4.—(1) The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005(1) shall be amended in accordance with this regulation.
(2) At the end of regulation 6 (decisions and grounds for refusal) add paragraph (7)—
“(7) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician under paragraph (6)(b), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.”.
(3) In regulation 10 (removal from supplementary list)—
(a)in paragraph (1), after sub-paragraph (g), insert sub-paragraph (gg)—
“(gg)in the case of an optician, is the subject of a direction made by the Fitness to Practise Committee of the General Optical Council other than in a health case to erase his name from the appropriate register or suspend his registration under section 13F(3)(a) or (b), (7)(a) or (b) or (13)(a) or (b) (powers of the Fitness to Practise Committee) of the Opticians Act.”; and
(b)after paragraph (1), insert paragraph (1A)—
“(1A) In paragraph (1), “health case” has the meaning given to it in section 13G(6) of the Opticians Act 1989(2).”; and
(c)in paragraph (8)(d), omit the comma after “requests”.
(4) In regulation 13(4) (suspension), for “paragraph (1) or (2)”, substitute “paragraph (2) or (3)”.
(5) In regulation 14 (reviews), after paragraph (7), insert paragraph (7A)—
“(7A) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician under paragraph (7)(c), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.”.
(6) In regulation 21 (transitional provisions), after paragraph (13), insert paragraph (13A)—
“(13A) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician of its decision under paragraph (13), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.”.