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 has been disqualified;
(d)the applicant has been suspended;
(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;
(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.
(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 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.
Marginal Citations
M1S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.