Finance Act, 1991

General medical services, scheme of superannuation.

12.—(1) Subject to the following provisions of this section, the Revenue Commissioners may, if they think fit, and subject to any undertakings and conditions that they think proper to attach to the approval, approve for the purposes of Chapter II of Part I of the Finance Act, 1972 , a scheme of superannuation provided for under an agreement for the provision of services under section 58 of the Health Act, 1970 (hereafter in this section referred to as “a scheme”), as if it were a retirement benefits scheme within the meaning of that Chapter and notwithstanding that it does not satisfy one or more of the conditions set out in subsections (2) and (3) of section 15 of that Act.

(2) As respects a scheme approved under this section, the provisions of Chapter II of Part I of, and Parts I and VI of the First Schedule to, the Finance Act, 1972 , shall apply subject to any necessary modifications and, in particular, as if in those provisions—

(a) “employee” included a registered medical practitioner providing services under an agreement for the provision of services under section 58 of the Health Act, 1970 (hereafter in this section referred to as “an agreement”),

(b) “service” included services by a registered medical practitioner under an agreement and an “office or employment” included the provision of such services, and

(c) a reference to “Schedule E” were a reference to Case II of Schedule D, except in section 20 of the said Act.

(3) Chapter III of Part XII of the Income Tax Act, 1967 , shall apply as if a member of a scheme were the holder of a pensionable office or employment and his income assessable to tax under Case II of Schedule D arising from an agreement were remuneration from such an office or employment.