# The National Health Service Pension Scheme (Scotland) Regulations 2015, Schedule 13: Definitions Extent: S Table Column 1 Column 2 Word or expression Meaning or reference to provision where meaning is to be found the 1978 Act National Health Service (Scotland) Act 1978 the 1993 Act Pension Schemes Act 1993 the 1995 Act Pensions Act 1995 the 1995 Section the section of the National Health Service Superannuation Scheme for Scotland set out in the 2011 Regulations the 1999 Act Welfare Reform and Pensions Act 1999 the 2004 Act Finance Act 2004 . . . . . . the 2008 Section the section of the National Health Service Superannuation Scheme for Scotland set out in the 2013 Regulations the 2011 Regulations National Health Service Superannuation Scheme (Scotland) Regulations 2011 the 2013 Act Public Service Pensions Act 2013 the 2013 Regulations National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 accrual rate the fraction of pensionable earnings that accrue as earned pension for a financial year accrued rights does not include a right to benefits attributable (directly or indirectly) to a pension credit active member see section 124(1) of the 1995 Act; except where the context otherwise requires refers to membership of this scheme (but see regulation 84(3)) actuarial reduction see paragraph 9 of Schedule 7 additional pension unless the context otherwise requires, so much of a pension payable by virtue of contributions paid under Chapter 5 of Part 4 additional services see Schedule 1 to the GMS Contracts Regulations adoption leave has the meaning given in regulation 2(1) of the Paternity and Adoption Leave Regulations 2002 allocation amount the amount of the pension allocated in consequence of making an allocation election allocation election an election under regulation 50 approved salary sacrifice arrangement means an arrangement specified by the scheme manager under which the member gives up the right to receive part of their salary in return for their employer agreeing to provide the member with benefits in kind as specified by the scheme manager. assistant dental practitioner a dentist included in the second part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010 assistant practitioner a registered medical practitioner who is— (a) a GP performer who is not a GP provider but who is— (i) employed (whether under a contract of service or for services) by a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board, and (ii) in that employment engaged wholly or mainly in assisting that practitioner’s employer in the discharge of the employer’s duties as a GMS practice, a section 17C agreement provider, an HBPMS contractor, an OOH provider or a Health Board, or (b) a registered medical practitioner who is participating in a Doctors’ Retainer Scheme. automatic enrolment date see section 3(7) of the Pensions Act 2008 automatic re-enrolment date see regulation 12 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 base rate (a) the Bank of England base rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or (b) if an order under section 19 of the Bank of England Act 1998 is in force, an equivalent rate determined by the Treasury under that section. carer’s leave leave under section 80J of the Employment Rights Act 1996 CCT a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 , including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act certification services services related to the provision of medical certificates listed in schedule 4 of the GMS Contracts Regulations connected scheme see section 4(6) of the 2013 Act, but the provisions of the National Health Service Superannuation Scheme (Scotland) (Additional Voluntary Contributions) Regulations 1998 are not a connected scheme for the purpose of these Regulations contracting Health Board (a) in respect of a medical practitioner or non-GP provider who is— (i) a partner in a partnership that is a GMS practice; (ii) a partner in a partnership that has entered into a Section 17C Agreement; (iii) a partner in a partnership that is an HBPMS contractor that has entered into an HBPMS contract for the provision of primary medical services; or (iv) an individual who is a GMS practice, Section 17C Agreement provider or an HBPMS contractor, the Health Board with which the partnership, company, practice or contractor (as the case may be) has entered into such an agreement or contract and (in the case of a medical practitioner) the relevant Board on whose medical performers' list the practitioner's name appears; (b) in respect of a dental practitioner, the Health Board for whom the dental practitioner provides general dental services and on whose list the dentist's name appears contracting-out requirements the requirements set out in sections 13 to 24 of the 1993 Act conversion amount see paragraph 10 of Schedule 7 corresponding health service scheme (a) a pension scheme provided under regulations made under section 1(2)(e) of the 2013 Act and having effect in England and Wales; or (b) a pension scheme established under section 1(2)(e) of the Public Service Pensions Act (Northern Ireland) 2014 corresponding scheme a corresponding health service scheme the provisions of which the scheme manager has determined correspond to the provisions of these Regulations deferred member in relation to a period of pensionable service, is a person (P) who— (a) ceases to be an active member in relation to that period of service before P reaches normal pension