The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

2.  An application shall contain the following declarations as to whether or not the applicant:– S

(a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);

(c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(d) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 M1 or a penalty under section 115A of the Social Security Administration Act 1992 M2 ;

(e) has accepted a police caution in the British Islands;

(f) has been bound over following a criminal conviction in the British Islands;

(g) has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

(h) is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

(i) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(j) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant's professional conduct in respect of any previous or current employment;

(k) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, or a member of a partnership (including a limited liability partnership) which–

(i) has been convicted of a criminal offence in the British Islands;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

(v) is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

(l) has had sequestration of the applicant's estate awarded or been adjudged bankrupt;

(m) has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

(n) has made a composition or arrangement with, or granted a trust deed for, the applicant's creditors;

(o) if a body corporate–

(aa) has had an administrator, administrative receiver or receiver appointed in respect of it; or

(bb) has had an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;

(cc) has been wound up under Part IV of the Insolvency Act 1986;

(p) is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

Marginal Citations

M1 1995 c. 46.

M2 1992 c. 5;. section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).