38. After regulation 9H of the Ophthalmic Regulations, there shall be inserted regulation 9I—
9I.—(1) Where an ophthalmic medical practitioner or optician has been removed from its ophthalmic list by a Primary Care Trust on the grounds that he had been convicted of a criminal offence, and that conviction is overturned on appeal, it may agree to include him in its ophthalmic list without a full application if it—
(a)is satisfied that there are no other matters that need to be considered; and
(b)has received an undertaking from him to comply with the requirements of these Regulations.
(2) In a case to which paragraph (1) applies, if the conviction is reinstated on a further appeal, the previous determination of the Primary Care Trust to remove that ophthalmic medical practitioner or optician from its ophthalmic list shall once again have effect.”.