LegalizeThe National Health Service Pension Schemes (Remediable Service) Regulations 2023
Part 13 and Schedule 2 provide for consequential amendments to the 1995 Regulations, the 2008 Regulations and the 2015 Transitional Regulations. The effect of the amendments to the 1995 Regulations and the 2008 Regulations in, respectively, paragraphs 1 and 2 of Schedule 2 is to make it clear that nothing in earlier amendments to those Regulations, as specified, prevents a member’s remediable service between 1st April 2015 and 31st March 2022 being treated as pensionable service under the member’s Section of the legacy scheme under PSPJOA 2022. Paragraph 3 of Schedule 2 amends regulation 27 of the 2015 Transitional Regulations to extend its scope so that it also applies to members who applied for ill-health retirement under the 2015 Regulations during their remediable service and whose application was accepted or rejected after the end of their remediable service on 31st March 2022.
A full impact assessment has not been completed for these Regulations. An Explanatory Memorandum has been published alongside these Regulations on http://www.legislation.gov.uk.
Footnotes
2013 c. 25. Section 3(1) was amended by section 94(2) of the Public Service Pensions and Judicial Offices Act 2022 and section 3(2)(c) was inserted by section 94(3) of that Act.
Section 21 has been amended by section 94(8) of PSPJOA 2022. The Secretary of State has published a statement pursuant to section 21(2) of PSPA 2013 indicating the persons the Secretary of State would normally expect to consult under section 21(1) of that Act. An up-to-date version of that list may be found at www.gov.uk/government/publications/nhs-pension-scheme-consultee-list or by writing to the Department of Health and Social Care, Quarry House, Quarry Hill, Leeds, West Yorkshire, LS2 7UE
The Public Service Pensions (Exercise of Powers, Compensation and Information) Directions 2022 which was published on 15th December 2022 and came into force on 19th December 2022. A copy may be obtained from the hyperlink https://www.gov.uk/government/publications/public-service-pensions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London SW1A 2HQ.
Regulation 38 was amended by S.I. 2019/418, 2022/273, 2023/301.
A copy may be obtained from the hyperlink https://www.gov.uk/government/publications/public-service-pensions-and-judicial-offices-act-2022-treasury-directions. A hard copy is available on written request to His Majesty’s Treasury, 1 Horse Guards Road, London SW1A 2HQ.
Section 32 of PSPJOA 2022 sets out the circumstances in which an “immediate detriment remedy” has been obtained for the purposes of section 31 of that Act.
Regulation 3.C.2 was substituted by S.I. 2009/381 and amended by S.I. 2010/1634, 2013/413, 2014/570, 2015/96, 2019/418.
Regulation 166 was amended by S.I. 2017/274, 2023/301.
This Authority was established by S.I. 2005/2414.
2000 c. 7. That definition was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).
For the meaning of “the relevant date”, see section 29(10) of PSPJOA 2022.
Regulations 2.E.1 and 3.E.1 were amended by S.I. 2009/381, 2019/418.
Regulation 113 was amended by S.I. 2019/418.
Chapter 2 was amended by S.I. 2016/245, 2017/275, 2019/418.
For the meaning of “opted-out service”, see section 36 of PSPJOA 2022.
See section 25(8) of PSPJOA 2022 for the meaning of “non-discrimination rule” and section 25(9) for the circumstances in which breach of a non-discrimination rule is “relevant”.
For the meaning of “the end of the election period”, see section 5(4) of PSPJOA 2022.
For the meaning of “pensioner member”, see section 109(3) of PSPJOA 2022.
Regulations Q8, Q10 and Q11 of the 1995 Regulations were inserted by S.I. 2008/654.
Regulations 2.C.8, 2.C.10 and 2.C.11 of the 2008 Regulations were amended by S.I. 2009/2446.
Regulations 3.C.6, 3.C.8 and 3.C.9 of the 2008 Regulations were amended by S.I. 2009/2446.
Regulation 25 of the 2015 Transitional Regulations was amended by S.I. 2022/327.
Regulation 2.D.5 was amended by S.I. 2009/381 and 2446. Regulation 3.D.5 was amended by S.I. 2009/381 and 2446, 2014/413.
