The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) (Wales) Regulations 2006

Amendment of regulation 7B

27.  Regulation 7B(1) of the Ophthalmic Regulations (deferment of decisions) is amended as follows—

(a)for sub-paragraphs (a) and (b) substitute the following sub-paragraphs—

(a)where there are in respect of him or her—

(i)criminal proceedings in the United Kingdom, or

(ii)proceedings elsewhere in the world relating to conduct, which if it had occurred in the United Kingdom, would constitute a criminal offence,

which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to the removal of the ophthalmic medical practitioner or optician from its ophthalmic list, if he or she were to be included in it;

(b)where there are, in respect of a body corporate of which he or she is, has in the preceding six months been, or was at the time of the originating events, a director—

(i)criminal proceedings in the United Kingdom, or

(ii)proceedings elsewhere in the world relating to conduct, which if it had occurred in the United Kingdom, would constitute a criminal offence,

which if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to the removal of the ophthalmic medical practitioner or optician from its ophthalmic list, if he or she were to be included in it;

(bb)in the case of a corporate optician, where there are in respect of any of its directors—

(i)criminal proceedings in the United Kingdom, or

(ii)proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,

which if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to that body’s removal from its ophthalmic list, if it were to be included in it;;

(b)for sub-paragraph (h) substitute the following sub-paragraph—

(h)where the ophthalmic medical practitioner or optician is being investigated by the NHS Counter Fraud and Security Management Service in relation to any fraud, and the result, if adverse, would be likely to lead to his or her removal from the Local Health Board’s ophthalmic list, if he or she were to be included in it;; and

(c)in sub-paragraph (i), omit the words “by the National Health Service Counter Fraud Service” and “case”.