NATIONAL HEALTH SERVICE, SCOTLAND Citation, commencement and effect 1 These Regulations may be cited as the National Health Service Superannuation Scheme (Scotland) Amendment Regulations 1999 and shall come into force on 19th March 1999, but shall have effect from 1st October 1998. Amendment of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 2 The National Health Service Superannuation Scheme (Scotland) Regulations 1995 shall be amended in accordance with regulations 3 to 10 below. Interpretation 3 In regulation A2– a after the definition of “contracting-out requirements” insert– “dental hygienist” A person whose name is included in the roll of dental hygienists referred to in regulation 21 of the Dental Auxiliaries Regulations 1986( “dental list” A list prepared in accordance with regulations made under section 25(2)(a) of the 1978 Act; “dental pilot scheme employee” An individual who, in connection with the provision of personal dental services in accordance with a pilot scheme, is employed by an individual or body providing those services; “dental therapist” A person whose name is included in the roll of dental therapists referred to in regulation 25 of the Dental Auxiliaries Regulations 1986; ; b after the definition of “guaranteed minimum pension” insert– “the health service” The meaning given in section 108 of the 1978 Act; ; c after the definition of “medical list” insert– “medical pilot scheme employee” An individual who, in connection with the provision of personal medical services in accordance with a pilot scheme, is employed by an individual or body providing those services; ; d after the definition of “mental health officer”, insert– “ NHS dental employee” An individual who, in connection with the provision of dental health services in the health service, is employed by– a National Health Service Trust; a Health Board; a registered dentist, including one who is providing personal dental services in accordance with a pilot scheme; ; e after the definition of “pensionable service” insert– “personal dental services” The meaning given in section 1(8) of the 1997 Act; “personal medical services” The meaning given in section 1(8) of the 1997 Act; ; f delete the definition of “pilot scheme employee” ; g after the definition of “qualifying service” insert– “registered dentist” The meaning given in section 53(1) of the Dentists Act 1984( . Age limits and restrictions on membership 4 In regulation B2– a at the end of paragraph (c) delete “and”; and b after paragraph (d) insert– ; e a person, other than a registered dentist or a dental therapist, who is employed as a dental pilot scheme employee otherwise than by a National Health Service Trust, and who either– i was, immediately before the commencement of such employment, an NHS dental employee who was not eligible to join the scheme; or ii has not previously been in employment as an NHS dental employee; and f a provider of personal dental services under a pilot scheme to whom these Regulations did not apply immediately before the commencement of the pilot scheme, other than a registered dentist or a dental therapist . Contributions by members 5 In regulation D1(5) for “21st” substitute “19th”. Early retirement pension (redundancy etc. ) 6 In regulation E3(4) – a at the end of sub-paragraph (a) delete “or”; and b after sub-paragraph (b) insert– c a member to whom regulation R13(1)(a) or (c) of these Regulations applies; or d a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service Trust. . Early retirement pension (employer’s consent) 7 In regulation E4(3) – a at the end of sub-paragraph (a) delete “or”; and b after sub-paragraph (b) insert– c a member to whom regulation R13(1)(a) or (c) of these Regulations applies; or d a member who is a dental pilot scheme employee and who is employed by a provider of piloted services other than a National Health Service Trust. . Right to buy additional service 8 In regulation Q1(1) delete the words from “Provided” to “age 55, and” inclusive. Participators in pilot schemes 9 For regulation R13 substitute– Participators in pilot schemes R13 1 For the purposes of these Regulations, for the duration of any pilot scheme– a a registered medical practitioner or a registered dentist– i who, immediately before the commencement of the pilot scheme, was a member by reason of his employment as a practitioner, and ii who is involved in the operation of the pilot scheme, whether as a person providing piloted services, a medical pilot scheme employee or a dental pilot scheme employee, shall be treated as a practitioner employed by the relevant Health Board; b a registered medical practitioner or a registered dentist, who immediately before the commencement of the pilot scheme was not a member by reason of his employment as a practitioner, shall– i if he is providing piloted services, be treated as a practitioner employed by the relevant Health Board; or ii if he is a medical pilot scheme employee or a dental pilot scheme employee, be treated as an officer employed by the provider of the piloted services; c a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme shall be treated as a practitioner employed by the relevant Health Board; d a member who, immediately before the commencement of a pilot scheme– i was employed as an NHS employee or as an NHS dental employee and was not a registered dentist, ii was employed as a medical pilot scheme employee and was not a registered medical practitioner, or iii was employed as a dental pilot scheme employee and was not a registered dentist, and who, after the commencement of the pilot scheme, is providing piloted services, shall be treated as a whole-time officer employed by the relevant Health Board; e a medical pilot scheme employee, who is employed otherwise than by a National Health Service Trust, and to whom paragraph (a) or (b)(ii) does not apply, shall be treated for the purposes of these Regulations as if he were practice staff; f a person other than a registered dentist who– i is employed as a dental pilot scheme employee otherwise than by a National Health Service Trust; ii immediately prior to the commencement of such employment, was employed by a National Health Service Trust or by a Health Board as an NHS dental employee; and iii was at that time a member, shall continue to be eligible to be a member; g a dental therapist who– i is a provider of piloted services or is a dental pilot scheme employee; and ii immediately prior to the commencement of the dental pilot scheme was not a member, shall be eligible to be a member; h a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member to whom paragraph (c) above applies, or who is employed by him as a medical pilot scheme employee or as a dental pilot scheme employee; 2 In paragraph (1) above “relevant Health Board” means the Health Board with which the agreement or agreements constituting the pilot scheme in question has or have been made. . Medical and dental practitioners 10 In Schedule 1– a in paragraph 1 in the definition of “Doctors' Retainer Scheme” for “31” substitute “35”; b in paragraph 6 (meaning of “pensionable earnings” in relation to other practitioners) for sub-paragraph (3)(b) substitute– b a practitioner employed as a medical or dental pilot scheme employee or to whom regulation R13(1)(c) applies, “pensionable earnings” means all salary or wages paid to the practitioner in respect of employment as a practitioner, or all remuneration paid to the practitioner under a contract for services, but does not include bonuses or payments made to cover expenses or for overtime. ; c in sub-paragraph (6) of paragraph 18 (members away from work and maternity absence) – i in head (a) after the words “providing piloted services” insert “or to whom regulation R13(1)(c) applies”; ii in heads (a) and (b) after the word “medical” insert the words “or dental”; iii in head (b) before the word “pilot”, where that word first appears, insert the words “medical or dental”. Helen Liddell Minister of State, Scottish Office St Andrew’s House, Edinburgh 11th February 1999 We consent Clive Betts Jim Dowd Two of the Lords Commissioners of Her Majesty’s Treasury 15th February 1999