The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

his full name;

his date of birth, where he consents, or if not, his date of first registration in the register; and

the date that his name was included in the supplementary list.

his full name;

his sex;

his date of birth;

his private address and telephone number;

his qualifications and where they were obtained;

a declaration that he is a fully registered ophthalmic medical practitioner or optician, included in the register;

his professional registration number and date of first registration in the register;

chronological details of his professional experience (including the starting and finishing dates of each appointment together with an explanation of any gaps between appointments),with any additional supporting particulars, and an explanation of why he was dismissed from any post;

names and addresses of two referees, who are willing to provide references in respect of two recent posts (which may include any current post) as an ophthalmic medical practitioner or optician, which lasted for at least three months without a significant break, and, where this is not possible, a full explanation and the names and addresses of alternative referees;

whether he has any outstanding application, including a deferred application, to be included in a list or an equivalent list, and if so, particulars of that application;

details of any Primary Care Trust list or equivalent list from which he has been removed or contingently removed, or to which he has been refused admission or in which he has been conditionally included, with an explanation as to why;

if he is the director of any body corporate that is included in any list or equivalent list, or which has an outstanding application (including a deferred application) for inclusion in such a list, the name and the address of the registered office of that body and details of the Primary Care Trust or equivalent body concerned; and

where he is, or was in the preceding six months, or was at the time of the originating events, a director of a body corporate, details of any list or equivalent list to which that body has been refused admission, in which it has been conditionally included, from which it has been removed, contingently removed or from which it is currently suspended, with an explanation as to why and details of the Primary Care Trust or equivalent body concerned.

undertaking to provide the declarations and document, if applicable, required by regulation 9;

undertaking not to assist in the provision of general ophthalmic services in the area of another Primary Care Trust or equivalent body from whose ophthalmic or supplementary list he has been removed, except where that removal was at his request or in accordance with regulation 10(6) or 21(12) of these Regulations, or regulation 9(2) of the Ophthalmic Regulations, without the consent, in writing, of that Trust or equivalent body;

undertaking to notify the Primary Care Trust within 7 days of any material changes to the information provided in the application until the application is finally determined;

undertaking to notify the Primary Care Trust if he is included, or applies to be included, in any other list or equivalent list held by a Primary Care Trust or equivalent body; and

consent to the disclosure of information in accordance with regulations 9 and 20.

has any criminal convictions in the United Kingdom;

has been bound over following a criminal conviction in the United Kingdom;

has accepted a police caution in the United Kingdom;

has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 199516 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution)17;

has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;

has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;

is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Primary Care Trust;

has been subject to any investigation into his professional conduct by any licensing, regulatory or other body, where the outcome was adverse;

is currently subject to any investigation into his professional conduct by any licensing, regulatory or other body;

is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud;

is the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to his removal from any list or equivalent list;

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

has been removed or contingently removed from, refused admission to, or conditionally included in any list or equivalent list kept by another Primary Care Trust or equivalent body, or is currently suspended from such a list and if so, why and the name of that Primary Care Trust or equivalent body; or

is, or has ever been, subject to a national disqualification,

has any criminal convictions in the United Kingdom;

has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;

is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Primary Care Trust;

has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body, where the outcome was adverse;

is currently subject to any investigation into its provision of professional services by any licensing, regulatory or other body;

is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud;

is the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to its removal from any list or equivalent list; or

has been removed or contingently removed from, refused admission to, or conditionally included in any list or equivalent list or is currently suspended from such a list,

he has not already supplied it to that Trust; or

it has changed since it was provided.

all information mentioned in paragraph (2), except that required by sub-paragraphs (f) and (g);

the undertakings and consents required by paragraphs (3) and (6);

any declaration required under paragraph (4) or (5), and

the requirements of paragraphs (9) and (10) have been complied with;

it has not sought further information, references or documentation under paragraph (7) from him; and

it has not deferred the application under regulation 7,

is satisfied that there are no other matters that need to be considered; and

has received an undertaking from him to comply with the requirements of these Regulations.

