The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1996

Payments to suspended contractors

7.  After regulation 13 of the principal Regulations insert the following new regulation:—

“Payments to contractors suspended by direction of the Tribunal

13A.— (1) A Board shall make payments to any contractor who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.

(2) The Secretary of State shall make the determination in accordance with paragraphs (3) and (4) after consultation with the organisations referred to in regulation 10(1), and it shall be published with the Statement there referred to.

(3) Subject to paragraph (4), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, the suspended contractor receives payments at a rate corresponding to his remuneration by virtue of regulation 10 during the 12 months ending with the direction for suspension by the Tribunal.

(4) The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.

(5) In a case to which section 32B(3) of the Act applies, the determination shall provide for the amount by which a suspended contractor’s payments are to be reduced to take account of any payments which he receives for providing general ophthalmic services other than as a principal.

(6) Regulation 10(2) shall apply to determinations under this regulation as it applies to determinations under that regulation.

(7) Regulation 13(3) shall apply to payments made under this regulation as it applies to payments made under that regulation.”.