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

Grounds for refusal of application S

8.—(1) The grounds on which a Board must refuse to include an ophthalmic medical practitioner or optician in its Ophthalmic List are that–

(a) the applicant is not an ophthalmic medical practitioner or an optician;

(b) the applicant has been convicted in the British Islands of murder;

(c) the applicant [F1 is] disqualified;

(d) [F2 the applicant is suspended from the Ophthalmic List or equivalent list];

(e) the applicant has not updated the application in accordance with regulation 9(4)(a);

(f) the applicant has been refused entry to, or removed from, an equivalent list by an equivalent body on grounds corresponding (whether or not exactly) to a condition for disqualification [F3 and, at the time of the application, the decision of that equivalent body remains in force];

(g) any order has been made or any direction has been given in terms of the Medical Act 1983 (in the case of an ophthalmic medical practitioner) or the Opticians Act 1989 (in the case of an optician) that the applicant's registration in the register should be erased, removed or suspended [F4 and, at the time of the application, such order or direction remains in force][F5 ;

(h) the Board is not satisfied, after an inspection of the premises where the applicant intends to provide general ophthalmic services, that the premises comply with the provisions of paragraph 6 of Schedule 1;

(i) the Board is not satisfied that the applicant (except where the applicant is a body corporate) has the knowledge of English which, in the interests of the applicant and of patients who may receive general ophthalmic services from the applicant, is necessary for providing, or assisting with the provision of general ophthalmic services][F6 ;

(j) the applicant (except where the applicant is a body corporate) is not a scheme member;

(k) the applicant (except where the applicant is a body corporate) is barred from regulated work.]

(2) Paragraph (1) is without prejudice to any duty on a Board not to add the applicant to an Ophthalmic List by virtue of regulation 26 (practitioners subject to inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004 M1 .

(3) When the Board has decided whether or not to include an applicant in its Ophthalmic List, it shall notify the applicant [F7 and any other Board which the applicant has specified in the application] within 7 days of that decision of–

(a) the decision; and,

(b) if the Board has decided not to include the applicant, the grounds for the decision.

[F8 (4) When the Board has decided to include an applicant in the Ophthalmic List, and has notified another Board of that decision in accordance with paragraph (3), notwithstanding regulation 7(1), (3) and (6), that other Board may include the applicant in that Board’s Ophthalmic List without further enquiry.]

Textual Amendments

F1 Word in reg. 8(1)(c) substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(4)(a)

F2 Reg. 8(1)(d) substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(4)(b)

F3 Words in reg. 8(1)(f) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(4)(c)

F4 Words in reg. 8(1)(g) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(4)(d)

F5 Reg. 8(1)(h)(i) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(4)(e)

F6 Reg. 8(1)(j)(k) 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(4) (with reg. 4)

F7 Words in reg. 8(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(5)(a)

F8 Reg. 8(4) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(5)(b)

Marginal Citations

M1 S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.