The Primary Ophthalmic Services Transitional Provisions Regulations 2008

Entitlement to Contract

4.—(1) Subject to paragraphs (2) and (3), any person whose name is included in the ophthalmic list of a Primary Care Trust, who notifies that Primary Care Trust by 1st July 2008, that he wishes to enter into a contract with it shall be entitled to a contract, subject to the resolution of any dispute about the terms of that contract pursuant to regulation 2(2).

(2) Paragraph (1) shall not apply to any person—

(a) to whom paragraphs 4(1B) to (1D) or 6ZA of Schedule 1 to the 1986 Regulations(1) apply;

(b) who is suspended from that list;

(c) who had been contingently removed from that list or whose inclusion in it was subject to a condition;

(d) who is subject to any inquiry or investigation as to his suitability for inclusion in that list or in the register; or

(e) who was included in that list in error.

(3) Where paragraph (1), but nor paragraph (2), applies to a person, the provisions inserted in the contract about the practise premises and normal hours to be provided by that person under the contract shall be those included in that ophthalmic list in relation to that person under regulation 6(3)(b) and (c) of the 1986 Regulations(2).

(4) Terms used in this regulation and in the 1986 Regulations or the Contract Regulations shall have the same meaning in this regulation as they do in the 1986 Regulations or the Contract Regulations, as the case may be.

(1)

Paragraphs 4(1B) to (1D) and 6ZA were inserted by S.I. 2005/480.

(2)

Regulation 6(3)(b) and (c) was amended by S.I. 2005/480.