having considered the declaration required by regulation 4(4) and (if applicable) regulation 4(5), and any other information or documents in its possession relating to him, it considers that he is unsuitable to be included in its supplementary list;

having checked the information he provided under regulation 4(2)(e), (f) and (g), it considers he is unsuitable to be included in its supplementary list;

having contacted the referees provided by him under regulation 4(2)(i), it is not satisfied with the references;

having checked with the NHS Counter Fraud and Security Management Service for any facts that it considers relevant relating to past or current fraud investigations involving or related to him and, having considered these and any other facts in its possession relating to fraud involving or relating to him, it considers these justify such refusal;

having checked with the Secretary of State for any facts that he considers relevant relating to past or current investigations or proceedings involving or related to the ophthalmic medical practitioner or optician and, having considered these and any other facts in its possession involving or relating to him, it considers these justify such refusal; or

there are grounds for considering that admitting him to its supplementary list would be prejudicial to the efficiency of the service which he would undertake.

he has not provided satisfactory evidence that he intends to assist in the provision of general ophthalmic services in its area;

he is included in the ophthalmic list of any Primary Care Trust, unless he has given notice in writing to that Trust that he wishes to withdraw from that list;

he is included in the supplementary list of another Primary Care Trust, unless he has given notice in writing to that Trust that he wishes to withdraw from that list;

it is not satisfied he has the knowledge of English which, in his own interests or those of his patients, is necessary in assisting in the provision of general ophthalmic services in its area;

he has been convicted in the United Kingdom of murder;

he has been convicted in the United Kingdom of a criminal offence, other than murder, committed on or after 1st April 2005 and has been sentenced to a term of imprisonment of over six months;

he is subject to a national disqualification;

he has not updated his application in accordance with regulation 7(4); or

in a case to which regulation 15(4) applies, he does not notify the Primary Care Trust under regulation 15(5) that he wishes to be included in its supplementary list subject to the specified conditions.

check, as far as reasonably practicable, the information he provided, in particular that provided under regulation 4(2), (4) and (if applicable) (5), and ensure that it has sight of relevant documents;

check with the NHS Counter Fraud and Security Management Service whether it has any record of fraud by him;

check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to that ophthalmic medical practitioner or optician; and

take up the references he provided under regulation 4(2)(i).

the nature of any offence, investigation or incident;

the length of time since any offence, incident, conviction or investigation;

whether there are other offences, incidents or investigations to be considered;

any action or penalty imposed by any licensing, regulatory or other body, the police or the courts as a result of any such offence, incident or investigation;

the relevance of any offence, investigation or incident to the provision by him of general ophthalmic services and any likely risk to his patients or to public finances;

whether any offence was a sexual offence for the purposes of Part 2 of the Sexual Offences Act 200318, or if it had been committed in England and Wales, would have been such an offence;

whether he has been refused admission to, or conditionally included in, removed or contingently removed or is currently suspended from, any list or equivalent list, and if so, the facts relating to the matter which led to such action and the reasons given by the Primary Care Trust or equivalent body for such action; and

whether he was at the time, has in the preceding six months been, or was at the time of the originating events a director of a body corporate, which was refused admission to, conditionally included in, removed or contingently removed from, any list or equivalent list or is currently suspended from any such list, and if so, what the facts were in each such case and the reasons given by the Primary Care Trust or equivalent body in each case.

that decision; and

if it has decided not to include him, the reasons for that (including any facts relied upon) and of any right of appeal under regulation 15 against that decision.

