Legislation – The National Health Service Pension Schemes (Remediable Service) Regulations 2023
PART 3Elections
Eligibility to make an election: designated persons
7.
(1)
This regulation applies where for the purposes of regulation 8, 9 or 12 a designated person may make an election on behalf of a remedy member.
(2)
Where this regulation applies, the designated person is—
(a)
in the circumstances described in regulation 8(2)(b)(i), 9(2)(b)(i) or 12(2)(b)(i)—
(i)
a person who is capable and—
(aa)
(bb)
(cc)
(ii)
where there is no such person (capable or otherwise), a person who on the date of issue of a remediable service statement in relation to that member (see regulation 6) is aged 18 or over, capable and—
(aa)
(bb)
(cc)
(iii)
otherwise, the scheme manager or a person appointed by the scheme manager;
(b)
in the circumstances described in regulation 8(2)(b)(ii), 9(2)(b)(ii), 9(2)(b)(iii)(aa) or 12(2)(b)(ii), the personal representatives of the remedy member;
(c)
in the circumstances described in regulation 8(2)(b)(iii), 9(2)(b)(iii)(bb) or 12(2)(b)(iii), the scheme manager or a person appointed by the scheme manager.
(3)
For the purposes of paragraph (2)—
(a)
a person is capable unless, in the opinion of the scheme manager, that person is, by reason of illness or mental disorder or otherwise, unable to look after their own affairs;
(b)
the person appointed by the scheme manager (see paragraph (2)(a)(iii) and (c)) may include, in particular—
(i)
the personal representatives of the remedy member;
(ii)
the parent or guardian of a dependent or eligible child; or
(iii)
a dependent or eligible child.