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

4.  An application shall include the following undertakings:– S

(a) the applicant will participate in appropriate and relevant NHS audit procedures;

(b) that applicant will be bound by the terms of service;

(c) that the applicant will notify the Board in writing within 7 days of its occurrence if the applicant–

(i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;

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

(iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);

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

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

(vi) is bound over following a criminal conviction in the British Islands;

(vii) becomes the subject of any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

(viii) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant's professional conduct, and there is a finding against the applicant;

(ix) becomes, to the applicant's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

(x) becomes 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, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(xi) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;

(xii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate–

(aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;

(bb) is convicted of a criminal offence in the British Islands;

(cc) is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

(ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

(ff) becomes, to his or her knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

(xiii) has sequestration of the applicant's estate awarded or is adjudged bankrupt;

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

(xv) makes a composition or arrangement with, or grants a trust deed for, the applicant's creditors;

(xvi) if a body corporate–

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

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

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

(xvii) is made 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);

(d) that the applicant [F1 and, where the applicant is an optician that is a body corporate, all directors of the body corporate,] consents to a request being made by the Board to the Agency, any employer or former employer of the applicant [F2 or of any director as the case may be], licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which the applicant is or was a member;

(e) that the applicant consents to disclosure of information in terms of regulation 14; F3 ...

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (g) that the applicant (except where the applicant is a body corporate) will remain a scheme member.]

Textual Amendments

F1 Words in sch. 2 Pt. A para. 4(d) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(c)(i)

F2 Words in sch. 2 Pt. A para. 4(d) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(c)(ii)

F3 Word in sch. 2 Pt. A para. 4(e) omitted (28.2.2011) by virtue of The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(8)(c)(i) (with reg. 4)

F4 Sch. 2 Pt. A para. 4(f) omitted (3.2.2014) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/355), regs. 1, 9(b)

F5 Sch. 2 Pt. A para. 4(g) and word inserted (28.2.2011) by The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(8)(c)(ii) (with reg. 4)