Paragraph 5

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 1 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(a)(i)
Sch. 2 para. 1 words inserted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(a)(ii)
Sch. 2 para. 1 words omitted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(a)(iii)
Sch. 2 para. 1 words omitted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(a)(iv)
Sch. 2 para. 2(a) words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(b)(i)
Sch. 2 para. 2(a) words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(b)(ii)
Sch. 2 para. 3 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(c)
Sch. 2 para. 4 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(d)
Sch. 2 para. 5 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(e)
Sch. 2 para. 6 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(e)
Sch. 2 para. 7 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(e)
Sch. 2 para. 8(b) word substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(f)(i)
Sch. 2 para. 8 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(f)(ii)
Sch. 2 para. 10 words substituted by National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) 2002 Sch. 1 para. 35(4)(g)

Any proceedings before the transferor committee instituted before the appointed day for determining whether the replacement or repair of an appliance is necessitated—

(a)

in the case of an optical appliance, by lack of care on the part of the person supplied; or

(b)

in the case of a dental appliance, by an act or omission of the person supplied or (if it occurred when such person was under 16 years of age) of him or of the person having charge of him when it occurred;

shall where the practice premises given on the application for the replacement or repair of the appliance are situated in the transferred area be continued with the substitution for the transferor committee of the transferee committee.