The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2013

(2A) This paragraph applies to a person to whom regulation 3(1) applies who— (a) ceases employment on or after 31st March 2018 but before 31st March 2038 by reason of the injury or disease, and (b) has not been paid, other than under paragraph (5) or (5A), any allowance or lump sum under these Regulations in consequence of that injury or disease. (2B) Where paragraph (2A) applies the Secretary of State may, if satisfied that the evidence produced by the person is compelling, pay from the date of the person’s cessation of employment an annual allowance of the amount referred to in paragraph (2C). (2C) That amount is an amount, if any, which when added to the value of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is permanently reduced at the date that person ceases that employment: for these purposes the value of any such pensions and benefits is to be expressed as an annual amount. (2D) Evidence is compelling if— (a) it is reliable, (b) its value for understanding and determining the person’s claim for benefit is substantial, and (c) it is highly probative of that claim.

• (5) For paragraph (3), substitute—

(3) This paragraph applies to a person to whom regulation 3(1) applies who— (a) ceases to be employed before 31st March 2018 other than by reason of the injury or disease, (b) at the date of ceasing that employment has not attained normal benefit age, (c) having ceased that employment, suffers a permanent reduction in earning ability by reason of that injury or disease, and (d) has not been paid, other than under paragraph (5) or (5A), any allowance or lump sum under these Regulations in consequence of that injury or disease. (3A) Where paragraph (3) applies the Secretary of State may pay from the date that the person attains normal benefit age or, as the Secretary of State may in any particular case allow, from the date that person suffers the reduction in earning ability referred to in paragraph (3)(c), an annual allowance of the amount referred to in paragraph (3B). (3B) That amount is an amount, if any, which when added to the value of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is permanently reduced at the date referred to in paragraph (3A): for these purposes the value of any such pensions and benefits is to be expressed as an annual amount. (3C) This paragraph applies to a person to whom regulation 3(1) applies who— (a) ceases employment on or after 31st March 2018 but before 31st March 2038 other than by reason of the injury or disease, (b) at the date of ceasing employment has not attained normal benefit age, (c) having ceased that employment, suffers a permanent reduction in earning ability by reason of that injury or disease, and (d) has not been paid, other than under paragraph (5) or (5A), any allowance or lump sum under these Regulations in consequence of that injury or disease. (3D) Where paragraph (3C) applies the Secretary of State may, if satisfied that the evidence produced by the person is compelling, pay from the date that the person attains normal benefit age or, as the Secretary of State may in any particular case allow, from the date that person suffers the reduction of earning ability referred to in paragraph (3C), an annual allowance of the amount referred to in paragraph (3E). (3E) That amount is an amount, if any, which when added to the value of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of the person’s average remuneration shown in whichever column of the table in paragraph (2) is appropriate to that person’s service in relation to the degree by which that person’s earning ability is permanently reduced at the date referred to in paragraph (3D): for these purposes the value of any such pensions and benefits is to be expressed as an annual amount. (3F) Evidence is compelling if— (a) it is reliable, (b) its value for understanding and determining the person’s claim for benefit is substantial, and (c) it is highly probative of that claim.

• (6) In paragraph (4) after “in that regulation” insert “before 31st March 2018”.

• (7) After paragraph (4), insert—

(4A) This paragraph applies to a person to whom regulation 3(1) applies who suffers a permanent reduction in the emoluments of an employment mentioned in that regulation on or after 31st March 2018 but before 31st March 2038. (4B) Where paragraph (4A) applies the Secretary of State may, if satisfied that the evidence produced by the person is compelling, pay from the date of that reduction an annual allowance of the amount referred to in, and calculated in accordance with, paragraph (4). (4C) Evidence is compelling if— (a) it is reliable, (b) its value for understanding and determining the person’s claim for benefit is substantial, and (c) it is highly probative of that claim.

• (8) In paragraph (5), after “1991” insert “but before 31st March 2018”.