See section 25(8) of PSPJOA 2022 for the meaning of “non-discrimination rule” and section 25(9) for the circumstances in which breach of a non-discrimination rule is “relevant”.
Regulation Q12 was inserted by S.I. 2008/654.
Regulation Q6 of the 1995 Regulations was amended by S.I. 2008/654, 2009/246.
For the meaning of “corresponding pension debit member”, see section 19(3) of PSPJOA 2022.
Regulation 3 was amended by S.I. 2005/2877, 2008/1050, 2016/289.
Section 33 has been amended but the amendment is not relevant to these Regulations.
Regulation 3 was amended by S.I. 2005/2877, 2008/1050, 2016/289.
Regulation 3 was amended by S.I. 2005/2877, 2008/1050, 2016/289.
Regulation 2 was amended by S.I. 2005/2877, 2016/289.
For the meaning of “relevant pension credit member”, see section 19(2) of PSPJOA 2022.
Regulation 3 was amended by S.I. 2005/2877, 2008/1050, 2016/289.
For the meaning of “pension credit”, see section 29(1)(b) of WRPA 1999. This definition applies by virtue of section 19(7) of PSPJOA 2022.
For the meaning of “relevant pension credit member”, see section 19(2) of PSPJOA 2022.
For the meaning of “relevant pension credit member”, see section 19(2) of PSPJOA 2022.
Regulation N1 and its heading was amended by S.I. 1997/80, 2002/561, 2006/600, 2008/654, 2009/2446.
Regulation N3 was amended by S.I. 2009/2446.
Regulation 2.F.9 was amended by S.I. 2008/2263, 2009/2446, 2015/95, 2016/245, 2017/275.
Regulation 2.F.11 was amended by S.I. 2008/2263, 2009/2446.
Regulation 3.F.9 was amended by S.I. 2008/2263, 2009/2446, 2015/95, 2016/245.
Regulation 3.F.11 was amended by S.I. 2008/2263, 2009/2446.
Regulation M8 was inserted by S.I. 2015/96 and amended by S.I. 2017/275.
Regulations 2.F.18 and 3.F.18 were inserted by S.I. 2015/96 and amended by S.I. 2017/275
For the meaning of “Chapter 1 scheme”, see section 33 of PSPJOA 2022.
Paragraph 18 was amended by S.I. 2009/2446.
For the meaning of “non-club transfer”, see the definition of “club transfer” in regulation 132 of the 2015 Regulations.
S.I. 2009/1171. Regulation 6 was amended by section 42(6)(a) of the Finance Act 2014 (c. 26).
For the meaning of “The Income Tax Acts”, see Schedule 1 to the Interpretation Act 1978 (c. 30).
Section 227(1) was amended by paragraph 63(2) of Schedule 1 to the Taxation of Pensions Act 2014 (c. 30) and paragraph 11(2)(a) of Schedule 4 to the Finance Act (No. 2) 2015 (c. 33).
Section 216 was amended by paragraph 42 of Schedule 10 to the Finance Act 2005 (c. 7). There are other amendments but none is relevant.
Section 237B was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c. 11). It has been amended by paragraph 129 of Schedule 46 to the Finance Act 2013 (c. 29), paragraph 68 of Schedule 1 to the Taxation of Pensions Act 2014 (c. 30) and section 9 of the Finance Act 2022 (c. 3) and by S.I. 2015/80 and 1810, 2017/468, 2019/201.
A booklet, 2019/20 Pensions Annual Allowance Charge Compensation Scheme (PAACCS) Member booklet (version 1, July 2022), describing this scheme is available here: https://www.england.nhs.uk/wp-content/uploads/2022/07/Pensions-Allowance-21-07-22.pdf. Alternatively, a copy may be obtained following a request in writing to NHS England, PO Box 16738, Redditch, B97 9PT.
Section 237BA was inserted by section 9(3) of the Finance Act 2022 (c. 3).
Section 237E was inserted by paragraph 15 of Schedule 17 to the Finance Act 2011 (c. 11).
