Regulation 5 Amendment of regulation 8

In regulation 8 (withdrawal from ophthalmic list), for paragraph (2) substitute—

“(2)

Where a Health Authority is investigating an ophthalmic medical practitioner or optician—

(a)

for the purpose of deciding whether or not to exercise its powers under section 49F, 49G or 49I of the Act;

(b)

in order to see whether the ophthalmic medical practitioner or optician has failed to comply with a condition imposed on his inclusion under regulation 7D so as to justify his removal from the list; or

(c)

who has been suspended under section 49I(1)(a) of the Act,

the ophthalmic medical practitioner or optician may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the matter has been finally determined by the Health Authority.

(2A)

Where a Health Authority has decided to remove an ophthalmic medical practitioner or optician from a list under section 49F or 49G of the Act, or contingently remove under section 49G of the Act, or remove him for breach of a condition imposed on inclusion under regulation 7D, but has not yet given effect to its decision, the ophthalmic medical practitioner or optician may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent.

(2B)

Where a Health Authority has suspended the ophthalmic medical practitioner or optician under section 49I(1)(b), he may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Health Authority.”.