• (9) In paragraph (5A), for “of his” substitute “of that person before 31 March 2013”.

• (10) After paragraph (5A), insert—

(5B) This paragraph applies to a person to whom regulation 3(1) applies who, on or after 31st March 2018 but before 31st March 2038, is or was on leave of absence with reduced emoluments by reason of the injury or disease. (5C) Where paragraph (5B) applies the Secretary of State may, if satisfied that the evidence produced by the person is compelling, pay from the date of the reduction of the person’s emoluments, an annual allowance of the amount referred to in paragraph (5D): the annual allowance is without regard to any reduction in the person’s earning ability. (5D) That amount is an amount, if any, which when added to the value of Amount A will provide an income of 85 per cent of the person’s average remuneration: for these purposes Amount A is to be expressed as an annual amount. (5E) Amount A is the aggregate of– (a) the emoluments payable to the person during that person’s leave of absence, and (b) the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) (including the value of any equivalent benefits payable under the enactments consolidated by the Social Security Contributions and Benefits Act 1992). (5F) Evidence is compelling if— (a) it is reliable, (b) its value for understanding and determining the person’s claim for benefit is substantial, and (c) it is highly probative of that claim.

• (11) In paragraph (6) , after sub-paragraph (b)(vi) add—

(vii) an injury allowance payable on or after 31st March 2013 in accordance with the Terms and Conditions of the person’s employment.

• (12) After paragraph (10), add—

(11) In paragraph (6) of this regulation “injury allowance” means the allowance by that name referred to in the NHS Terms and Conditions of Service Handbook.

Amendment of regulation 4A

85

• (1) Regulation 4A (recovery of costs)[^f00094] is amended as follows.

• (2) In paragraph (2) of regulation 4A (recovery of costs), for “paragraph (2), (3), (4)” substitute “paragraphs (2), (2B), (3A), (3D), (4), (4B)”.

• (3) In paragraph (6)—

• (i) for “Primary Care Trust” substitute “the National Health Service Commissioning Board”;

• (ii) for “as if he were an officer of the” substitute “as if that person were an officer of the National Health Service Commissioning Board or”;

• (iii) after “Local Health Board” omit “or Primary Care Trust”.

• (4) In paragraph (7)—

• (a) after “Committee”, insert “before 31st March 2013”;

• (b) after “that Primary Care Trust”, insert “before that date and, on or after that date, as if that person were an officer employed by the National Health Service Commissioning Board”.

Amendment of regulation 18A

86

• (1) Regulation 18A (claims for benefits) is amended as follows.

• (2) At the end of paragraph (1), insert (as full out words) “This is subject to paragraph (1A).”.

• (3) After paragraph (1), insert—

(1A) No person shall be entitled to a benefit under regulation 4(2B), (3D), (4B) or (5C) unless that person— (a) makes a claim for it; and (b) the claim is made within a period of 6 months, or such longer period as the Secretary of State decides is reasonable, commencing with the date on which the person became aware, or in the view of the Secretary of State the date on which it is reasonable to expect them to have become aware, that they may be a person to whom regulation 3(1) applies.

• (4) After paragraph (3), add—

(4) This regulation applies to claims for benefits made before 31st March 2038 and no entitlement to benefit arises if the date of the claim is on or after that date. (5) This regulation is subject to regulation 18B.

