{
  "url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008/regulation-11",
  "json_url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008/regulation-11.json",
  "legislation": "uksi/2008/1700",
  "legislation_title": "The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008",
  "legislation_url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4)",
  "text": "(1) Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a PCT receives, or has received, information that could amount to an allegation that an ophthalmic practitioner had failed to comply with the terms of service and—\n(a) that PCT, or its reference committee, has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and\n(b) any time limit specified in regulation 6 has not expired,\nparagraph (2) shall apply.\n(2) Where this paragraph applies, the PCT shall—\n(a) if it is the appropriate PCT, continue to be the appropriate PCT for the purposes of the Service Committees Regulations, and consider and take such action as it sees fit pursuant to the Service Committees Regulations, subject to regulation 14 of these Regulations, as if the amendments to regulations 2 to 6 and 10 and Schedules 2 and 4 had not taken effect; or\n(b) if it is not the appropriate PCT, forward the information to the appropriate PCT as soon as is reasonably practicable, and that PCT shall consider the information received and take such action as it sees fit pursuant to the Service Committees Regulations, as if the amendments to regulations 2 to 6 and 10 and Schedules 2 and 4 had not taken effect.\n(3) If the appropriate PCT, or its reference committee, decides to refer the matter to another PCT (PCT B) in accordance with regulation 4(2)(a) or (7) (that is for investigation under regulation 5(1))—\n(a) PCT (B) shall investigate the matter and report to the appropriate PCT as if the amendments to regulations 2 to 10 and Schedules 2 and 4 had not taken effect; and\n(b) the appropriate PCT shall be entitled, subject to regulation 14 of these Regulations, to take any action it could have taken pursuant to the Service Committees Regulations as if those amendments had not taken effect.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1700/regulation/11",
    "retrieved_at": "2026-10-29T03:29:05.275462+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}