Regulation 7 Substitution of regulation 12A

For regulation 12A (payments to contractors suspended by direction of the Tribunal), substitute—

“12A

(1)

The Health Authority shall make payments to any ophthalmic medical practitioner or optician who is suspended in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.

(2)

The Secretary of State shall make the determination in accordance with paragraph (3) after consultation with the organisations referred to in regulation 10(1) and it shall be published with the Statement referred to in regulation 10(1).

(3)

Subject to paragraphs (4) and (5), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, the suspended ophthalmic medical practitioner or optician receives payments at a rate corresponding to his remuneration by virtue of regulation 10 during the 12 months ending with his suspension.

(4)

The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.

(5)

The determination shall provide for a deduction to take account of any payments which the suspended doctor receives for providing general ophthalmic services otherwise than as a principal.

(6)

Regulation 10(2) shall apply to determinations under this regulation as it applies to determinations under that regulation.

(7)

Regulation 12(2) shall apply to payments made under this regulation as it applies to payments made under that regulation.”.