age; (b) does not become a pensioner member in relation to that period of service; and (c) has at least two years' qualifying service or in respect of whom a transfer payment otherwise than from another occupational pension scheme has been received dental contractor a dental practitioner or body corporate included in the first part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010 dental practitioner see paragraph 5 of Schedule 5 determination employer see paragraph 6 of Schedule 5 dispensing services the provision of drugs, medicines and such appliances as are included in the list prepared by Scottish Ministers under section 27(1) of the 1978 Act employing authority see regulation 32(6) enactment includes an Act of the Scottish Parliament and subordinate legislation under such an Act enhanced services see regulation 3(1) of the GMS Contracts Regulations essential services services required to be provided in accordance with regulation 18 of the GMS Contracts Regulations general dental practitioner a dentist included in sub-part A of the first part of a dental list prepared in accordance with the National Health Service (General Dental Services) (Scotland) Regulations 2010 general dental services see section 25(1) of the 1978 Act GMS contract a contract under section 17J of the 1978 Act or under article 13 of the General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 the GMS Contracts Regulations the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 GMS practice (a)a medical practitioner who belongs in group D in regulation 27(1); (b)two or more individuals practising in partnership; (c)a company limited by shares, with whom a Health Board has entered into a GMS contract GOS contract a contract under section 26 of the 1978 Act for the provision of the services referred to in paragraph 14 of Schedule 1 to the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 GP performer a medical practitioner who performs essential services, additional services, enhanced services, dispensing services, collaborative services, commissioned services, OOH services or certification services, or a combination of these services— (a) under a GMS contract, a Section 17C Agreement or an HBPMS contract; (b) on behalf of an OOH provider; or (c) under a contract of service or for services with a Health Board which relates to arrangements by which it is to provide primary medical services GP registrar a medical practitioner who is being trained in general practice by a GP trainer, whether as part of training leading to a CCT or otherwise guaranteed minimum pension see the 1993 Act, section 8 HBPMS contract arrangements for the provision of services in accordance with section 2C(2) of the 1978 Act between a Health Board and a HBPMS contractor HBPMS contractor a person with whom a Health Board has made arrangements under section 2C(2) of the 1978 Act, but only if that person is also a person who would be eligible to enter into a GMS contract or a Section 17C Agreement for the provision of primary medical services and has not entered into such a GMS contract or Section 17C Agreement lifetime allowance in relation to a person, has the meaning given in section 218 of the 2004 Act locum practitioner a medical practitioner (other than a GP registrar) whose name is included in a medical performers list and who is engaged, otherwise than in pursuance of a commercial arrangement with an agent, under a contract for services by— (a) a GMS practice; (b) a Section 17C Agreement provider; (c) an HBPMS contractor; (d) an OOH provider; or (e) a Health Board, to deputise or assist temporarily in the provision of essential services, additional services, enhanced services, dispensing services, OOH services, commissioned services, certification services or collaborative services (or any combination of those services) lump sum and death benefit allowance in relation to a person, has the meaning given in section 637R of the Income Tax (Earnings and Pensions) Act 2003 maternity leave ordinary maternity leave or additional maternity leave as defined in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999 medical contractor see paragraph 3 of Schedule 5 medical performers list a list prepared by a Health Board pursuant to regulation 4(1) of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004 medical practitioner see section 152 member in relation to this scheme means— (a) an active member; (b) a deferred member; (c) a pensioner member; or (d) a pension credit member neonatal care leave leave under section 80EF of the Employment Rights Act 1996 NHS employment employment or engagement of an individual who is of a description in— (a) any of sub-paragraphs (a) to (d) of paragraph (1) of regulation 18; or (b) sub-paragraph (a) or (b) of paragraph (2) of that regulation, unless the scheme manager certifies that the employment is not NHS employment NHS organisation see paragraph 1 of Schedule 5 non-GP provider (a) a partner in a partnership that is a GMS practice who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that practice; (b) a partner in a partnership— (i) all of whose members have entered into a Section 17C Agreement for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that partnership; (c) a partner in a partnership that is an HBPMS contractor— (i) that has entered into an HBPMS contract for the provision of primary medical services, but (ii) who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that partnership; (d) a