Regulation 8 Amendment of regulation R11

For regulation R11^f1 (participators in pilot schemes) substitute the following regulation–

“Participators in pilot schemes

R11

(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 is, in relation to the pilot scheme, a person providing piloted services, a medical pilot scheme employee, or a dental pilot scheme employee; and

(ii)

who, immediately prior to the commencement of the pilot scheme, was a member of the scheme by reason of his employment as a practitioner,

shall be treated as a practitioner employed by the relevant Health Authority;

(b)

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 Authority;

(c)

a registered dentist shall be treated as an officer if–

(i)

he is a dental pilot scheme employee; and

(ii)

immediately prior to the commencement of the pilot scheme he was a member by virtue of his employment as an officer; and

(iii)

his name was at that time included in a dental list immediately prior to the commencement of the pilot scheme;

(d)

a registered medical practitioner or a registered dentist, to whom paragraph (a) above does not apply, shall–

(i)

if he is providing piloted services, be treated as a practitioner employed by the relevant Health Authority; 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;

(e)

a person who is providing piloted services shall be liable to pay contributions under regulation D2 in respect of a member to whom paragraph (b) above applies, or who is employed by him as a medical pilot scheme employee, or as a dental pilot scheme employee;

(f)

a member who, immediately prior to 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 Authority;

(g)

a medical pilot scheme employee, who is employed otherwise than by a National Health Service trust, and to whom paragraph (a) or (d)(ii) does not apply, shall be treated for the purposes of these Regulations as if he were practice staff;

(h)

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 Authority as an NHS dental employee; and

(iii)

was at that time a member,

shall continue to be eligible to be a member;

(i)

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.

(2)

In paragraph (1) above “relevant Health Authority” means the Health Authority which has made an agreement with a person for that person to provide piloted services in the Health Authority’s area.”.