Regulation 4 Further restrictions on eligibility

For paragraph 6(11) substitute—

“(11)

A person may be a member of the Scheme notwithstanding that he is entitled to be a member of the National Health Service Pension Scheme for England and Wales (“the NHS Scheme”)^f1 if—

(a)

his entitlement to be a member of the NHS Scheme is by reason of his employment by—

(i)

a Care Trust; or

(ii)

an NHS Scheme employing authority as a result of a prescribed arrangement under section 31 of the Health Act 1999^f2;

(b)

he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and a Care Trust or NHS Scheme employing authority; and

(c)

he was an active member of the Scheme immediately before his employment by the Care Trust or by the NHS Scheme employing authority.”.