Part 2 for the member’s period, or periods, of non-concurrent officer service (described in regulation 4.B.7A of this Part), were it not for the additional amounts calculated under paragraph (2). (4) The amounts payable under this paragraph are the amounts payable under Chapter 3.D. (5) For the purposes of paragraph (2)— (a) the increase referred to in that paragraph shall— (i) be applied in like manner and at the same intervals as an increase applied to a pension under the Pensions (Increase) Act 1971[^f00010], and (ii) be effective immediately before the pension and lump sumbecome payable with the member’s benefits from practitioner service under Chapter 3.D, and (b) the increment period referred to in paragraph (2) shall— (i) begin with the day immediately following the day on which the officer service referred to in paragraph (2) ceased for the last time, and (ii) end with the day immediately before the pension and retirement lump sum become payable with the member’s benefits from practitioner service under Chapter 3.D.
Amendment of regulation 4.C.1
102
In paragraphs (1) and (2) of regulation 4.C.1 (top-up where reference amount greater than base amount), for “4.B.7” substitute “4.B.7A”.
Schedule
103
Schedule 2 shall have effect.
PART 4 — Amendment of the National Health Service (Injury Benefits) Regulations 1995
Amendment of the National Health Service (Injury Benefits) Regulations 1995
104
- (1) The National Health Service (Injury Benefits) Regulations 1995[^f00011] shall be amended as follows.
- (2) In regulation 2 (interpretation), in the definition of “NHS employment” after “1995” insert “and in the National Health Service Pension Scheme Regulations 2008”.
PART 5 — Amendment of the National Health Service (Additional Voluntary Contributions) Regulations 2000
Amendment of the National Health Service (Additional Voluntary Contributions) Regulations 2000
105
- (1) The National Health Service (Additional Voluntary Contributions) Regulations 2000[^f00012] shall be amended as follows.
- (2) In paragraph (b) of regulation 20 (loss of rights to benefits), for “of those Regulations” substitute “of the 1995 Regulations or regulation 2.J.7 or 3.J.7 of the 2008 Regulations”.
- (3) In Schedule 2 (pension sharing on divorce or nullity of marriage or dissolution or nullity of civil partnership)—
- (a) in paragraph (6)(1), for “described in regulation 3(2) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (commutation of pension benefit)” substitute “referred to in paragraphs (b), (e) and (f) of the lump sum rule in section 166(1) of the 2004 Act”;
- (b) in paragraph (14)(1)(b) (loss of rights to benefits), for “of those Regulations” substitute “of the 1995 Regulations or regulation 2.J.7 or 3.J.7 of the 2008 Regulations”.
PART 6 — Miscellaneous
Option to persons detrimentally affected by these Regulations
106
- (1) This regulation applies in relation to any benefit which is being paid or may become payable under the regulations amended by these Regulations to or in respect of a person who, having served in an employment or office, service in which qualified the person to participate in the benefits provided under the regulations amended by these Regulations, ceased to serve therein before these Regulations came into force.
- (2) Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than that person would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).
- (3) A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within six months of the coming into force of these Regulations or such longer period as the Secretary of State may allow.
- (4) An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if that person had never recommenced service at any time after that cessation (or, as the case may be, the last such cessation).
