The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

Amendment of regulation 9D

34.—(1) Regulation 9D of the Ophthalmic Regulations (notifications by Primary Care Trusts)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) after sub-paragraph (d), “or” shall be omitted; and

(b) after sub-paragraph (e), there shall be inserted—

“or

(f) removes an ophthalmic medical practitioner or optician under regulation 9 or 9C.”.

(3) In paragraph (2)—

(a) after sub-paragraph (b) there shall be inserted sub-paragraph (bb)—

“(bb) any Primary Care Trust in England in whose area the ophthalmic medical practitioner or optician, to the knowledge of the notifying Trust, provides or assists in the provision of general ophthalmic services;”;

(b) after sub-paragraph (f) there shall be inserted the following sub-paragraph—

“(ff) the NCAA;”; and

(c) for sub-paragraph (i), there shall be substituted—

“(i) where it is a fraud case, the NHS Counter Fraud and Security Management Service, and that notification shall be given not later than 7 days after the Primary Care Trust makes the decision referred to in paragraph (1).”.

(4) For paragraph (4)(a) there shall be substituted—

“(a) the name, address and, where applicable, date of birth of the ophthalmic medical practitioner or optician, and, in the case of a corporate optician, that information in respect of its directors;”.

(5) At the end, there shall be added paragraph (8)—

“(8) Where a Primary Care Trust is notified by the FHSAA that it has imposed a national disqualification on an ophthalmic medical practitioner or optician who was, or had applied to be, included in its ophthalmic list, the Trust shall notify the persons or bodies referred to in paragraphs (2)(b), (ff), (g) and (h) and (3).”.

(1)

Regulation 9D was inserted, in relation to England, by S.I. 2001/3739 and amended by S.I. 2002/601 and 2469.