Regulation 13 Insertion of new regulation 43

After regulation 42, insert—

“Additional provisions relating to applications for inclusion in, refusals of admission to and removals from an ophthalmic performers list

43.

(1)

For the purposes of regulations 4(8), 6(4A), 11(9) and 35A, a performer is a person to whom this regulation applies if—

(a)

in the case of a refusal to admit to a list, paragraph (2) applies; and

(b)

in the case of a removal from a list, paragraph (3) applies.

(2)

This paragraph applies where the performer has not been included in an ophthalmic list and—

(a)

has been convicted in the United Kingdom of a criminal offence committed before 1st April 2005 and has been sentenced to a term of imprisonment of over six months;

(b)

has applied for admission to an ophthalmic performers list kept by a Primary Care Trust; and

(c)

has been refused admission to the list solely on the grounds that—

(i)

a criminal offence was committed before 1st April 2005 and the performer had been sentenced to a term of imprisonment of over six months, and

(ii)

at the time of the refusal, the date prescribed by regulation 40(3) for the purposes of regulation 6(2)(d) required the Primary Care Trust concerned to refuse to include the performer in its ophthalmic performers list.

(3)

This paragraph applies where the performer has not been included in an ophthalmic list and—

(a)

has been convicted in the United Kingdom of a criminal offence committed before 1st April 2005 and has been sentenced to a term of imprisonment of over six months;

(b)

was on an ophthalmic performers list kept by a Primary Care Trust; and

(c)

was removed from that ophthalmic performers list solely on the grounds that—

(i)

the criminal offence was committed before 1st April 2005 and the performer had been sentenced to a term of imprisonment of over six months, and

(ii)

at the time of the removal, the date prescribed by regulation 41(2) for the purposes of regulation 10(1)(b) required the Primary Care Trust concerned to remove that performer from its ophthalmic performers list.”.