SCHEDULE 1
PART 1
1
In the following provisions before “the Scheme”, insert “this Section of”—
| (a) regulation: | |||
|---|---|---|---|
| A1 in the definition of— employing authority (at paragraph (d)) member (twice) and normal benefit age | H3(2) and (2A) | P1(2), (3) and (5) | |
| A3(10),(11) and (12) | H4(1) | P2(1)(twice) and (2)(twice) | |
| B1 in the heading and in (1),(2),(3)(three times), (3A) and (4)(twice) | H5(2A) | Q1(1),(4),(6A), (9) and (11)(in the definition of “pension debit member”) | |
| B2(1)(five times), (3) and (6) | J1(1), (4) and (7) | Q2(1) | |
| B3 in the heading and in (1),(2)(twice), (3)(twice), (4) and (7) (twice) | J2(4) | Q4(1) | |
| B4 in the heading and in (1)(twice),(1A),(3)(three times),(5)(three times), (5A) (four times),(6) and (7) | K2(1) | Q5(1) | |
| B5 in the heading (1)(twice),(2), (3) and (4) | K4(1) and (3) | Q6(6) Q9 in the heading | |
| C1(3)(twice),(3A) and (4) | K5 in the heading and in (1) (four times) | R2(1) and (4) | |
| C2(1)(twice) and (2) | K6in the heading and in (1) | R3(1)(twice) | |
| C3(4A) and (6) | K7(2)(twice) | R4(2)(twice) and (12) | |
| D1(1), (2D),(2W),(2X), (2Y) and (2Z) | L1(1) | R6(4) | |
| D2(1) and (2) | L2(3)(twice) and (7) | R8(2)(three times), (3) and (4) | |
| E2(11) | L3(3) | R8A(1), (2) and (3)(twice) | |
| E2A(11) | L4(1),(5) and (7A) | R9(5) | |
| F2(1) and (8) | M1(1), (2) and (6) | R12(1) | |
| F3(1) | M2(1) | S1(2) | |
| F5(6)(twice) and (9) | M3(1) and (2)(three times) | S2(2), (4), (5), (14)(in the definitions of “continuing employment” and “pension”) and (15)(twice) | |
| G1(3) | M5(4) and (7) | T2 | |
| G2(3),(4) and (5) | M7(1), (3), (10)(twice), (12) and (14)(twice) | T3(1), (2) and (3) | |
| G3(1) | N1 in the heading and in (1), (3)(twice) and (4) | T6(1) | |
| G4(2) and (2A) | N3(2) | T7(3) | |
| G6(3) | N3A in the heading an in (2)(three times), (3)(three times) and (5) (three times) | ||
| G16(1) | |||
| (b) Schedule 2 | |||
| paragraph | 2(2) | 9A(2) | 18(1) and (2)(twice) |
| 2A(1) and (2) | 10 in the heading and in (18) | 21(2)(twice),(3)(twice) and (5) | |
| 4(1) | 11A(1) and (2) | 22(3),(4) and (5) | |
| 9(4), (6), (6A) and (11) | 14(2) | 23(6)(twice) and (8) | |
| (c) Schedule 2A | |||
| paragraph | 3(1) | 7(1) and (6) | 9 |
| 6(1) | 8(twice) |
PART 2
2
In the following provisions for “2008 Scheme”, substitute “2008 Section”—
| regulation | |||
|---|---|---|---|
| A2 in the definition of “2008 Scheme” B2(1) and (2) | L1(14) (“in the definition of NHS employment”) | M7in the heading and in (3),(7), (12) and (14)(three times) |
PART 3
3
In regulation K1 for “The Scheme”, substitute “This Section of the Scheme”.
4
In regulation N4(1) and R8(5) for “this Scheme”, substitute “this Section of the Scheme”.
SCHEDULE 2
PART 1
1
In the following provisions before “the Scheme”, insert “this Section of”—
| (a) regulation: | |||||
|---|---|---|---|---|---|
| 2.A.1(1) in the definition of active member. 2.A.1(2) in the definition of — deferred member non-contributing member (at paragraph (b)) pensioner member public sector transfer arrangements. 2.A.1(3) 2.A.1(4) | 2.F.14(1)(b) | 2.F.14(1)(b) | 2.F.14(1)(b) | 3.E.25(1)(a) and (5)(i) | |
| 2.A.2(1)(a) | 2.F.15(1)(c),(2) and (3) | 2.F.15(1)(c),(2) and (3) | 2.F.15(1)(c),(2) and (3) | 3.E.26(1) | |