New Regulation 18B

87

After regulation 18A (claims for benefits), add—

(18B) (1) Other than a claim in respect of a benefit referred to in regulation 4(5) or (5A), a claim for benefit under Part II or Part III of these Regulations is to be made to the Secretary of State in such form as the Secretary of State is willing to accept. (2) A claim in respect of a benefit referred to in regulation 4(5) or (5A) is to be made to the person’s employing authority in such form and in such a manner as that authority may accept. (3) A claim must be accompanied by all the medical evidence necessary to determine whether conditions of entitlement for the benefit are satisfied. (4) In the case of a claim for a benefit which is to be made to the Secretary of State, if the Secretary of State notifies that person in writing that the Secretary of State so requires, that person is to provide any specified relevant information including medical evidence that is in that person’s possession or which that person can reasonably be expected to obtain. (5) In the case of a claim for a benefit which is to be made to a person’s employing authority, if that authority notifies that person in writing that it so requires, that person is to provide any specified relevant information including medical evidence that is in that person’s possession or which that person can reasonably be expected to obtain. (6) In the case of a claim which is to be made to the Secretary of State, the date of the claim is to be the date on which the form the Secretary of State is willing to accept is received by the Secretary of State. (7) In the case of a claim which is to be made to the person’s employing authority, the date of the claim is to be the date on which that authority receives that claim in the form and manner it accepts.

Amendment of regulation 21A

88

• (1) Regulation 21A (decisions by medical practitioners and other persons) is amended as follows.

• (2) In paragraph (1)—

• (a) in sub-paragraph (a), for “regulation 4(2), (3) or (4)” substitute “regulation 4(2), (2B), (3A), (3D), (4) or (4B)”;

• (b) in sub-paragraph (b), after “regulation 4(5)” insert “or (5C)”.

• (3) After paragraph (2), add—

(3) A person or authority referred to in paragraph (2) must record in writing the date on which that person or authority considers the injury or disease in question was sustained or contracted.

Amendment of regulation 21B

89

After paragraph (3) of regulation 21B (notification requirements), add—

(4) A person who is in receipt of a benefit under Part II of these Regulations must notify the Secretary of State within 14 days, and in writing, of any change in the person’s earnings or employment.

Signed

Signed by authority of the Secretary of State for Health.

Dr Daniel Poulter — Parliamentary Under-Secretary of State — Department of Health — 25th February 2013

We consent

Mark Lancaster — David Evennett — Two of the Lords Commissioners of Her Majesty’s Treasury — 25th February 2013

Explanatory note

(This note is not part of the Order)

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 Pension Scheme (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619) (“the Additional Voluntary Contributions Regulations”).

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from a date 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 (6) to take effect as from a date earlier than the making of these Regulations.

These Regulations—

• (1) Make amendments in order to reflect the organisational changes in the NHS as a result of the provisions of the Health and Social Care Act 2012. That Act abolishes Primary Care Trusts and Strategic Health Authorities with effect from 31 March 2013. Responsibility for commissioning health services will transfer to the National Health Service Commissioning Board and Clinical Commissioning Groups with effect from 1 April 2013. These changes are reflected in the following amendments: 3(3)(a), (b)(i) and (ii), (c)(i) and (iii), (d), (e)(iii), (f), (g), (h), (j)(ii), (k) and (5)(a), 4, 16(3), (4)(b) and (5), 21(2)(a)(ii), (iii) and (iv)(bb), (b), (3)(a) and (b), (4)(a), (d)(i), (5)(b), (6), (8) (9)(d) and (e) and (11), 25(3)(a), (b), (c), (d)(ii), (e)(i) and (iv), (f), (g), (h)(ii), (i), (j)(i), (k), (l), (m) and (n) and (4)(a), 27(3), (4) and (5), 28, 31(2), 33(3), 34, 50, 51(2)(except the definitions of “foundation trainee” and “NHS 111 services”), (3)(a), (b), (c) and (d), (e)(ii), (f)(i), (iii) and (iv), (g), (h), (i)(ii) and (iii), (j), (k)(i), (l), (m), (n) and (o), (p)(ii), (q) and (5)(a), 53(2) and (6)(a), 55, 56, 58, 59, 62(2), 63(2), 66, 75, 76, 79, 82(a), (b), (d) and (e) and 85(3).

• (2) Apply increases to member contribution rates with effect from 1April 2013: regulations 7, 21(9)(a), 32(2), 33(4) and 62(5).

