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

Amendment of regulation 9C

33.  At the end of regulation 9C(1)(1) (cases where a practitioner must be removed) there shall be added sub-paragraphs (c) to (e)—

“(c) is subject to a national disqualification;

(d) in the case of an ophthalmic medical practitioner, is the subject of—

(i) a direction given by the Professional Conduct Committee of the General Medical Council under section 36(1)(i) or (ii) of the Medical Act 1983 (professional misconduct and criminal offences)(2),

(ii) an order or direction made by that Committee under section 38(1) of that Act (order for immediate suspension)(3), or

(iii) from the coming into force of article 13 of the Medical Act 1983 (Amendment) Order 2002(4), a direction by a Fitness to Practise Panel of the General Medical Council for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), (10)(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or section 38(1) (power to order immediate suspension etc) of that Act(5); or

(e) in the case of an optician, is the subject of a suspension order under section 17 of the Opticians Act 1989(6).”.

(1)

Regulation 9C was inserted by S.I. 2001/3739; paragraph (1) was amended by S.I. 2002/2469.

(2)

1983 c. 54; section 36 was amended by S.I. 2000/1803.

(3)

Section 38(1) was amended by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 7.

(4)

S.I. 2002/3135.

(5)

Sections 35D and 38 are inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

(6)

1989 c. 44.