Payments to ophthalmic medical practitioners and opticians suspendedS
21.—(1) A Board shall authorise the Agency to make payments to any ophthalmic medical practitioner or optician who is suspended by direction of the Tribunal or by the Board in accordance with regulation 11 in accordance with the Scottish Ministers' determination for the time being in force in relation to such payments.
(2) The Scottish Ministers shall make the determination in accordance with paragraphs (3) and (4) after consultation with the organisations referred to in regulation 17(1), and it shall be published with the Statement there referred to.
(3) Any determination under paragraph (1)–
(a)shall determine any sum payable by reference to remuneration which the ophthalmic medical practitioner or optician might have received during the period that person was suspended [F1and may provide that the assessment of such remuneration shall take into account such factors and evidence as may be specified]; and
(b)may also determine any sum payable by reference to any other payment received or which might have been received by the ophthalmic medical practitioner or optician had that person not been suspended [F1and may provide that the assessment of such remuneration shall take into account such factors and evidence as may be specified].
(4) The Scottish Ministers' determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
(5) Regulation 17(2) shall apply to determinations under this regulation as it applies to determinations under that regulation.
[F2(6) Where the Agency considers that it has made a payment to an ophthalmic medical practitioner or optician owing to an error or in circumstances where it was not due, it shall, except to the extent that the Scottish Ministers on the application of the Board direct otherwise, draw the overpayment to the attention of the ophthalmic medical practitioner or optician and the amount overpaid shall be recoverable as a debt by any lawful means.]
Textual Amendments
F1Words in reg. 21(3) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(12)(a)