• (3) Revoke cost-sharing provisions and associated requirements to make historic valuations: regulations 19, 20, 21(9)(b), 23, 24, 32(3), 33(2), 62(3).

• (4) Introduce new requirements on the auto-enrolment of members with effect from 1 October 2012 in accordance with requirements in the Pensions Act 2008 and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 (S.I. 2010/772): regulations 3(2) (except the definitions of “foundation trainee” and “specialist trainee in general practice”) and (5)(b), 5(3), 6, 25(2)(except NHS 111 services definition), 25(4)(b), 29, 30, 51(2)(except the definitions of “foundation trainee” and “NHS 111 services”) and (5)(b), 60, 61(except (6)).

• (5) Simplify the options open to employing authorities in relation to the payment of redundancy benefits and link entitlement to such benefits under the Regulations to entitlement to an NHS redundancy pension in a member’s terms and conditions of service: regulations 8, 9, 35 and 38.

• (6) Close the NHS Injury Benefits Scheme in respect of injuries sustained or diseases contracted on or after 31 March 2013 and put in place transitional arrangements with regard to injuries sustained or diseases contracted before that date: regulations 82(c), 83, 84, 85(2) and (4), 86, 87, 88 and 89.

• (7) Make certain miscellaneous and technical amendments and corrections regulations: 3(2)(foundation trainee and specialist trainee definitions), (3)(b)(iii), (c)(ii), (e)(i) and (ii), (i), (j)(i) and (4), 5(2), 10, 11, 12, 13, 14, 15, 16(2) and (4)(a), 17, 18, 21(2)(a)(i), (v)(aa) and (cc), (c), (3)(c), (4)(b), (c), (d)(ii) and (e), (5)(a), (7), (9)(c), (f), (g), (h) and (i), and (10), 25(2)(NHS 111 services definition), 25(3)(d)(i), (e)(ii), (h)(i) and (j)(ii), 26, 27(2), 31(3), 36, 37, 39, 40, 41, 42 to 49, 51(2)(except the definitions of “foundation trainee” and “NHS 111 services”), 51(3)(e)(i), (f)(ii), (i)(i), (k)(ii), (p)(i) and (4), 52, 53(3), (4), (5), (6)(b) and (7), 54, 57, 61(5), 62(4), 63(3), (4), (5) and (6), 64, 65, 67, 68, 69 to 74, 78 and 80.

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) (“the 1990 Act”). Section 12(2) was amended by section 10(1) of the 1990 Act. 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 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, 2009/381, 1298 and 2466, 2010/492 and 1634, 2011/591 and 2586, 2012//610 and as modified by S.I. 1996/971.

[^f00003]: 2008 c. 30.

[^f00004]: S.I. 2010/772.

[^f00005]: Regulation 14 was substituted by S.I. 2012/215, regulations 17, 22.

[^f00006]: Amended by S.I. 2007/3280, regulation 2(1), (2)(c) and by S.I. 2008/2263, regulation 3(b).

[^f00007]: Amended by S.I. 2007/3280, regulation 1(2), and by S.I. 2008/2263, regulation 3(b).

[^f00008]: Inserted by S.I. 2006/600, regulation 2(1), (3).

[^f00009]: Relevant amendments are in S.I. 2000/605, regulations 2, 3(b)(iii), 2002/2469, regulation 4, Schedule 1, Part 2, paragraph 62(1), (2)(a), S.I. 2007/3280, regulation 2(1), (2)(f)(iv) and (vi).

[^f00010]: Inserted by S.I. 2011/2586, regulations 2, 3(a).

[^f00011]: Amended by S.I. 2010/492, regulations 2, 3(a)(i) and (ii).

[^f00012]: Substituted (for the definition of “medical list” as inserted by S.I. 1998/666, regulation 3(c)), by S.I. 2005/661, regulation 2(d).

