184. In section 11B(1) (failure to satisfy requirements imposed under a scheme), after subsection (1) insert—
“(1A) Subsection (1B) circumscribes the power under subsection (1) in relation to a person (“P”)—
(a)who is a registered optometrist only as a result of being in the register of visiting optometrists from relevant European States, or
(b)who is a registered dispensing optician only as a result of being in the register of visiting dispensing opticians from relevant European States.
(1B) A power under subsection (1)(a) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, exercise of the power is an appropriate and proportionate sanction in view of P’s continued lawful establishment in P’s home State in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).
(1C) In subsection (1B) “home State”, in relation to P, means the relevant European State in which P is lawfully established in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).”.
Section 11B was inserted by S.I. 2005/848.