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5. If an ophthalmic practitioner would, by reason of paragraphs 2(a) or 4, be included in the ophthalmic performers list of a Primary Care Trust in whose area he will not be party to a scheme to provide primary ophthalmic services on or after the relevant date, but he is, or will be on the relevant date, party to such a scheme in the area of another Trust in whose ophthalmic list his name was—
(a)included immediately before the relevant date, he shall be included on the ophthalmic performers list of that Trust and, if he was immediately before the relevant date included in the ophthalmic list of more than one such Trust, the question of on which ophthalmic performers list his name is to be included in shall be determined in accordance with paragraph 4; or
(b)not included immediately before the relevant date, nor included in the ophthalmic list of any other Trust in whose area he will be party to a scheme to provide primary ophthalmic services on or after the relevant date, he, if wishes to be included in an opthalmic perfomers list, shall apply to be included in the ophthalmic performers list of a Primary Care Trust in whose area he will be party to a scheme to provide primary ophthalmic services on or after the relevant date.
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