there is an investigation anywhere in the world by his licensing or regulatory body or any other investigation (including one by another Primary Care Trust or equivalent body) relating to him in his professional capacity that, if adverse, would be likely to lead to his removal from the Primary Care Trust’s supplementary list, if he were to be included in it;

he is suspended from any list or equivalent list;

a body corporate of which he is, has in the preceding six months been, or was at the time of the originating events, a director, is suspended from any list or equivalent list;

the FHSAA is considering an appeal by him against a decision of a Primary Care Trust to refuse to include him in its supplementary list, or to conditionally include him in or to contingently remove him from, or to remove him from, any list kept by a Primary Care Trust and if that appeal is unsuccessful the Primary Care Trust would be likely to remove him from its supplementary list, if he were to be included in it;

the FHSAA is considering an appeal by a body corporate of which he is, has in the preceding six months been, or was at the time of the originating events a director, against a decision of a Primary Care Trust or equivalent body to refuse to admit the body corporate to its list, or to conditionally include it in or to remove or contingently remove it from any list kept by a Primary Care Trust or equivalent body, and if that appeal is unsuccessful the Primary Care Trust would be likely to remove him from its supplementary list, if he were to be included in it;

he is being investigated by the NHS Counter Fraud and Security Management Service in relation to any fraud, where the result, if adverse, would be likely to lead to his removal from the Primary Care Trust’s supplementary list if he were to be included in it;

a body corporate, of which he is, has in the preceding six months been, or was at the time of the originating events, a director, is being investigated in relation to any fraud, where the result, if adverse, would be likely to lead to his removal from the Primary Care Trust’s supplementary list if he were to be included in it; and

the FHSAA is considering an application from a Primary Care Trust for a national disqualification of him or of a body corporate of which he is, has in the preceding six months been, or was at the time of the originating events, a director.

update his application; and

confirm in writing that he wishes to proceed with his application.

that his application to be included has been successful; or

that it has decided to refuse the application or impose conditions on his inclusion, and the reasons for that (including any facts relied upon), and of any right of appeal under regulation 15.

notice of any allegation against him;

notice of the grounds for the action it is considering;

the opportunity to make written representations to it within 28 days of the date of the notification under sub-paragraph (b); and

the opportunity to put his case at an oral hearing before it, if he requests one within the 28 day period mentioned in sub-paragraph (c).

that decision and the reasons for it (including any facts relied upon); and

any right of appeal under regulation 15,

its decision and the reasons for it (including any facts relied upon); and

any right of appeal under regulation 15,

its decision and the reasons for it (including any facts relied upon); and

of any right of appeal under regulation 15,

may be included in its supplementary list, but subject to conditions imposed under this regulation; or

is to be subject to conditions while he remains included in its supplementary list,

is convicted of any criminal offence in the United Kingdom;

is bound over following a criminal conviction in the United Kingdom;

accepts a police caution in the United Kingdom;

has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 199519 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution)20;

has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;

is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;

is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;

is informed by any licensing, regulatory or other body of the outcome of any investigation into his professional conduct, and there is a finding against him;

becomes the subject of any investigation into his professional conduct by any licensing, regulatory or other body;

becomes subject to an investigation into his professional conduct in respect of any current or previous employment, or is informed of the outcome of any such investigation, where it is adverse;

becomes, to his knowledge, the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud, or is informed of the outcome of such an investigation, where it is adverse;

becomes the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to his removal from any list or equivalent list; or

is removed, contingently removed or suspended from, refused admission to, or conditionally included in any list or equivalent list,

is convicted of any criminal offence in the United Kingdom;

is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;

is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;

is informed by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against the body corporate;

becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body;

becomes to his knowledge the subject of any investigation in relation to fraud, or is informed of the outcome of such an investigation, where it is adverse;

becomes the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to its removal from any list or equivalent list; or

is removed, contingently removed or suspended from, refused admission to, or conditionally included in any list or equivalent list,

has been convicted in the United Kingdom of murder;

has been convicted in the United Kingdom of a criminal offence, other than murder, committed on or after 1st April 2005, and has been sentenced to a term of imprisonment of over six months;

is subject to a national disqualification;

has died;

has otherwise ceased to be an ophthalmic medical practitioner or optician;

in the case of an optician, is the subject of a suspension order under section 17 of the Opticians Act;

is included in the ophthalmic list of any Primary Care Trust, or the supplementary list of another Primary Care Trust,

a contingent removal by the Trust and has decided to remove him instead; or

a conditional inclusion, where he has been conditionally included in the supplementary list until the appeal has been decided, and has decided not to include him,

the continued inclusion of that ophthalmic medical practitioner or optician in the supplementary list would be prejudicial to the efficiency of the services which those included in the list assist in providing (“an efficiency case”);

he is involved in a fraud case in relation to any health scheme; or

he is unsuitable to be included in that list (“an unsuitability case”).

