The National Health Service (Ophthalmic Services) (Wales) Regulations 2023

Conditional inclusion

14.—(1) A Local Health Board may—

(a) decide to include a qualified practitioner in its combined list subject to conditions;

(b) in relation to a qualified practitioner who has applied to be included in the Local Health Board’s ophthalmic list, vary the terms of service set out in Schedule 4 to these Regulations for the purpose of, or in connection with, the imposition of those conditions.

(2) The imposition of conditions on a qualified practitioner under paragraph (1)(a) must be with a view to—

(a) preventing any prejudice to the efficiency of the provision of primary ophthalmic services, or

(b) preventing any acts or omissions of the type described in section 107(3)(a) of the Act (disqualification of practitioners).

(3) A Local Health Board may, and if requested in writing by the qualified practitioner to do so must, review its decision to impose or vary a condition under paragraph (1).

(4) A qualified practitioner may not request a review under paragraph (3) until after a three month period beginning with the date the Local Health Board includes the qualified practitioner in its combined list.

(5) After a review has taken place, the qualified practitioner may not request a further review before the end of a six month period beginning with the date of the decision on the previous review.

(6) Where a Local Health Board reviews its decision under this regulation, it may—

(a) vary the conditions imposed on the qualified practitioner,

(b) impose different conditions on the qualified practitioner,

(c) remove the condition or conditions imposed on the qualified practitioner, or

(d) remove the qualified practitioner from its combined list.

(7) A qualified practitioner may appeal the following decisions of the Local Health Board to the First-tier Tribunal—

(a) a decision to impose conditions, or any particular condition, on the qualified practitioner;

(b) a decision to vary a condition;

(c) a decision to vary the terms of service of the qualified practitioner.

(8) Except in a case within sub-paragraph (10), any decision of the Local Health Board that may be the subject of an appeal under sub-paragraph (4) must not have effect until the First-tier Tribunal has determined any appeal against it or the time for any appeal has expired.

(9) Sub-paragraph (10) applies where—

(a) a qualified practitioner has applied to be included in a Local Health Board’s supplementary list, and

(b) the Local Health Board decides that a qualified practitioner may be included in its supplementary list subject to conditions.

(10) If the qualified practitioner agrees in writing to be bound by the conditions imposed until the time for appeal has expired or any appeal is decided, the qualified practitioner may be included (or continue to be included) in that list—

(a) during the period for any appeal to the First-tier Tribunal under regulation 28, or

(b) if an appeal is brought, until the appeal has been decided.