Regulation T8 was inserted by S.I. 2000/605 and amended by S.I. 2001/3649, 2007/3280, 2008/2263, 2009/381, 2014/570.
Regulation 2.J.9 was amended by S.I. 2008/2263, 2009/381, 2009/2446, 2014/570. Regulation 3.J.9 was amended by S.I. 2008/2263, 2009/381, 2009/2446.
Section 32 of PSPJOA 2022 provides for the circumstances in which an immediate detriment remedy has been obtained.
Regulation E3A was substituted by S.I. 2006/2919 and amended by S.I. 2013/413, 2014/570, 2015/96.
Regulation 2.D.11 was amended by S.I. 2009/381 and 2446, 2013/413, 2014/570, 2015/96.
Regulation 2.C.6 was amended by S.I. 2010/492, 2013/413, 2014/570, 2015/96, 2017/275.
Regulation E3AB was inserted by S.I. 2015/96.
Regulation 2.D.11A was inserted by S.I. 2015/96.
Regulation E6 was amended by S.I. 2006/600, 2007/3280, 2009/381, 2010/492, 2011/2586. Regulation E7 was inserted by S.I. 2008/654 and amended by S.I. 2009/381.
Regulation 2.D.14 was amended by S.I. 2009/381 and 2446.
Regulation 2.D.5 was amended by S.I. 2009/381 and 2446. Regulation 3.D.5 was amended by S.I. 2009/381 and 2446, 2013/413.
Regulation E5A was inserted by S.I. 2023/952.
Regulation E2A was inserted by S.I. 2008/654 and subsequently amended by S.I. 2009/2446, 2019/418.
Regulations 2.D.8 and 3.D.6 and their headings were amended by S.I. 2009/381 and 2446, 2010/492, 2021/631.
Regulations 2.D.10 and 3.D.9 were amended by S.I. 2008/2263, 2009/2446.
Regulation 90 was amended by S.I. 2017/275.
Regulation 94 was amended by S.I. 2016/245.
See section 25(8) of PSPJOA 2022 for the meaning of “non-discrimination rule” and section 25(9) for the circumstances in which breach of a non-discrimination rule is “relevant”.
Regulation 27 was amended by S.I. 2022/327.
Editorial notes
Reg. 1 in force at 1.10.2023, see reg. 1(2)
Reg. 2 in force at 1.10.2023, see reg. 1(2)
Reg. 3 in force at 1.10.2023, see reg. 1(2)
Reg. 4 in force at 1.10.2023, see reg. 1(2)
Reg. 5 in force at 1.10.2023, see reg. 1(2)
Reg. 6 in force at 1.10.2023, see reg. 1(2)
Reg. 7 in force at 1.10.2023, see reg. 1(2)
Reg. 8 in force at 1.10.2023, see reg. 1(2)
Reg. 9 in force at 1.10.2023, see reg. 1(2)
Reg. 10 in force at 1.10.2023, see reg. 1(2)
Reg. 11 in force at 1.10.2023, see reg. 1(2)
Reg. 12 in force at 1.10.2023, see reg. 1(2)
Reg. 13 in force at 1.10.2023, see reg. 1(2)
Reg. 14 in force at 1.10.2023, see reg. 1(2)
Reg. 15 in force at 1.10.2023, see reg. 1(2)
Reg. 16 in force at 1.10.2023, see reg. 1(2)
Reg. 17 in force at 1.10.2023, see reg. 1(2)
Reg. 18 in force at 1.10.2023, see reg. 1(2)
Reg. 19 in force at 1.10.2023, see reg. 1(2)
Reg. 20 in force at 1.10.2023, see reg. 1(2)
Reg. 21 in force at 1.10.2023, see reg. 1(2)
Reg. 22 in force at 1.10.2023, see reg. 1(2)
Reg. 23 in force at 1.10.2023, see reg. 1(2)
Reg. 24 in force at 1.10.2023, see reg. 1(2)
Reg. 25 in force at 1.10.2023, see reg. 1(2)
Reg. 26 in force at 1.10.2023, see reg. 1(2)
Reg. 27 in force at 1.10.2023, see reg. 1(2)
Reg. 28 in force at 1.10.2023, see reg. 1(2)
