# The National Health Service Pension Scheme Regulations 1995, Paragraph 38

Extent: E+W+S

Where the Secretary of State is satisfied that the Independent Provider has provided a reasonable explanation or justification for the threshold being exceeded, the Secretary of State may require the Independent Provider to a pay an employer contribution surcharge on such part of that excess as the Secretary of State considers reasonable having regard to its declared NHS income, profits, losses and expenses for the scheme year in question.

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Source: https://www.legislation.gov.uk/uksi/1995/300/schedule/2B/paragraph/38 (the official version)
Page: https://openlegislation.uk/national-health-service-pension-scheme-regulations-1995/schedule-2B/paragraph-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.