health services, including medical and surgical treatment, provided by Her Majesty’s Forces;

services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 198426;

health services provided to a prisoner in the care of the medical officer or other such officer of a

publicly-funded health services provided by or on behalf of any organisation anywhere in the world.

suspended under these Regulations; or

notice of any allegation against him;

notice of what action it is considering and on what grounds;

the opportunity to make written representations to it within 28 days of the date of the notification under sub-paragraph (b); and

the opportunity to put his case at an oral hearing before it, if he so requests, within the 28 day period mentioned in sub-paragraph (c).

its decision and the reasons for it (including any facts relied upon); and

any right of appeal under regulation 15,

its decision and the reasons for it (including any facts relied upon); and

any right of appeal under regulation 15,

its decision and the reasons for it (including any facts relied upon); and

any right of appeal under regulation 15,

the end of a period of 28 days starting with the day on which the Primary Care Trust reaches its decision; or

any appeal is disposed of by the FHSAA,

consider any information relating to him which it has received in accordance with any provision of regulation 9;

consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or related to him; and

in reaching its decision, take into consideration the matters set out in paragraph (2).

the nature of any offence, investigation or incident;

the length of time since any such offence, incident, conviction or investigation;

whether there are other offences, incidents or investigations to be considered;

any action taken or penalty imposed by any licensing or regulatory body, the police or the courts as a result of any such offence, incident or investigation;

the relevance of any offence, incident or investigation to his assisting in the provision of general ophthalmic services and any likely risk to any patients or to public finances;

whether any criminal offence was a sexual offence for the purposes of Part 2 of the Sexual Offences Act 200328, or if it had been committed in England and Wales, would have been such an offence;

whether he has been refused admittance to, conditionally included in, removed or contingently removed or is currently suspended from, any list or any equivalent list, and if so, the facts relating to the matter which led to such action and the reasons given by the Primary Care Trust or equivalent body for such action; and

whether he was at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate, which was refused admission to, conditionally included in, removed or contingently removed from any list or equivalent list or is currently suspended from any such list, and if so, what the facts were in each such case and the reasons given by the Primary Care Trust or equivalent body in each case for such action.

any information relating to him which it has received in accordance with any provision of regulation 9;

any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or related to the ophthalmic medical practitioner or optician; and

the matters set out in paragraph (4).

the nature of any incidents of fraud;

the length of time since the last incident of fraud occurred, and since any investigation into it was concluded;

whether there are any other incidents of fraud, or other criminal offences to be considered;

any action taken by any licensing, regulatory or other body, the police or the courts as a result of any such offence, investigation or incident;

the relevance of any investigation into an incident of fraud to his assisting in the provision of general ophthalmic services and the likely risk to patients or to public finances;

whether he has been refused admittance to, conditionally included in, removed or contingently removed or is currently suspended from, any list or any equivalent list, and, if so, the facts relating to the matter which led to such action and the reasons given by the Primary Care Trust or equivalent body for such action; and

whether he was at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate, which was refused admission to, conditionally included in, removed or contingently removed from, any list or equivalent list, or is currently suspended from any such list, and if so, what the facts were in each such case and the reasons given by the Primary Care Trust or equivalent body in each case.

consider any information relating to him which it has received in accordance with any provision of regulation 9;

consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or related to the ophthalmic medical practitioner or optician; and

in reaching its decision, take into account the matters referred to in paragraph (6).

