Regulation 40 Additional grounds for refusal
England and Wales
In addition to the grounds in regulation 7(2), F1NHS England may refuse to include an ophthalmic practitioner in the ophthalmic performers list if—
in the case of an ophthalmic medical practitioner, regulation 27(1) applies to that ophthalmic practitioner; or
in the case of an optometrist, the ophthalmic practitioner's registration in the register is subject to conditions by virtue of a direction of the Fitness to Practise Committee under section 13F (powers of the fitness to practise committee), 13I (power to order immediate suspension etc. after a finding of impairment of fitness to practise) or 13L (interim orders) of the Opticians Act 1989 M1 or the ophthalmic practitioner is the subject of an order imposed by the Fitness to Practise Committee under section 13H (financial penalty order) of that Act M2.
For the purposes of regulation 7(2)(e), the date prescribed in this Part is 1st April 2005 or, if the ophthalmic practitioner had been included in an ophthalmic list, 14th December 2001.
Annotations
Textual amendments
- F1
Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
Marginal citations
- M1
Sections 13F, 13I and 13L were inserted by S.I. 2005/848.
- M2
Section 13H was inserted by S.I. 2005/848.