Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX XIV

Memorandum by the Scottish Office Pensions Agency


NATIONAL HEALTH SERVICE SUPERANNUATION SCHEME (SCOTLAND) AMENDMENT (NO. 2) REGULATIONS 1997 (S.I. 1997/1916)

  1. This Memorandum is submitted by the Scottish Office Pensions Agency to the Joint Committee on Statutory Instruments in response to their letter of 12 November 1997 in which they raise the following point -

    "As respects the definition inserted by regulation 8(b) of `Doctors' Retainer Scheme' by reference to section 39 of the Statement of Fees and Allowances Paid to General Medical Practitioners in Scotland, state what that section 39 says and why the text was not set out in this definition."

  2. A copy of section 39 of the Statement of Fees and Allowances Paid to General Medical Practitioners in Scotland is attached to this Memorandum.

  3. Section 39 gives a description of the Scheme and how it operates rather than a concise definition which would readily fit in with the definitions in paragraph 1 of Schedule 1 to the National Health Service Superannuation Scheme (Scotland) Regulations 1995 (S.I. 1995/365). It seemed most appropriate in the circumstances to refer to section 39 rather than either transpose this material into the Regulations or provide a brief description in different terms which might not match section 39 precisely.

  4. It was considered that referring to section 39 was acceptable since those who would mainly have recourse to the definition would be officers of the Scottish Office Pensions Agency, general medical practitioners and their advisers, all of whom would have access to the Statement of Fees and Allowances.

17th November 1977

Extract from the Statement of Regional Allowances Paid to General Medical Practitioners in Scotland

DOCTORS' RETAINER SCHEME

Arrangements for General Practice Sessions

  39.1 The Regional Committee for Postgraduate Medical Education will arrange for doctors in the Scheme to do service sessions in general practice where the doctor so wishes and the Regional Committee for Postgraduate Medical Education agrees. The service sessions will be undertaken in practices considered suitable for this purpose by the Regional Committee for Postgraduate Medical Education. The doctor will undertake the sessions as an assistant employed by the practice concerned. The time the doctor works in the practice will be a matter for agreement between the doctor, the members of the practice and the Regional Committee for Postgraduate Medical Education and the terms of employment will be a matter for agreement between the doctor and the members of the practice. The Scheme is primarily intended to help women doctors to keep in touch with general practice but there is no bar to men being included in it.

Payment

  39.2 Payments will be made by the Board up to a maximum of the appropriate fee for a notional half-day per week to practitioners who employ a member of the Scheme as an assistant. The practice should inform the Board of any increase or decrease in the time the doctor spends in the practice from that notified to the Board so that any adjustment due can be made to the payments.

Level of Fee

  39.3 The fee shown in paragraph 1/Sch. 1 is that appropriate for a notional half-day of 3½ hours. The practice concerned should agree with the Board the number of notional half-days given to the practice by the member of the Scheme in any convenient period, e.g., of three months.

Other Arrangements

  39.4 All other arrangements are the responsibility of the Board in conjunction with Regional Postgraduate Advisers working under the auspices of Postgraduate Deans and Regional Committee for Postgraduate Medical Education.


 
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