[^f00013]: Inserted by S.I. 2008/2263, regulation 3(h), substituted by S.I. 2008/2263, regulation 3(i) and amended by S.I. 2010/492, regulations 2, 3(c).

[^f00014]: Inserted by S.I. 2005/661, regulation 2(b).

[^f00015]: Inserted by S.I. 2005/661, regulation 2(b) and amended by S.I. 2006/600, regulation 2(1), (4)(a) and S.I. 2007/3280, regulation 2(1), (2)(i)(i) and (ii).

[^f00016]: Inserted by S.I. 2005/661, regulation 2(b), and amended by S.I. 2010/492, regulations 2, 3(b)(i) and (ii) and by S.I. 2011/2586, regulations 2, 3(b).

[^f00017]: Inserted by S.I. 2006/600, regulation 2(1), (3).

[^f00018]: Inserted by S.I. 2006/600, regulation 2(1), (3) and substituted by S.I. 2007/3280, regulation 2(1), (2)(m).

[^f00019]: Which was substituted by S.I. 2005/661, regulation 2(d).

[^f00020]: The definition of “vocational trainee” was inserted by S.I. 2006/600, regulation 2(1), (3).

[^f00021]: Inserted by S.I. 2005/661, regulation 3. There are no relevant amendments.

[^f00022]: Relevant amendment is S.I. 2009/2446, regulations 2, 10, Schedule 1, Part 1, paragraph 1(a).

[^f00023]: Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the NHS Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.

[^f00024]: Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.

[^f00025]: Paragraph (2A) was substituted by S.I. 2009/381, regulation 4 and amended by S.I. 2010/1634, regulations 2, 3(1), (4).

[^f00026]: Inserted by S.I. 2008/654, regulation 29 and amended by S.I. 2009/2446 and S.I. 2010/492.

[^f00027]: Amended by S.I. 2009/2446, regulations 2, 10, Schedule 1, Part 1, paragraph 1(a).

[^f00028]: Regulation Q13 was inserted by S.I. 2008/654, regulation 1(2).

[^f00029]: Regulation Q15 was inserted by S.I. 2008/654, regulation 51.

[^f00030]: Paragraphs (1) and (2) were amended by S.I. 2002/2469, regulations 8(a), 14, Schedules 5 and 11. Paragraph (3) was inserted by S.I. 2005/661, regulation 8 and amended by S.I. 2007/3280, regulation 2(1), (15).

[^f00031]: The definition of “actuarially reduced pension” was inserted by S.I. 2008/654, regulation 57(1), (4).

[^f00032]: Relevant amendments are S.I. 2005/661, regulation 10(a), S.I. 2007/3280, regulation 2(1), (26) and S.I. 2010/1634, regulations 2, 6(1), (2), (3).

[^f00033]: Inserted by S.I. 2008/654, regulation 64.

[^f00034]: Inserted by S.I. 2005/661, regulation 11(1), (2)(c).

[^f00035]: Inserted by S.I. 2005/661, regulation 11(1), (2)(c) and amended by S.I. 2007/3280, regulation 2(1), (27)(a)(i).

[^f00036]: Inserted by S.I. 2005/661, regulation 11(1), (2)(c). Relevant amendment is S.I. 2007/3280, regulation 2(1), (27)(a)(ii).

[^f00037]: Substituted by S.I. 2005/661, regulation 11(1), (2)(b).

[^f00038]: Inserted by S.I. 2000/605, regulations 2, 15(b)(i).

[^f00039]: Sub-paragraph (2)(a) substituted by S.I. 2005/661, regulation 11(1), (4)(b) and amended by S.I. 2007/3280, regulation 2(1), (27)(b)(i).

[^f00040]: Inserted by S.I. 2006/600, regulation 21(1), (4)(c), and amended by S.I. 2008/2263, regulation 22(1), (4)(c).

[^f00041]: Substituted by S.I. 2005/661, regulation 11(1), (5).

