FOI-03882

##Request 

<p><i>‘Request for information — NHS Pension Scheme participation of South Sefton Primary Healthcare Ltd</i></p>

<p><i>I am a member of the NHS Pension Scheme. I worked as a locum GP for South Sefton Primary Care Network from October 2023. When I sought to have those earnings treated as pensionable, I was advised that this was not possible because South Sefton Primary Healthcare Ltd holds the status of a “Direction” (or “Determination”) employer in relation to the NHS Pension Scheme.</i></p>

<p><i>In order to understand the basis on which my earnings were treated as non-pensionable, I should be grateful for a copy of, or access to, the following:</i></p>

<p><i>1. The Direction or Determination (and any associated agreement, deed or instrument) that sets out the participation of South Sefton Primary Healthcare Ltd in the NHS Pension Scheme, including any terms governing whether locum or sessional GP earnings are pensionable.</i></p>

<p><i>2. Any guidance held by NHS Pensions/NHSBSA setting out how Direction/Determination employer status affects the pensionability of locum GP earnings.</i></p>

<p><i>I note NHSBSA's own published position (per FOI response FOI-03729) that where an employing authority is unable to confirm the pensionability position, a member may request that NHS Pensions consider the position. I am making that request here.</i></p>

<p><i>If NHSBSA does not hold the Direction/Determination document itself, please (a) confirm that, and (b) advise which body does hold it (for example NHS England), so that I may direct my request accordingly. For completeness, I am making a parallel request to NHS England.’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 3 June 2026.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

__Question 1 - The Direction or Determination (and any associated agreement, deed or instrument) that sets out the participation of South Sefton Primary Healthcare Ltd in the NHS Pension Scheme, including any terms governing whether locum or sessional GP earnings are pensionable__

A Direction / Determination was not issued by DHSC to South Sefton Primary Healthcare Ltd. Instead, the NHSBSA provided a ‘Letter of Comfort’. We have made DHSC aware of this. 

We have attached the following documents relating to South Sefton Primary Healthcare Ltd’s access to the NHS Pension Scheme: 

* Letter of Comfort  

* NHS Pension Scheme Access Information for Approved Employers 

* Direct Debit Mandate 

* Guidance for completion of the Direct Debit Mandate  

* Application Approval email  

You will notice that parts of the document(s) have been blacked out (i.e., redacted) This is because this information relates to other people and we do not have their consent to disclose their personal details, nor is it reasonable to disclose their information without their consent. This information is therefore being withheld as it falls under the exemption listed in Schedule 2, Part 3, Paragraph 16(1) and (2) of the Data Protection Act 2018. For more information on this exemption, please see the following link - Data Protection Act 2018 (legislation.gov.uk) 

__Redacted information__

We have considered this request under the Freedom of Information Act 2000 and we are issuing a refusal notice under section 17 of the FOIA.  

We can confirm that we do hold the requested information, but this information is exempt under section 40(2) of the FOIA (personal information).  

Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. In order for disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm. 

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).  

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that staff data processed by the NHSBSA remains confidential.  

Please see the following link to view the section 40 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/40 

__Question 2 - Any guidance held by NHS Pensions/NHSBSA setting out how Direction/Determination employer status affects the pensionability of locum GP earnings__

NHS Pensions follows the SI 2015/94 The National Health Service Pension Scheme Regulations 2015 which defines locum practitioner as follows:  

Locum practitioner

a medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by an entity specified in paragraph (1) to deputise or temporarily assist in the provision of services, work or functions specified in paragraph (2) or any combination of these. 

(1) The entities are— 

 (a) a GMS practice; 

 (b) a PMS practice; 

 (c) an APMS contractor; 

 (d) an OOH provider; or 

 (e) a Local Health Board or NHS England. 

 (2) The services, etc., are— 

 (a) essential services, additional services, enhanced services, pharmaceutical services or dispensing services within the meaning of the GMS Contracts Regulations; 

 (b) OOH services; 

 (c) commissioned services; 

 (d) certification services; 

 (e) Board and advisory work; 

 (f) health related functions exercised under section 75 of the 2006 Act; 

 (g) NHS 111 services;  

 (h) collaborative services; or 

 (i) services pursuant to an NHS standard contract or an NHS standard sub-contract. 

The regulations also confirm the following regarding locum practitioner income: 

7 Locum practitioner 

(1) This paragraph applies if a member is a locum medical practitioner. 

(2) The member's practitioner income is— 

(a) all fees and other payments made to the member in respect of the provision of locum services (excluding payments made to cover expenses or for overtime); minus 

(b) such expenses as are deductible in accordance with guidance laid down by the Secretary of State. 

(3) In this paragraph, references to the provision of locum services, in relation to a practitioner, are to Board and advisory work performed for NHS England or a Local Health Board, and— 

(a) primary medical services; 

(b) commissioned services; 

(c) collaborative services; 

(d) health-related functions exercised under section 75 of the 2006 Act; 

(e) pharmaceutical services; 

(f) dispensing services; 

(g) NHS 111 services; 

(h) services performed for a GMS practice, PMS practice or APMS contractor pursuant to the NHS standard contract, NHS standard sub-contract where the party to the NHS standard contract in question is an employing authority or a contract entered into by a local authority pursuant to its functions under the 2006 Act relating to the improvement and protection of public health and which the Secretary of State agrees to treat as a qualifying contract for these purposes; 

According to these regulations, locum GP earnings can only be pensionable when the work is carried out for certain listed organisation types. A Determination Employing Authority is not included in this list. 

__Data Queries__

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data. 

__Reusing the data and copyright__

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented. 

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2026”. Failure to do so is a breach of the terms of the licence. 

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.

Tags: NHS Pensions, South Sefton Primary Healthcare Ltd
Organization: Freedom of Information Disclosure Log