Reg. 29 in force at 1.10.2023, see reg. 1(2)
Reg. 30 in force at 1.10.2023, see reg. 1(2)
Reg. 31 in force at 1.10.2023, see reg. 1(2)
Reg. 32 in force at 1.10.2023, see reg. 1(2)
Reg. 33 in force at 1.10.2023, see reg. 1(2)
Reg. 34 in force at 1.10.2023, see reg. 1(2)
Reg. 35 in force at 1.10.2023, see reg. 1(2)
Reg. 36 in force at 1.10.2023, see reg. 1(2)
Reg. 37 in force at 1.10.2023, see reg. 1(2)
Reg. 38 in force at 1.10.2023, see reg. 1(2)
Reg. 39 in force at 1.10.2023, see reg. 1(2)
Reg. 40 in force at 1.10.2023, see reg. 1(2)
Reg. 41 in force at 1.10.2023, see reg. 1(2)
Reg. 42 in force at 1.10.2023, see reg. 1(2)
Reg. 43 in force at 1.10.2023, see reg. 1(2)
Reg. 44 in force at 1.10.2023, see reg. 1(2)
Reg. 45 in force at 1.10.2023, see reg. 1(2)
Reg. 46 in force at 1.10.2023, see reg. 1(2)
Reg. 47 in force at 1.10.2023, see reg. 1(2)
Reg. 48 in force at 1.10.2023, see reg. 1(2)
Reg. 49 in force at 1.10.2023, see reg. 1(2)
Reg. 50 in force at 1.10.2023, see reg. 1(2)
Reg. 51 in force at 1.10.2023, see reg. 1(2)
Reg. 52 in force at 1.10.2023, see reg. 1(2)
Reg. 53 in force at 1.10.2023, see reg. 1(2)
Reg. 54 in force at 1.10.2023, see reg. 1(2)
Reg. 55 in force at 1.10.2023, see reg. 1(2)
Reg. 56 in force at 1.10.2023, see reg. 1(2)
Reg. 57 in force at 1.10.2023, see reg. 1(2)
Reg. 58 in force at 1.10.2023, see reg. 1(2)
Reg. 59 in force at 1.10.2023, see reg. 1(2)
Reg. 60 in force at 1.10.2023, see reg. 1(2)
Reg. 61 in force at 1.10.2023, see reg. 1(2)
Reg. 62 in force at 1.10.2023, see reg. 1(2)
Reg. 63 in force at 1.10.2023, see reg. 1(2)
Reg. 64 in force at 1.10.2023, see reg. 1(2)
Reg. 65 in force at 1.10.2023, see reg. 1(2)
Reg. 66 in force at 1.10.2023, see reg. 1(2)
Reg. 67 in force at 1.10.2023, see reg. 1(2)
Reg. 68 in force at 1.10.2023, see reg. 1(2)
Reg. 69 in force at 1.10.2023, see reg. 1(2)
Reg. 70 in force at 1.10.2023, see reg. 1(2)
Reg. 71 in force at 1.10.2023, see reg. 1(2)
Reg. 72 in force at 1.10.2023, see reg. 1(2)
Reg. 73 in force at 1.10.2023, see reg. 1(2)
Reg. 74 in force at 1.10.2023, see reg. 1(2)
Reg. 75 in force at 1.10.2023, see reg. 1(2)
Reg. 76 in force at 1.10.2023, see reg. 1(2)
Reg. 77 in force at 1.10.2023, see reg. 1(2)
Reg. 78 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 1 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 2 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 3 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 4 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 5 in force at 1.10.2023, see reg. 1(2)
Sch. 1 para. 6 in force at 1.10.2023, see reg. 1(2)
Sch. 2 para. 1 in force at 1.10.2023, see reg. 1(2)
Sch. 2 para. 2 in force at 1.10.2023, see reg. 1(2)
Sch. 2 para. 3 in force at 1.10.2023, see reg. 1(2)
Words in reg. 12(4) substituted (1.4.2025) by The National Health Service Pension Schemes (Amendment) Regulations 2025 (S.I. 2025/316), regs. 1(2), 42(2)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.