[^f00042]: Relevant amendments are S.I. 2002/2469, regulation 8(a), Schedule 5, S.I. 2005/661, regulation 11(1), (6)(a)(i) and (ii), (b)(i) and (ii) (c) and (d), S.I. 2006/600, regulation 21(1), (6)(a), (b) and (c), S.I. 2008/654, regulation 65(1) and (6) and S.I. 2008/2263, regulation 22(1), (5).

[^f00043]: Relevant amendments are S.I. 2002/2469, regulation 9, Schedule 6, S.I. 2008/654, regulation 65(1)(7)(b) and S.I. 2008/2263, regulation 22(1), (6).

[^f00044]: Relevant amendments are in S.I. 2006/600, regulation 21(1), (10)(a) to (d), (10)(g)(i) and (ii), (h) and (i), S.I. 2008/2263, regulation 22(1), (8)(c), S.I. 2009/381, regulation 13(1), (2), S.I. 2010/1634, regulations 2, 7(1), (3), (4) and S.I. 2011/2586, regulations 2, 12(1), (5)(a), (b).

[^f00045]: Sub-paragraph (10A) was inserted by S.I. 2006/600, regulation 21(1), (10)(e).

[^f00046]: Relevant amendment is S.I. 2002/561, regulation 2, Schedule, paragraph (10)(1), (12).

[^f00047]: Sub-paragraph (7) was inserted by S.I. 2002/561, regulation 2, Schedule, paragraph 10(1), (12).

[^f00048]: Amended by S.I. 2009/381, regulation 13(1), (4) and S.I. 2011/2586, regulations 2, 12(1), (7).

[^f00049]: S.I. 2008/653 as amended by S.I. 2008/2263, 2009/381, 1298 and 2446, 2010/492 and 1634, 2011/591 and 2586 and 2012 /610.

[^f00050]: 2008 c.30.

[^f00051]: S.I. 2010/772.

[^f00052]: Regulation 14 was substituted by S.I. 2012/215, regulations 17, 22.

[^f00053]: Amended by S.I. 2008/2263, regulation 25(1), (2)(a).

[^f00054]: 2012 c. 7.

[^f00055]: Amended by S.I. 2010/492, regulations 16 and 17(a)(i) and (ii).

[^f00056]: Substituted by S.I. 2008/2263, regulation 25(1), (2)(d) and amended by S.I. 2009/2446, regulations 11, 13(d) and by S.I. 2010/492, regulations 16, 17(b).

[^f00057]: Inserted by S.I. 2010/492 regulations 16, 17(d).

[^f00058]: Amended by S.I. 2009/2446, regulations 11, 103, Schedule 2. Part 1, paragraph 1(a).

[^f00059]: Amended by S.I. 2009/2446, regulations 1(2), 11, 103 Schedule 2, Part 1, paragraph 1(a) and by the Cooperative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), section 8(2), (3).

[^f00060]: Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the NHS Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.

[^f00061]: Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.

[^f00062]: Substituted by S.I. 2010/1634, regulations 8 and 10.

[^f00063]: Substituted by S.I. 2010/1634, regulations 8, 14.

[^f00064]: Amended by S.I. 2009/2446, regulations 11, 103, Part 2, Part 1, paragraph 1(a) and by S.I. 2012/610, regulations 9, 15.

[^f00065]: Substituted by S.I. 2009/381, regulation 52 and amended by S.I. 2009/2446, regulations 11, 103, Schedule 2, Part 1, paragraph 1(a).

[^f00066]: 2008 c.30.

[^f00067]: S.I. 2010/772.

[^f00068]: Regulation 14 was substituted by S.I. 2012/215, regulations 17, 22.

[^f00069]: Amended by S.I. 2008/2263, regulation 54(1), (2)(a).

[^f00070]: Amended by S.I. 2010/492, regulations 16, 36(a)(i) and (ii).