the nature of any incident which was prejudicial to the efficiency of the general ophthalmic services that the ophthalmic medical practitioner or optician assisted in providing;

the length of time since the last incident occurred and since any investigation into it was concluded;

any action taken by any licensing, regulatory or other body, the police or the courts as a result of any such incident;

the nature of the incident and whether there is a likely risk to patients;

whether he has previously failed to supply information, make a declaration or comply with an undertaking required by these Regulations or the Ophthalmic Regulations;

whether he has ever failed to comply with a request by the Primary Care Trust to undertake an assessment by the NCAA;

whether he has been refused admittance to, conditionally included in, removed or contingently removed or is currently suspended from, any list or equivalent list, and if so, the facts relating to the matter which led to such action and the reasons given by the Primary Care Trust or the equivalent body for such action; and

whether he was at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate, which was refused admission to, conditionally included in, removed or contingently removed from any list or equivalent list, or is currently suspended from any such list, and if so, what the facts were in each such case and the reasons given by the Primary Care Trust or equivalent body in each case for such action.

removing any prejudice to the efficiency of the services in question (in an efficiency case); or

preventing further acts or omissions (in a fraud case).

the end of a period of 28 days starting with the day on which the Primary Care Trust reaches its decision; or

any appeal is disposed of by the FHSAA,

vary the conditions imposed;

impose new conditions; or

remove him from its supplementary list.

while it decides whether or not to exercise its powers to remove him under regulation 10 or contingently remove him under regulation 12;

while it waits for a decision affecting him of a court anywhere in the world or of a licensing or regulatory body;

where it has decided to remove him, but before that decision takes effect; or

pending appeal under these Regulations.

on the application of the Primary Care Trust, the FHSAA so orders; and

the Primary Care Trust applied under sub-paragraph (a) before the expiry of the period of suspension, but the FHSAA has not made an order by the time it expires, in which case it continues until the FHSAA makes an order.

the date on which the period of suspension is to end;

an event beyond which it is not to continue; or

both a date on which it is to end and an event beyond which it is not to continue, in which case it shall end on the earlier of that date or that event, as the case may be.

the expiry of any appeal period; or

if he appeals under regulation 15, the FHSAA has disposed of the appeal.

notice of any allegation against him;

notice of what action it is considering and on what grounds;

the opportunity to put his case at an oral hearing before it, on a specified day, provided that at least 24 hours notice of the hearing is given.

impose or vary conditions imposed under regulation 8;

impose or vary conditions imposed under regulation 12; or

suspend him under regulation 13(1)(a) or (b), except where a suspension is continuing by order of the FHSAA.

notice of any allegation against him;

notice of what action it is considering and on what grounds;

the opportunity to make written representations to it within 28 days of the date of the notification under sub-paragraph (b); and

the opportunity to put his case at an oral hearing before it, if he so requests within the 28 day period mentioned in sub-paragraph (c).

its decision;

the reasons for it (including any facts relied upon);

any right of appeal under regulation 15; and

the right to a further review under this regulation,

a decision to refuse admission to the supplementary list under regulation 6(1);

a decision to impose a particular condition under regulation 8, or to vary any condition or to impose a different condition under that regulation;

any decision on a review under regulation 14 of a conditional inclusion under regulation 8;

any decision to remove him under regulations 8(2), 10(3) or (6), 12(3)(c) or 15(6)(b);

any decision to impose a particular condition under regulation 12(1), or to vary any condition or to impose a different condition under that regulation;

any decision on a review under regulation 14 of a contingent removal under regulation 12(1); and

any decision to transfer or move him under regulation 21(12).

the Primary Care Trust and the ophthalmic medical practitioner or optician may each apply to the FHSAA for the conditions imposed on him to be varied, for different conditions to be imposed, or for the contingent removal to be revoked; and

the Primary Care Trust may remove him from its supplementary list if it determines that he has failed to comply with a condition.

