Regulation 4 Amendment of regulation 7B

in paragraph (1)(a) for the words from “legal proceedings” to “in the United Kingdom” substitute—

“proceedings in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,”;

in paragraph (1)(b) for the words from “legal proceedings” to “in the United Kingdom” substitute—

“proceedings against a body corporate of which the ophthalmic medical practitioner or optician is, has in the preceding six months been, or was at the time of the originating events a director, in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,”;

in paragraph (1)(c) for “successful” substitute “adverse”;

for paragraph (1)(f) substitute—

“(f)

where the FHSAA is considering an appeal by the ophthalmic medical practitioner or optician against a decision of a Health Authority to refuse to admit him to its list, or to conditionally include him in or to remove or contingently remove him from any list kept by a Health Authority, and if that appeal is successful the Health Authority would be likely to remove the ophthalmic medical practitioner or optician from the Health Authority list if he had been included;”

for paragraph (1)(g) substitute—

“(g)

where the FHSAA is considering an appeal by a body corporate of which the practitioner is, has in the preceding six months been, or was at the time of the originating events a director, against a decision of a Health Authority to refuse to admit the body corporate to its list, or to conditionally include it in or to remove or contingently remove it from any list kept by a Health Authority or equivalent body, and if that appeal is unsuccessful the Health Authority would be likely to remove the practitioner from the list if he had been included”;

in paragraph (1)(k) omit “ophthalmic medical practitioner or optician or a”; and

in paragraph (4) for “shall notify the ophthalmic medical practitioner or optician” to the end, substitute—

• “shall notify the ophthalmic medical practitioner or optician in writing that he must—

  1. (a)

     update his application within 28 days of the date of the notification (or such longer period as the Health Authority may agree);

  2. (b)

     confirm in writing within the period mentioned in sub-paragraph (a) that he wishes to proceed with his application.”.