{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.J.11",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008/regulation-3.J.11.json",
  "legislation": "uksi/2008/653",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2008",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2008",
  "path": "regulation/3.J.11",
  "kind": "regulation",
  "number": "3.J.11",
  "heading": "Determinations by medical practitioners",
  "text": "(1) The Secretary of State may make arrangements for functions under this Part in relation to decisions within paragraph (2) that are exercisable by the Secretary of State to be discharged by—\n(a) a registered medical practitioner (whether practising alone or as apart of a group) whom the Secretary of State has approved to act on the Secretary of State’s behalf, or\n(b) a corporate or unincorporated body which—\n(i) employs registered medical practitioners (whether under a contract of service or a contract for services), and\n(ii) is so approved.\n(2) This paragraph applies to any decision as to a person’s health or degree of physical or mental infirmity ... that is required for the purposes of this Part and, in particular, any such decision required for the purposes of—\n(za) regulation 3.D.2(8) (pension credit members);\n(a) regulation 3.D.7(2)(a) or (3)(a) (early retirement on ill-health (active members)),\n(b) regulation 3.D.8(1)(a) or (b) or (3) (re-assessment of ill-health pension),\n(c) regulation 3.D.9(1)(a) or (2)(a) (early retirement on ill-health (deferred members),\n(cc) regulation 3.D.11(1) (option for members in serious ill-health to exchange whole pension for lump sum),\n(d) regulation 3.D.15(6)(b) (procedure for allocation election under regulation 3.D.14),\n(e) regulation 3.E.9(1)(b)(ii) (meaning of “dependent child”),\n(f) regulation 3.J.4(1) (beneficiaries who are incapable of looking after their affairs).\n(g) determining whether an individual satisfies the severe ill health condition for the purposes of subsection (3)(a) of section 229 of the 2004 Act (total pension input amount).\n(3) In relation to decisions within paragraph (2), the Secretary of State may require any person entitled, or claiming to be entitled, to a benefit under this Part to submit to a medical examination by a registered medical practitioner selected by the Secretary of State, and in that event, the Secretary of State shall also offer the person an opportunity of submitting a report from the person’s own medical adviser as a result of an examination by that medical adviser, and the Secretary of State shall take that report into consideration together with the report of the medical practitioner selected by the Secretary of State.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 3.J.11(2) omitted (with effect from 1.4.2008) by virtue of The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6), 82(a)(i) (with reg. 93)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 3.J.11(2)(za) inserted (with effect from 6.4.2009) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2009 (S.I. 2009/381), regs. 1(2)(3), 82 (with reg. 89)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 3.J.11(2)(cc) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 82(a)(ii) (with reg. 93)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 3.J.11(2)(g) added (with effect from 19.7.2011) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2011 (S.I. 2011/2586), regs. 1(2)(6), 34"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 3.J.11(3) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 82(b) (with reg. 93)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/653/regulation/3.J.11",
    "retrieved_at": "2026-10-29T03:34:22.381913+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}