refuse to admit an ophthalmic medical practitioner or optician to its supplementary list on the grounds specified in regulation 6;

impose conditions on his inclusion in that list under regulation 8;

remove him from that list under regulation 10;

remove him from that list contingently under regulation 12; or

suspend him from that list under regulation 13,

the Secretary of State;

the Scottish Executive;

the National Assembly for Wales;

the Northern Ireland Executive;

the General Medical Council, General Optical Council or any other appropriate regulatory body;

the NCAA; and

where it is a fraud case, the NHS Counter Fraud and Security Management Service.

a partnership any of whose members provide or assist in the provision of general ophthalmic services and can establish that the ophthalmic medical practitioner or optician is or was a member of the partnership or that it is considering inviting him to become such a member.

name, address and date of birth of the ophthalmic medical practitioner or optician;

his professional registration number;

date and copy of the decision of the Primary Care Trust; and

a contact name of a person in the Trust for further enquiries.

pursuant to paragraph (1), amend its supplementary list as soon as possible;

pursuant to paragraph (3), remove his name from its supplementary list as soon as it confirms that he has been accepted on that other list.

for the purpose of deciding whether or not to exercise its powers to remove him under regulation 10 or contingently remove him under regulation 12; or

who has been suspended under regulation 13,

the Secretary of State;

the Scottish Executive;

the National Assembly for Wales;

the Northern Ireland Executive;

the General Medical Council, General Optical Council or any other licensing or regulatory body;

any organisation or employer that, to the knowledge of the Primary Care Trust, employs or uses the services of the ophthalmic medical practitioner or optician, to whom that information relates, in a professional capacity;

any partnership, any of whose members provide or assist in the provision of general ophthalmic services and of which, to the knowledge of the Primary Care Trust, the ophthalmic medical practitioner or optician is a member or that is considering inviting him to become a member; and

where an allegation of fraud is being considered, the NHS Counter Fraud and Security Management Service.

31st July 2005; or

the date on which the Primary Care Trust notifies him of its decision under regulation 6(6),

31st July 2005; or

the date on which the Primary Care Trust notifies him of its decision under regulation 6(6),

has received an application from an ophthalmic medical practitioner or optician to whom paragraph (1) or (2) applies; and

becomes aware in respect of him of any of the matters listed in regulation 10(1),

is not entitled to have his name included in its ophthalmic list; but

would be, if he so applied, entitled to have his name included in its supplementary list,

give him notice to that effect, together with the opportunity to make written representations to it within 28 days of the date of that notification; and

consult any other Primary Care Trust in whose ophthalmic list his name is, to its knowledge, included.

remove his name from its ophthalmic list; and

unless his name is included in the ophthalmic list or supplementary list of another Primary Care Trust, include his name in its supplementary list.

received, on or before 31st March 2005, an application for inclusion in its ophthalmic list;

has not been determined that application before that date; and

considers that it is not appropriate to include the applicant in its ophthalmic list, but that it may be appropriate to include him in its supplementary list,

for the definitions of “deputy”, “equivalent body”, “licensing or regulatory body”, “mobile practice” and “suspended”, there shall be substituted respectively—

the following definitions shall be inserted at the appropriate alphabetical places—

the definition of “the National Health Service Counter Fraud Service” shall be omitted.

at the end of sub-paragraph (a) there shall be added—

for sub-paragraph (b) there shall be substituted—

in sub-paragraph (c) from “available at those addresses” to the end shall be deleted;

at the end, there shall be added sub-paragraph (e)—

for “body corporate carrying on business as ophthalmic opticians” there shall be substituted “corporate optician”; and

after sub-paragraph (a), there shall be inserted sub-paragraph (aa)—

after “may refuse to include an ophthalmic medical practitioner or optician” there shall be inserted “in its list or to list him as providing mobile services”;

in sub-paragraph (a), “paragraph 7 of” shall be deleted;

in sub-paragraph (b), “paragraphs 5 and 6 of” shall be deleted;

for sub-paragraph (d), there shall be substituted—

at the end there shall be added—

there shall be substituted for sub-paragraph (b)—

at the end of sub-paragraph (f), there shall be added “or, if it had been committed in England and Wales, would have applied”; and

at the end there shall be added sub-paragraph (j)—

after sub-paragraph (f), there shall be inserted sub-paragraph (ff)—

for sub-paragraph (h), there shall be substituted—

in sub-paragraph (a), “, or” shall be omitted;

after sub-paragraph (a), there shall be inserted sub-paragraph (aa)—

after sub-paragraph (b), there shall be inserted—

at the end, there shall be added “and, except in a case to which sub-paragraph (a) applies, notify him immediately that he has been removed from the list”.