| 2.A.4(2), (3), (3A), (4)(a)(ii),(6)(c),(9) | 2.F.17(1),(2)(c),(3)(a) and (b) and (4)(a) | 2.F.17(1),(2)(c),(3)(a) and (b) and (4)(a) | 2.F.17(1),(2)(c),(3)(a) and (b) and (4)(a) | 3.F.1(3)(a) and (4) 3.F.2(1) | |
| 2.A.5(1)(f)(twice),(3)(b) | 2.G.1(1)(three times) and (6) and in the heading 2.G.3(1)(a) | 2.G.1(1)(three times) and (6) and in the heading 2.G.3(1)(a) | 2.G.1(1)(three times) and (6) and in the heading 2.G.3(1)(a) | 3.F.4(3)(a) | |
| 2.A.6(4)(a),(6)(b) | 2.H.1(1)(a) and (4) | 2.H.1(1)(a) and (4) | 2.H.1(1)(a) and (4) | 3.F.7(1) | |
| 2.A.7(2) | 2.H.4(1)(a) | 2.H.4(1)(a) | 2.H.4(1)(a) | 3.F.8(1) | |
| 2.A.8(1) 2.A.9(10) | 2.J.5(1)(twice) | 2.J.5(1)(twice) | 2.J.5(1)(twice) | 3.F.9(1)(c) | |
| 2.A.12(1) | 2.J.7(2)(a) | 2.J.7(2)(a) | 2.J.7(2)(a) | ||
| 2.A.15(8), (9)(b),(10) | 2.J.8(1) | 2.J.8(1) | 2.J.8(1) | 3.F.11(6)(twice) | |
| 2.B.1(1) | 2.J.9(2) and (7)(a) | 2.J.9(2) and (7)(a) | 2.J.9(2) and (7)(a) | 3.F.14(1)(b) | |
| 2.B.2(1),(2),(3),(5)(twice),(6),(7), (8),(9)and (12) | 2.J.10(1) | 2.J.10(1) | 2.J.10(1) | ||
| 2.B.3(1),(6) | 2.J.13(1) and (2) | 2.J.13(1) and (2) | 2.J.13(1) and (2) | 3.F.15(1)(c), (2) and (3) 3.F.16(2) | |
| 2.B.4(1),(3) and in the heading | 3.F.17(2)(c),(3)(a) and (b) and (6)(c) | ||||
| 2.B.5(1),(6)(b) and in the heading | 2.J.14(6)(twice) and (8) | 2.J.14(6)(twice) and (8) | 2.J.14(6)(twice) and (8) | 3.G.1(1)(four times) and (6) | |
| 2.B.6(1) and (2)(twice) and in the heading | 3.A.1(1) in the definition of active member. 3.A.1(2) in the definition of— | 3.A.1(1) in the definition of active member. 3.A.1(2) in the definition of— | 3.A.1(1) in the definition of active member. 3.A.1(2) in the definition of— | 3.G.3(1)(a) | |
| (i) | deferred member | ||||
| (ii) (iii) (iv) | non-contributing member (at paragraph (b)) pensioner member public sector transfer arrangements | ||||
| 2.C.1(1),(11)(a) and (14) | 3.A.2(1)and (2) | 3.A.2(1)and (2) | 3.A.2(1)and (2) | 3.G.4(5)(b) | |
| 2.C.3(3)(a),(22)(c),(23)(c),(24)(c), (25)(c) and (27)(twice) | 3.A.3(1)(a) | 3.A.3(1)(a) | 3.A.3(1)(a) | 3.H.1(2)(a) and (5) | |
| 2.C.5(1)(twice),(2)(b) and (4) 2.C.9 in the heading | 3.A.4(2),(3), (3A), (4)(a)(ii),(6)(c) and (9) | 3.A.4(2),(3), (3A), (4)(a)(ii),(6)(c) and (9) | 3.A.4(2),(3), (3A), (4)(a)(ii),(6)(c) and (9) | 3.H.4(1)(a) | |
| 2.C.18(5)(twice) and (9) | 3.A.5(1)(e)(twice) and (3)(a) | 3.A.5(1)(e)(twice) and (3)(a) | 3.A.5(1)(e)(twice) and (3)(a) | 3.J.5(1)(twice) | |
| 2.D.6(5) | 3.A.6(4)(a) and (6)(b) | 3.A.6(4)(a) and (6)(b) | 3.A.6(4)(a) and (6)(b) | 3.J.7(2)(a) | |
| 3.A.8(2)(a), (7) and (10) | 3.A.8(2)(a), (7) and (10) | 3.A.8(2)(a), (7) and (10) | 3.J.8(1) | ||
| 2.D.12(3)(three times) and (7) | 3.A.16(8),(9)(b) and (10) | 3.A.16(8),(9)(b) and (10) | 3.A.16(8),(9)(b) and (10) | 3.J.13(1) and (2) | |
| 2.D.13(6)(a) | 3.B.1(1) and (5)(e)(ii) | 3.B.1(1) and (5)(e)(ii) | 3.B.1(1) and (5)(e)(ii) | 3.J.9(2) and (7)(a) | |
| 2.D.14(1) | 3.B.2(1),(2),(3) (twice),(4),(5),(6), and (7) | 3.B.2(1),(2),(3) (twice),(4),(5),(6), and (7) | 3.B.2(1),(2),(3) (twice),(4),(5),(6), and (7) | 3.J.10(1) 3.J.13(1) and (2) | |
| 2.D.18(1),(2) and (6)(c) | 3.B.3 | 3.B.3 | 3.B.3 | 3.J.14(5)(b) (twice), (8)(twice) and (10) | |
| 2.D.21(1) and (5)(a) | 3.B.4(1) and (3) and in the heading | 3.B.4(1) and (3) and in the heading | 3.B.4(1) and (3) and in the heading | ||