[^f00071]: Substituted by S.I. 2009/2446, regulations 11, 53(1), (4)(b) and amended by S.I. 2010/492, regulations 16, 36(b).

[^f00072]: Substituted by S.I. 2008/2263, regulation 54(1), 2(h)(i) and amended by S.I. 2010/492, regulations 16, 36(c).

[^f00073]: Amended by S.I. 2008/2263, regulation 58; S.I. 2009/2446, regulations 11, 56 and S.I. 2011/2586, regulations 14, 25.

[^f00074]: Amended by S.I. 2008/2263, regulation 59 and S.I. 2009/2446, regulations 11, 103, Schedule 2, Part 1, paragraph 1(a).

[^f00075]: Substituted by S.I. 2009/381, regulation 55 and amended by S.I. 2010/1634, regulations 8, 16(1), (3), S.I. 2011/2586, regulations14, 28(a)(i), (ii), (b)(i), (ii), (iii), (c)(i), (ii), (iii) and by S.I. 2012/610, regulations 9, 11.

[^f00076]: Section 3 makes provision for the automatic enrolment of a qualifying worker into a qualifying scheme like the NHS Pension Scheme. Section 5 makes provision for the automatic re-enrolment of such a person into such a scheme who has previously opted out of it. Section 8 makes provision for the opting out of such a scheme, including the effect of such an opt out.

[^f00077]: Regulation 9 sets out the requirements for a valid opt out notice and the time period during which a person who has been automatically enrolled into a qualifying scheme may opt out of it. Regulation 15 applies the provisions of regulation 9 to a person who has been automatically re-enrolled into a qualifying scheme having previously opted out of it. Note that regulation 11 deals with the refund of contributions following an opt out.

[^f00078]: Substituted by S.I. 2009/381, regulation 55 and amended by S.I. 2010/1634, regulations 8, 16(1), (2), (3) and by S.I. 2011/2586, regulations 14, 28(a)(i), (ii), (b)(i), (b)(ii), (iii), (c)(i), (ii), (iii) and by S.I. 2012/610, regulations 9, 18.

[^f00079]: Amended by S.I. 2009/2446, regulations 11, 103, Schedule 2, part 1, paragraph 1(a).

[^f00080]: Amended by S.I. 2009/regulation 58(a), (b), (c) and by S.I. 2009/2446, regulations 11, 70.

[^f00081]: Amended by S.I. 2009/2446, regulations 11, 103, Part 2, Part 1, paragraph 1(a) and by S.I. 2012/610, regulations 9, 15.

[^f00082]: Substituted by S.I. 2008/381, regulation 83 and amended by S.I. 2011/2586, regulations 14, 35.

[^f00083]: Inserted by S.I. 2009/2446, regulations 11, 94.

[^f00084]: S.I. 2000/619.

[^f00085]: 2000 c. 8.

[^f00086]: Inserted by S.I. 2008/655, regulation 2(1), (5)(b).

[^f00087]: Substituted by S.I. 2010/492, regulation 54(1), (6)(a).

[^f00088]: S.I. 1995/866.

[^f00089]: Amended by S.I. 2008/655, regulation 3(1), (20(a), (b).

[^f00090]: Substituted by S.I. 2008/655, regulation 3(1), (2)(a), (b), and amended by S.I. 2010/492, regulation 53(1), (2)(a)(i), (ii).

[^f00091]: Substituted by S.I. 2008/655, regulation 3(1), (2)(a), (b).

[^f00092]: Amended by S.I. 2011/2586, regulation 36.

[^f00093]: Inserted by S.I. 2000/606, regulations 2, 4(b).

[^f00094]: Inserted by S.I. 1997/646, regulation 5. Paragraphs (6) and (7) were substituted for paragraph (6) by S.I. 2000/606, regulations 2, 6 and paragraph (6) was further substituted by S.I. 2006/600, regulation 25.