for “criteria” there shall be substituted “matters”;

for sub-paragraphs (b) to (f), there shall be substituted—

after sub-paragraph (h) “and” shall be omitted and, at the end of the paragraph, there shall be added—

for “criteria”, there shall be substituted “matters”;

in sub-paragraph (d), for “the incident”, there shall be substituted “any such offence, investigation or incident”; and

at the end of sub-paragraph (g) “and” shall be deleted and, at the end of the paragraph, there shall be added—

for “criteria” there shall be substituted “matters”;

at the end of sub-paragraph (f) there shall be added “or the Supplementary List Regulations”; and

at the end of sub-paragraph (h) “and” shall be deleted and, at the end of the paragraph, there shall be added—

after sub-paragraph (d), “or” shall be omitted; and

after sub-paragraph (e), there shall be inserted—

after sub-paragraph (b) there shall be inserted sub-paragraph (bb)—

after sub-paragraph (f) there shall be inserted the following sub-paragraph—

for sub-paragraph (i), there shall be substituted—

in sub-paragraph (1), for “sub-paragraph (1A)”, there shall be substituted “, sub-paragraphs (1A) to (1D)”;

for sub-paragraph (1A) there shall be substituted—

at the end, there shall be added sub-paragraph (3)—

at the beginning there shall be inserted “Subject to sub-paragraph (2),”; and

at the end there shall be added sub-paragraph (2)—

at the beginning of sub-paragraph (1) there shall be inserted “Subject to paragraph 6ZA”; and

in sub-paragraph (2), for “paragraph 8(5)”, there shall be substituted “paragraphs 6ZA and 8(5)”.

at the end of sub-paragraph (3) there shall be added “and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the ophthalmic medical practitioner or optician is or was a member”;

After sub-paragraph (5), there shall be inserted as sub-paragraph (5A)—

at the end there shall be added sub-paragraph (7)—

for sub-paragraph (1) there shall be substituted—

sub-paragraph (2)(b) and “and” preceding it shall be deleted.

for sub-paragraphs (1), (2) and (3) there shall be substituted—

sub-paragraph (4)(b) and “and” preceding it shall be deleted.

for sub-paragraph (2), there shall be substituted the following—

in sub-paragraph (3), after “signatory”, there shall be inserted “or counter-signatory”.

after “a contractor” there shall be inserted “or an ophthalmic medical practitioner or optician assisting him in the provision of general ophthalmic services”; and

for “inform the patient’s doctor of his opinion”, there shall be substituted—

there shall be inserted, after paragraph (iii), the following paragraphs—

in paragraph (iv), from “, or is subject” to the end shall be deleted;

for paragraph (x) there shall be substituted—

after paragraph (x), there shall be inserted as paragraphs (xi) and (xii)—

in paragraph (ii), from “, or is subject” to the end shall be omitted;

for paragraph (vi), there shall be substituted—

after paragraph (vi), there shall be inserted paragraphs (vii) and (viii)—

after “any of whose lists”, in each place where it occurs, there shall be inserted “or equivalent lists”; and

after “Primary Care Trust”, in the second, third and fourth places where it appears, there shall be inserted “or equivalent body”.

who was named in the ophthalmic list of the Primary Care Trust as a mobile practice on 31st March 2005; or

whose name was included in the ophthalmic list of the Primary Care Trust and provided mobile services in its area immediately before 1st April 2005,

whose name is included in a supplementary list or an ophthalmic list; and