| 2.D.22(1)(twice), (2),(7)(three times),(9) and (10)(a) | 3.B.5(1),(6)(b),(7)(twice) and in the heading | 3.B.5(1),(6)(b),(7)(twice) and in the heading | 3.B.5(1),(6)(b),(7)(twice) and in the heading | ||
| 2.E.3(4)(b) | 3.B.6(1) and (2)(twice) and in the heading | 3.B.6(1) and (2)(twice) and in the heading | 3.B.6(1) and (2)(twice) and in the heading | ||
| 2.E.6(1)(a) | 3.B.7(2) 3.C.1(1) and (3) | 3.B.7(2) 3.C.1(1) and (3) | 3.B.7(2) 3.C.1(1) and (3) | ||
| 2.E.10(1) | 3.C.3(1), (2) and (4) 3.C.5(20)(a) 3.C.7 in the heading | 3.C.3(1), (2) and (4) 3.C.5(20)(a) 3.C.7 in the heading | 3.C.3(1), (2) and (4) 3.C.5(20)(a) 3.C.7 in the heading | ||
| 2.E.11(1) | 3.C.16(5) (twice) and (9) | 3.C.16(5) (twice) and (9) | 3.C.16(5) (twice) and (9) | ||
| 2.E.12(1) | 3.D.6(4) | 3.D.6(4) | 3.D.6(4) | ||
| 3.D.10(1) | 3.D.10(1) | 3.D.10(1) | |||
| 3.D.14(1), (2) and (6)(c) | 3.D.14(1), (2) and (6)(c) | 3.D.14(1), (2) and (6)(c) | |||
| 2.E.15(1) | 3.D.17(1) and (5)(a) | 3.D.17(1) and (5)(a) | 3.D.17(1) and (5)(a) | ||
| 2.E.25(1)(a),(5)(i) 2.E.26(1) | 3.D.18(1)(twice), (2)(a) and (7)(three times) | 3.D.18(1)(twice), (2)(a) and (7)(three times) | 3.D.18(1)(twice), (2)(a) and (7)(three times) | ||
| 2.F.1(3)(a) and (4) | 3.E.3(4)(b) | 3.E.3(4)(b) | 3.E.3(4)(b) | ||
| 2.F.2(1) | 3.E.6(1)(a) | 3.E.6(1)(a) | 3.E.6(1)(a) | ||
| 2.F.7(1) | 3.E.10(1) | 3.E.10(1) | 3.E.10(1) | ||
| 2.F.8(1) | 3.E.11(1) | 3.E.11(1) | 3.E.11(1) | ||
| 2.F.9(1)(c) and (3) | 3.E.12(1) | 3.E.12(1) | 3.E.12(1) | ||
| 2.F.10(2) | 3.E.15(1) | 3.E.15(1) | 3.E.15(1) | ||
| 2.F.11(6)(twice) |
PART 2
2
In the following provisions for “NHS Pension Scheme 1995”, substitute “1995 Section”—
| regulation | |||
|---|---|---|---|
| 2.A.2(8)(twice) | 2.F.17(1) and in the heading | 3.B.2(1)(twice) | |
| 2.A.5(1)(b) and (f)(ii) | 3.A.3(9)(twice) | 3.F.17 (1) and (4)(a) and in the heading | |
| 2.B.1(3)(b),(5)(a),(d) and in the full out words and (6)(a) | 3.A.5(1)(b) | 4.D.1(5)(twice) | |
| 2.B.2(2)(twice) | 3.B.1(3)(b).(5)(seven times),(6)(a) |
PART 3
3
In the following provisions for “that Scheme”, substitute “that Section”—
| regulation | |||
|---|---|---|---|
| 2.A.2(8)(twice) | 3.B.1 (nine times) | ||
| 2.B.1(5)(nine times) | 3.B.2(1)(three times) | ||
| 2.B.2(2)(three times) | 4.D.1(5)(twice) |
4
In regulation 2.B.1(3) and (5) and 3.B.1(5) for “other scheme conditions”, substitute “other Section conditions”.
5
In regulation 2.F.17(1) and (2) and 3.F.17(1) and (2) after “this”, insert “Section of the”.
Signed
Signed by authority of the Secretary of State for Health.
Phil Hope — Minister of State, — Department of Health — 2nd September 2009
We consent
Dave Watts — Bob Blizzard — Two of the Lords Commissioners of Her Majesty’s Treasury — 4th September 2009
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations further amend the National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) (“the 1995 Regulations”), the National Health Service Pension Scheme Regulations 2008 (S.I. 2008/653) (“the 2008 Regulations”), the National Health Service (Injury Benefits) Regulations 1995 (S.I. 1995/866) (“the Injury Benefits Regulations”) and the National Health Service (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619) (“the AVC Regulations”).
Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before the date of commencement. Section 12(1) of the Superannuation Act 1972 (c.11) provides authority for the regulations specified in regulation 1(3) to (4) to take effect as from a date earlier than the making of these Regulations.
The remainder of the Regulations are divided into six Parts, with Parts 2 to 5 amending the 1995 Regulations, the 2008 Regulations, the Injury Benefits Regulations and the AVC Regulations respectively, and Part 6 providing that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.
Parts 2 and 3 make similar amendments in respect of both the 1995 Regulations and the 2008 Regulations. They also introduce amendments specific to either the 1995 Regulations or the 2008 Regulations.
The changes dealing with similar issues in Parts 2 and 3—
- introduce changes as to when a person may contribute or accrue further service in the Scheme (regulations 9, 95 to 99, 101 and 102)
- clarify the way in which pensionable earnings will be determined if a member has officer service before practitioner service that was the result of a transfer-in of benefits to the Scheme (regulations 9(2)(e) and 100)
- make changes in terminology to reflect the fact that there is one NHS Pension Scheme consisting of two sections (the 1995 Section and the 2008 Section) (regulations 3, 10 (and Schedule 1), 12, 13, 17, 53 and 103 (and Schedule 2).
The changes specific to Part 2, amend the provisions relating to—
- entitlement to a higher tier ill-health pension where a member is a pensioner member of the 1995 Section and an active member of the 2008 Section of the Scheme (regulation 4)
- the benefits to be paid following the death of a 1995 Section pensioner who is also a member of the 2008 Section (regulations 5 and 8)
The amendments in Part 2 also deal with minor technical amendments relating to pensions for surviving nominated partners (regulation 6) and for death in employment (regulation 7).
The changes specific to Part 3 are—
- the amendment of the provisions relating to— ill-health pensions (regulations 30(2) and 72(2)) circumstances in which a “host Trust or Board” is deemed to be the employer of general medical and dental practitioners and non-GP providers (regulations 13, 19 and 53) eligibility for membership of the 2008 Section (regulation 59) the treatment of transfer values under former schemes received by the Scheme in respect of practitioner members (regulations 89 to 92 and 100)
- the introduction of the provisions relating to the “Choice Exercise” under which a 1995 Section member may opt to join the 2008 Section of the Scheme (“a 2008 Section Optant”) and the terms on which he may do so and the effect on benefits of doing so (new Chapters 2.K and 3.K inserted by regulations 52 and 94 respectively).
A number of amendments that are consequential upon the insertion of new Chapters 2.K and 3.K are also made (regulations 13 to 16, 18, 20 to 51, 54 to 58, 60 to 88 and 93).
The change made to the Injury Benefits Regulations by Part 4 updates the definition of “NHS employment” (regulation 104).
The changes made to the AVC Regulations by Part 5 are the insertion of a cross reference to the 2008 Regulations and to reflect the lump sum rule in section 166(1) of the Finance Act 2004 (regulation 105).
Part 6 provides that deferred members, or members in receipt of a relevant benefit, who are detrimentally affected by these Regulations may elect for the provisions not to apply to them by giving notice within six months of the coming into force of these Regulations (regulation 106).
Footnotes
[^f00001]: 1972 c.11. Section 10(1) was amended by sections 57 and 58 of, and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c.32) and section 4(2) of the Pensions (Miscellaneous Provisions) Act 1990 (c.7). Section 12(2) was amended by section 10(1) of the Pensions (Miscellaneous Provisions) Act 1990. As to Treasury consent, see section 10(1) of the Superannuation Act 1972 and article 2 of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I. 1981/1670).
[^f00002]: S.I. 1995/300, as modified by S.I. 1996/971 and amended by S.I. 1997/80 and 1888, 1998/666 and 2216, 2000/605, 2001/1428 and 3649, 2002/561 and 2469, 2003/631 and 2322, 2004/665 and 696, 2005/661 and 3074, 2006/600 and 2919, 2007/2054 and 3280, 2008/654 and 2263 and 2009/381.
[^f00003]: 1971 c.56.
[^f00004]: S.I. 2008/653.
[^f00005]: 2000 (c.7).
[^f00006]: S.I. 1980/632.
[^f00007]: 1971 c.56.
[^f00008]: 2000 (c.7).
[^f00009]: S.I. 1980/632.
[^f00010]: 1971 c.56.
[^f00011]: S.I. 1995/866. The relevant amending instrument is S.I. 2000/606.
[^f00012]: S.I. 2000/619. The relevant amending instrument is S.I. 2008/655.
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