shareholder in a company limited by shares that is— (i) a GMS practice, or (ii) a Section 17C Agreement practice or an HBPMS contractor that has entered into a Section 17C Agreement or an HBPMS contract for the provision of primary medical services, but who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she assists in the provision of NHS services provided by that company; (e) an individual who is a Section 17C Agreement practice or an HBPMS contractor, but who is not a GP provider and who demonstrates to the satisfaction of the scheme manager that he or she participates in the provision of NHS services normal minimum pension age see section 279(1) of the 2004 Act normal pension age is determined in accordance with section 10 of the 2013 Act OOH provider see regulation 150 OOH services services which are required to be provided in the out of hours period and which, if provided during core hours by a GMS practice, a Section 17C Agreement provider or an HBPMS contractor to patients to whom the practice, provider or contractor is required by its contract or agreement to provide essential services, would be or would be similar to essential services ophthalmic provider see regulation 152(9) overtime any period of time worked during the period beginning with 1 April 2015 and ending with 31 March 2024 that is in excess of— (a) whole-time, according to the terms of the member’s employment contract, or (b) if regulation 27A applies to the member, but the member does not make an election under paragraph (2) of that regulation, the lesser of— (i) the period of time for which the member was contracted to work in the ordinary course of events, or (ii) such a period of time as the scheme manager determines a person engaged in similar employment would reasonably be contracted to work in the ordinary course of events, (c) any period of time worked on or after 1 April 2024 that is in excess of— (i) whole-time, according to the terms of the member’s employment contract, or (ii) the terms of the member’s employment contract, during the period of 12 months following an election for partial retirement made under regulation 84 parental bereavement leave regulation 3 of the Parental Bereavement Leave Regulations 2020 parental leave has the meaning given in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 1999 paternity leave leave under regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 pay period in relation to members who receive either salary, wages or other regular payments under a contract of employment or a contract for services, the period in respect of which each payment is made in accordance with the terms of that contract pension credit a credit under section 29(1)(b) of the 1999 Act (including a credit under corresponding Northern Ireland legislation) pension credit member see section 124(1) of the 1995 Act pensionable employment NHS employment in respect of which contributions are payable under Part 4 pensioner member in relation to this scheme, is a person who is entitled to payment of a retirement pension under the scheme practice staff a person who is— (a) not a registered medical practitioner, a GP registrar or a non-GP provider, and (b) is employed by a GMS practice, a Section 17C Agreement practice, an HBPMS contractor or an OOH provider to assist in the provision of the services it provides practitioner see regulation 27(5) primary medical services see section 2C of the 1978 Act principal practitioner a GP performer or a general dental practitioner prospective normal pension age in relation to a member's prospective entitlement to benefits under this scheme, means the normal pension age that the scheme manager determines (by reference to Treasury directions made under section 11(2) of the 2013 Act) would apply in relation to those benefits public sector transfer arrangements arrangements approved by the scheme manager as providing reciprocal arrangements for the payment and receipt of transfer values between this scheme and other occupational pension schemes qualifying service see regulation 22 quarter a 3 month period ending on the last day of March, June, September or December salary sacrifice arrangement an arrangement under which the member gives up the right to receive an amount of pensionable earnings in return for the provision of a benefit in kind including, but not limited to, a benefit consisting of a motor car or other vehicle, meals, care or vouchers scheme manager see regulation 3 scheme year a period of 12 months starting on 1st April Section 17C Agreement an agreement made under section 17C of the 1978 Act Section 17C Agreement provider any person who is providing primary medical services in accordance with a Section 17C Agreement shared parental leave regulation 3(1) of the Shared Parental Leave Regulations 2014 standard earned pension pension which— (a) is earned under this scheme, and (b) is payable without actuarial reduction at normal pension age State pension age pensionable age, as specified from time to time in Part 1 of Schedule 4 to the 1995 Act this scheme the scheme established by these Regulations transfer payment a transfer value payment or a cash transfer sum made or received by the scheme in relation to a member --- Source: https://www.legislation.gov.uk/ssi/2015/94/schedule/13 (the official version) Page: https://openlegislation.uk/national-health-service-pension-scheme-scotland-regulations-2015/schedule-13 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.