The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

Contingent removal

12.—(1) In an efficiency case or a fraud case the Primary Care Trust may, instead of deciding to remove an ophthalmic medical practitioner or optician from its supplementary list, decide to remove him contingently and regulation 10(12) and (13) shall apply to that decision.

(2) If it so decides, it must impose such conditions as it may decide on his inclusion in its supplementary list with a view to—

(a) removing any prejudice to the efficiency of the services in question (in an efficiency case); or

(b) preventing further acts or omissions (in a fraud case).

(3) Where the Primary Care Trust decides to contingently remove an ophthalmic medical practitioner or optician under paragraph (1), that decision shall not take effect until—

(a) the end of a period of 28 days starting with the day on which the Primary Care Trust reaches its decision; or

(b) any appeal is disposed of by the FHSAA,

whichever is the later.

(4) If the Primary Care Trust determines that the ophthalmic medical practitioner or optician has failed to comply with a condition, it may decide to—

(a) vary the conditions imposed;

(b) impose new conditions; or

(c) remove him from its supplementary list.