The National Health Service Superannuation Scheme etc. (Miscellaneous Amendments) (Scotland) Regulations 2011

Part 3 makes the following amendments to the National Health Service Pension Scheme (Scotland) Regulations 2008 which have effect from 1st April 2011, except regulations 22, 25, 36, 59(f), 65 and 70 which have effect from 1st April 2008, regulations 22 and 64 which have effect from 1st October 2008, regulations 19(c) and 61(d) which have effect from 1st April 2010, regulations 17(d) and (e) and 59(d) and (e) which have effect from 2nd July 2010, and regulations 24, 29, 32, 37, 67, 74, 77 and 81 which have effect from 6th April 2011—

• regulation 17(d) and (e) and regulation 59(d) and (e) omit unused definitions of “dental list” and update the meaning of “dentist” in regulation 2.A.1(1) and 3.A.1(1) to mirror the definition in the National Health Service (General Dental Services) (Scotland) Regulations 2010;

• regulations 19(c) and 61(d) amend, respectively, the meaning of a member’s qualifying service in regulations 2.A.5(1) and 3.A.5(1) to include, in the case of a Waiting Period Joiner or a person who is eligible to join the 1998 Section by virtue of regulation 2.B.1(5)(e), (g) or (h), the period of qualifying service that the member is entitled to count under the 1995 Section;

• regulations 22 and 64 amend, respectively, regulations 2.C.1(8) and 3.C.1(3) to add, respectively, consequential references to regulation 2.A.4(3A) and 3.A.4(3A);

• regulations 24 and 67 amend, respectively, regulations 2.D.15(4) and (5) and regulations 3.D.11(4) and (5) to remove restrictions preventing a relevant member for the purposes of those paragraphs being paid after reaching the age of 75;

• regulations 25 and 70 amend, respectively, regulations 2.E.9(1)(c)(i) and 3.E.9(1)(c)(i) so that the meaning of a dependent child, in relation to a deceased member or recent leaver, includes a relevant child who was born before the deceased ceased to be an active member (and not just whilst an active member);

• regulations 29 and 74 amend regulations 2.E.16(1) and 3.E.16(1) so that a lump sum is also payable if (on or after 6th April 2011) a pensioner member, on or after reaching age 75, dies except in the circumstances described in regulations 2.E.20A and 3.E.20A;

• regulations 32 and 77 amend regulations 2.E.20A(1) and 3.E.20A(1) so that these provisions apply only if the circumstances described took place before 6th April 2011;

• regulation 36 corrects a reference;

• regulations 37 and 81 amend, respectively, regulations 2.J.8 and 3.J.8 so that where paragraph (4), or new paragraphs (6) or (8), apply the scheme administrator may deduct the tax payable under section 205A or 206 of the Finance Act 2004, whichever section applies, before the lump sum is paid;

• regulation 62(a) replaces a previous amendment to regulation 3.B.1(5)(d)(ii) and clarifies, in doing so, where this amendment is to be made;

• regulation 65 amends and clarifies regulation 3.C.2(6) to require the contributions to be paid at the relevant rate on the basis of whichever of sub-paragraphs (a) to (c) the host Health Board (or someone appointed on its behalf) considers the most appropriate;

• regulation 68 amends regulation 3.D.18(7) to make it clear that the first reference to “the scheme” is a reference to the Section of the scheme, the rules of which are set out in the National Health Service Pension Scheme (Scotland) Regulations 2008;

• the other provisions in this Part replace references to provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 with references to the provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 which superseded them and make adjustments for connected purposes.

Part 4 makes the following amendments to the National Health Service (Scotland) (Injury Benefits) Regulations 1998 which have effect from 1st April 2011, except regulation 104(b) which has effect from 2nd July 2010—

• regulation 104(b) amends the definition of “dental list” in regulation 2(1) to mirror the corresponding definition in the National Health Service (General Dental Services) (Scotland) Regulations 2010;

• the other provisions in this Part replace references to provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 with references to the provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 which superseded them.

Part 5 makes the following amendments to the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 which have effect from 1stApril 2011, except regulation 114(c)(i) which has effect from 6th April 2011—

• regulation 114(c)(i) amends regulation 10(8) to increase, from 60 to 75, the upper age limit for a person to be eligible to request a transfer, under and in accordance with paragraph (1) of that regulation, of the value of investments made in relation to that person under regulation 7(1), 8(2) or 9(4) of those Regulations;

• the other provisions in this Part replace references to provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 with references to the provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 which superseded them.

Part 6 amends the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003 with effect from 1st April 2011 to replace references to provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 with references to the provisions of the National Health Service Superannuation Scheme (Scotland) Regulations 2011 which superseded them.

Part 7 comes into force on 1st December 2011 and provides that certain persons detrimentally affected by these Regulations may elect for the provisions not to apply to them.

Footnotes

[^f00001]: 1972 c. 11; sections10 and 12 were amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, PartII, the Pensions (Miscellaneous Provisions) Act 1990 (c.7), sections4(2), 8(5), 8(6) and10, the Pension Schemes Act 1993 (c.48), Schedule8, paragraph7 and S.I.2001/3649. The functions of the Secretary of State, in or as regards Scotland, were transferred to Scottish Ministers by virtue of article2 of, and Schedule1 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministersetc.) Order 1999 (S.I.1999/1750).

[^f00002]: See the Superannuation Act 1972, section10(1). This function was transferred to the Treasury by virtue of the Transfer of Functions (Minister for the Civil Service and Treasury) Order 1981 (S.I.1981/1670), Article2 and is still exercisable by virtue of S.I.1999/1750, article2 and Schedule1.

[^f00003]: Section 12(1) of the Superannuation Act 1972 provides that regulations may be framed so as to have effect from a date earlier than that of their making.

[^f00004]: S.S.I. 2011/117 as amended by S.S.I. 2011/173.

[^f00005]: S.S.I 2010/208.

[^f00006]: S.S.I. 2008/224, amended by S.S.I. 2009/19 and 208, 2010/22, 53 and 369 and S.I. 2010/234.

[^f00007]: S.I. 1998/1594, amended by S.I. 1999/195 and 444, S.S.I. 2001/437, 2004/212, 2005/445, 512, 544 and 2011, 2008/92 and 225, 2009/19 and 208, 2010/369 and 2011/211.

[^f00008]: S.S.I. 2010/208.

[^f00009]: S.I. 1998/1451, amended by S.I. 2001/3649, S.S.I 2001/465, 2004/62, 2005/544, 2006/307, 2008/225, 2010/22 and 369.

[^f00010]: S.S.I. 2003/344, amended by S.S.I. 2005/512 and 544, 2006/561, 2008/92 and 225, and 2011/211.