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[F1(1)] Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—
(a)for the preparation and publication of lists of medical practitioners, [F2and ophthalmic] opticians, respectively, who undertake to provide general ophthalmic services ;
(b)for conferring a right, subject [F3to [F4subsections (2) and (3) below, to] any provision made under section 43C below and] to the provisions of this [F5Part of this] Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, [F6or ophthalmic] optician who wishes to be included in the appropriate list, to be so included;
(c)for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested, or from whom any prescription for the supply of optical appliances is to be obtained . . . F7;
(d)for the removal from the list of medical practitioners, [F8or ophthalmic] opticians undertaking to provide general ophthalmic services for persons in any [F9area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general ophthalmic services for persons in that [F9area].
[F10(2)The regulations may, in particular, make provision in relation to—
(a)grounds on which a Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below);
(b)information which must be supplied to a Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);
(c)the supply to a Health Authority by an individual—
(i)who is included, or seeking inclusion, in such a list, or
(ii)who is a director of a body corporate or who is a member of a limited liability partnership included, or seeking inclusion, in such a list,
of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act;
(d)grounds on which a Health Authority may defer a decision whether or not to include a person in such a list;
(e)the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to include them; and
(f)criteria to be applied in making decisions under the regulations.
(3)If regulations made by virtue of subsection (2)(a) provide that a Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.]
Textual Amendments
F1S. 39 renumbered as s. 39(1) (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(5), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1
F2Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(a)
F3Words in s. 39(b) inserted (1.4.2000) by 1999 c. 8, ss. 9(4), 67(1); S.I. 1999/2793, art. 2(3)(b); S.I. 2000/1041, art. 2(a)
F4Words in s. 39(1)(b) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(5)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1
F5Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 52
F6Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(b)
F7Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 1(4), 24, Sch. 8 Pt. I
F8Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 Pt. I para. 1(c)
F9Words in s. 39(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 28 (with Sch. 2 paras. 6, 16)
F10S. 39(2)(3) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 20(5)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1), Sch. Pt. 1
Modifications etc. (not altering text)
C1S. 39 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
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