Regulation 41 Grounds for removal from the ophthalmic performers list

England and Wales

(1)

In addition to the grounds in regulation 14(1), F1NHS England must remove an ophthalmic practitioner from the ophthalmic performers list where it becomes aware that—

(a)

in the case of an ophthalmic medical practitioner, regulation 28(1) applies to the ophthalmic practitioner and paragraph (2) of that regulation does not apply; or

(b)

in the case of an optometrist, the ophthalmic practitioner's registration in the register has been suspended F2under section 13F(3)(b), (7) or (13)(b) of the Opticians Act 1989.

F3This is subject to paragraph (1A).

F4(1A)

Paragraph (1)(b) does not apply where a direction that an ophthalmic practitioner’s registration in the register be suspended is made in a health case.

(2)

For the purposes of regulation 14(3)(a), 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.

(3)

In calculating the period of 12 months under regulation 14(7), NHS England must disregard any period during which the ophthalmic practitioner's registration in the register is suspended.

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
F2: Words in reg. 41(1)(b) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 13(a)(i)
F3: Words in reg. 41(1) substituted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 13(a)(ii)
F4: Reg. 41(1A) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 13(b)