The National Health Service (Performers Lists) Amendment and Transitional Provisions Regulations 2008

Enhanced criminal record certificates

11.—(1) Where an ophthalmic practitioner’s name has been included in a ophthalmic performers list of a Primary Care Trust pursuant to this Schedule, and—

(a) it has not received an enhanced criminal record certificate under section 113B of the Police Act 1997(1) relating to him; and

(b) the Secretary of State directs that the Primary Care Trust shall require such a certificate from any ophthalmic practitioner whose name is included in its ophthalmic performers list,

the ophthalmic practitioner shall, within 3 months of the Primary Care Trust notifying him of that requirement, provide that certificate to it.

(2) When sub-paragraph (1)(b) applies, the Primary Care Trust shall write to each such ophthalmic practitioner informing him that he is now under a duty to—

(a) provide it with such a certificate; and

(b) do so within the period of 3 months beginning with the date of that letter,

and, subject to sub-paragraph (3), if the ophthalmic practitioner has not provided it with such a certificate within that time, it shall remove him from its ophthalmic performers list.

(3) The Primary Care Trust—

(a) shall extend the period prescribed in sub-paragraph (1), if the Secretary of State directs that an extension should be required in relation to all such cases or in such categories of case as he may set out in the directions; and

(b) may, if it thinks it is not reasonably practicable for that ophthalmic practitioner to provide it with such a certificate within the period of 3 months, beginning with the date of the letter under sub-paragraph (2), as extended by reason of any direction to which paragraph (a) above applies, extend that period for such time as it considers appropriate in the circumstances of the case,

and shall notify that ophthalmic practitioner of that extension of time.

(1)

1997 c.50; section 113B was inserted by the Serious Organised Crime and Police Act 2005, s.163(2) and amended by the Safeguarding Vulnerable Groups Act 2006, s 63(1) and Schedule 9 and the Armed Forces Act 2006 s. 378(1) and Schedule 16.