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

Notification

16.—(1) Where a Primary Care Trust decides to—

(a) refuse to admit an ophthalmic medical practitioner or optician to its supplementary list on the grounds specified in regulation 6;

(b) impose conditions on his inclusion in that list under regulation 8;

(c) remove him from that list under regulation 10;

(d) remove him from that list contingently under regulation 12; or

(e) suspend him from that list under regulation 13,

it shall notify the persons or bodies specified in paragraph (2) and shall additionally notify those specified in paragraph (3), if requested to do so by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4).

(2) Where paragraph (1) applies, a Primary Care Trust shall notify, within 7 days of that decision—

(a) the Secretary of State;

(b) any Primary Care Trust or equivalent body that, to the knowledge of the notifying Trust—

(i) has the ophthalmic medical practitioner or optician on any list or equivalent list,

(ii) is considering an application for inclusion in any list or equivalent list by the ophthalmic medical practitioner or optician, or

(iii) has in its area any place where the ophthalmic medical practitioner or optician assists in the provision of general ophthalmic services;

(c) the Scottish Executive;

(d) the National Assembly for Wales;

(e) the Northern Ireland Executive;

(f) the General Medical Council, General Optical Council or any other appropriate regulatory body;

(g) the NCAA; and

(h) where it is a fraud case, the NHS Counter Fraud and Security Management Service.

(3) The persons or bodies to be additionally notified in accordance with paragraph (1) are—

(a) persons or bodies that can establish that they—

(i) are or were employing the ophthalmic medical practitioner or optician, are using or have used his services, or

(ii) are considering employing or using his services in a professional capacity; and

(b) a partnership any of whose members provide or assist in the provision of general ophthalmic services and can establish that the ophthalmic medical practitioner or optician is or was a member of the partnership or that it is considering inviting him to become such a member.

(4) The matters referred to in paragraph (1) are—

(a) name, address and date of birth of the ophthalmic medical practitioner or optician;

(b) his professional registration number;

(c) date and copy of the decision of the Primary Care Trust; and

(d) a contact name of a person in the Trust for further enquiries.

(5) The Primary Care Trust shall send to the ophthalmic medical practitioner or optician concerned a copy of any information about him provided to the persons or bodies listed in paragraph (2) or (3), and any correspondence with that person or body relating to that information.

(6) Where the Primary Care Trust has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any evidence that was considered, including any representations from the ophthalmic medical practitioner or optician.

(7) Where a Primary Care Trust is notified by the FHSAA that it has imposed a national disqualification on an ophthalmic medical practitioner or optician who was, or had applied to be, included in its supplementary list, it shall notify the persons or bodies listed in paragraph (2)(b), (g) and (h) and paragraph (3).

(8) Where a decision is changed on review or appeal, or a suspension lapses, the Primary Care Trust shall notify the persons or bodies that were notified of the original decision of the later decision or the fact that that suspension has lapsed.