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

PART C S DECLARATIONS TO BE PROVIDED IN TERMS OF REGULATION 26(6)

1.  A declaration as to whether or not the person who is included in the Ophthalmic List in terms of regulation 26(3)– S

(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 the British Islands;

(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 that person'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 that person'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 Health Board or equivalent body which might result in that person 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 that person'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, or a member of a partnership (including a limited liability partnership) 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 that person's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud.

2.  A declaration that– S

(a) that person consents to a request being made by the Health Board to the Agency, any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into that person or a body corporate referred to in this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which that person is or was a member;

(b) the fixed or mobile premises from which that person will provide general ophthalmic services contains the required equipment to provide general ophthalmic services;

(c) –

(i) no sequestration of the person's estate has been awarded and that the person has not been adjudged bankrupt, unless (in either case) the person has been discharged or the bankruptcy order has been annulled;

(ii) the person has not been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, unless that order has ceased to have effect or has been annulled;

(iii) the person has not made a composition or arrangement with, or granted a trust deed for, the person 's creditors unless the person has been discharged in respect of it;

(iv) where the person is a body corporate–

(aa) an administrator, administrative receiver or receiver has not been appointed in respect of it;

(bb) an administration order has not been made in respect of it under Schedule B1 to the Insolvency Act 1986;

(cc) it has been not been wound up under Part IV of the Insolvency Act 1986;

(d) the person is not subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); and

(e) the person undertakes to notify the Health Board in writing within 7 days of the occurrence of any event specified in paragraph 1, or sub paragraphs (c) and (d) of this paragraph.