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STATUTORY INSTRUMENTS


2007 No. 3280

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007

  Made 15th November 2007 
  Laid before Parliament 22nd November 2007 
  Coming into force 14th December 2007 

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 10(1) and (2), 12(1) and (2) and 24(1), (3) and (4) of, and Schedule 3 to, the Superannuation Act 1972[1], with the consent of the Treasury[2].

     In accordance with section 10(4) of that Act, he has consulted with representatives of persons likely to be affected by these Regulations, as appeared to him to be appropriate[3].

Citation, commencement and effect
     1. —(1) These Regulations may be cited as the National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) Amendment Regulations 2007.

    (2) These Regulations shall come into force on 14th December 2007 and shall have effect from 14th December 2007, except as follows—

Amendments to the National Health Service Pension Scheme Regulations 1995
    
2. —(1) The National Health Service Pension Scheme Regulations 1995[4] shall be amended as follows.

    (2) In regulation A2—

    (3) In regulation D2—

    (4) In regulations E5(2) and (4) and E6(7)(b) for "the Government Actuary" substitute "the Scheme Actuary".

    (5) After regulation F1(1) insert—

    (6) In regulation F2(3), for "(3A) below" substitute "(4)".

    (7) After regulation G2(5) insert—

    (8) After regulation H3(8) insert—

    (9) In regulation J1—

    (10) In paragraphs (1) and (2) of regulation M6, for "the Government Actuary" substitute "the Scheme Actuary".

    (11) In regulations N3A(2)(iii) and N4(2) and (3), for "the Government Actuary" substitute "the Scheme Actuary".

    (12) In regulation P1—

    (13) In regulation Q1—

    (14) In regulation Q7(6), for "the Government Actuary" substitute "the Scheme Actuary".

    (15) In regulation R1(3), after "Board" insert "with the modifications described in paragraphs 3, 4, 5, 10 and 23 of Schedule 2".

    (16) In regulation R5(4), after "whole-time employment" insert "and any amount by which the member's actual final year's pensionable pay in respect of part time employment exceeds the amount determined will be ignored".

    (17) In regulation S1(5)(b), for "section 18 of the National Health Service (Amendment) Act 1949 or section 104 of the National Health Service Act 1977" substitute "section 235 of the 2006 Act".

    (18) In regulation S4—

    (19) For regulation T1 substitute—

    (20) In regulation T2A, omit paragraphs (3), (4), (5) and (6).

    (21) In regulation T7(2), for "the Government Actuary" substitute "the Scheme Actuary".

    (22) In regulation T8(4)—

    (23) Omit regulation T8(5).

    (24) In regulation U1A, for "by a registered medical practitioner appointed to act on his behalf" substitute—

    (25) In regulation U2, after "Secretary of State" insert "and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by her in conformity with section 50 of the Pensions Act 1995[9]".

    (26) In regulation U3, in paragraphs (3) and (4), for "the Government Actuary" substitute "the Scheme Actuary".

    (27) In Schedule 2—

Amendments to the National Health Service (Injury Benefits) Regulations 1995
     3. —(1) The National Health Service (Injury Benefits) Regulations 1995[10] shall be amended as follows.

    (2) In regulation 2(1)—

    (3) In regulation 3(1)(d), for "National Health Service Act 1977" substitute "2006 Act or the 2006 (Wales) Act".

    (4) In regulation 4(4) omit "permanent".

    (5) In regulation 4A(2)—

    (6) After regulation 4A(7) insert—

    (7) For regulation 18A substitute—

    (8) In regulation 21A—

    (9) In regulation 22, after "Secretary of State" insert "and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by her in conformity with section 50 of the Pensions Act 1995".

Amendments to the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000
     4. —(1) The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000[11] shall be amended as follows.

    (2) In regulation 2(1)—

    (3) In regulation 21, after "Secretary of State" insert "and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by him in conformity with section 50 of the Pensions Act 1995".

Amendments to the National Health Service (Compensation for Premature Retirement) Regulations 2002
     5. —(1) The National Health Service (Compensation for Premature Retirement) Regulations 2002[13] shall be amended as follows.

    (2) In regulation 2(1), in the definition of "employing authority"—

    (3) In regulation 15, after "Secretary of State" insert "and any dispute shall be resolved by the Secretary of State in accordance with the dispute resolution procedure issued from time to time by him in conformity with section 50 of the Pensions Act 1995".



Signed by authority of the Secretary of State for Health.


Ann Keen
Parliamentary Under Secretary of State, Department of Health

13th November 2007



We consent


Dave Watts

Steve McCabe
Two of the Lords Commissioners of Her Majesty's Treasury

15th November 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the National Health Service Pension Scheme Regulations 1995 (S.I.1995/300) ("the Pension Scheme Regulations"), the National Health Service (Injury Benefits) Regulations 1995 (S.I.1995/866) ("the Injury Benefits Regulations"), the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 (S.I.2000/619) ("the AVC Regulations") and the National Health Service (Compensation for Premature Retirement) Regulations 2002 (S.I.2002/1311) ("the Compensation Regulations").

Regulation 1 provides for citation, commencement and effect, including that certain provisions of this instrument are to take effect from various dates before commencement.

Regulation 2 amends the Pension Scheme Regulations by—

Regulation 3 amends the Injury Benefits Regulations by—

Regulation 4 amends the AVC Regulations by—

Regulation 5 amends the Compensation Regulations by—

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or the voluntary sector.


Notes:

[1] 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; section 24 was amended by section 13(1) of the Police Pensions Act 1976 (c.35).back

[2] 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).back

[3] See section 10(4) of the Superannuation Act 1972.back

[4] S.I. 1995/300, 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 and 2007/2054, and modified by S.I. 1996/971.back

[5] 2006 c.41.back

[6] 2006 c.42.back

[7] 1967 c.28.back

[8] 1988 c.1.back

[9] 1995 c.26.back

[10] S.I. 1995/866, amended by S.I. 1997/646, 1998/667 and 2217, 2000/606, 2002/2469, 2003/631, 2004/865, 696 and 1016, 2005/661 and 3074, and 2006/600, and modified by S.I. 1996/971.back

[11] S.I. 2000/619, amended by S.I. 2001/1428 and 3649, 2002/610, 2005/3074 and 2006/600.back

[12] 2004 c.12.back

[13] S.I. 2002/1311, amended by S.I. 2002/2469, 2003/631, 2004/696, 2005/3074 and 2006/2919.back



ISBN 978 0 11 078983 5


 © Crown copyright 2007

Prepared 22 November 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20073280.html