SCHEDULE 2

PART BINFORMATION, CONSENTS, DECLARATIONS, CERTIFICATES , DISCLOSURE REQUESTS, DISCLOSURE RECORDS AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE SECOND PART OF THE OPHTHALMIC LIST

2.

An application shall contain the following declarations as to whether or not the applicant:–

(a)

has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(b)

is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);

(c)

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

(d)

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;

(e)

has accepted a police caution in the British Islands;

(f)

has been bound over following a criminal conviction in the British Islands;

(g)

has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

(h)

is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

(i)

is the subject of any investigation or proceedings by another Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

(j)

is, or has been, where the outcome was adverse, the subject of any investigation into applicant's professional conduct in respect of any previous or current employment;

(k)

is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, which–

(i)

has been convicted of a criminal offence in the British Islands;

(ii)

has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

(iii)

is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

(iv)

has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

(v)

is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;