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General Ophthalmic Services Regulations (Northern Ireland) 2007

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Removal from ophthalmic list

11.—(1) Where a Board has determined that a contractor—

(a)has died,

(b)in the case of a body corporate, has been dissolved or ceased trading, or

(c)has otherwise ceased from being a doctor, an ophthalmic medical practitioner or optician,

it shall remove his name from the ophthalmic list and except in a case to which sub-paragraph (a) applies, notify him immediately that he has been removed from the list.

(2) Where a Board determines in accordance with the following provisions of this regulation that a contractor whose name has been included for the preceding six months in the ophthalmic list has not during that period provided general ophthalmic services for persons in the area it shall remove his name from the ophthalmic list.

(3) In calculating the period of six months referred to in paragraph (2), a Board shall disregard any period during which the contractor provided no general ophthalmic services by reason only that he was suspended by direction of the Tribunal.

(4) Before making a determination under paragraph (2) relating to a contractor a Board shall —

(a)give him twenty eight days’ notice of its intention to do so;

(b)afford him an opportunity to make representations to the Board in writing or, if he so wishes, orally to a sub-committee which shall be appointed by the Board for the purpose and at least one third of the members of which shall be from a panel nominated by the Local Optical Committee;

(c)consult the Local Optical Committee.

(5) Nothing in this regulation shall prejudice the right of a person to have his name included again in the ophthalmic list.

(6) No determination under this regulation shall be made in respect of any contractor who is called into —

(a)whole-time service in the Armed Forces of the Crown in a national emergency as a volunteer or otherwise; or

(b)compulsory whole-time service in those forces, including service resulting from any reserve liability or any equivalent service by a person liable for whole-time service in those forces,

until six months after the completion of that service.

(7) Any document which is required or authorised to be given to a contractor under this regulation may be given by delivering it to him or by sending it by recorded delivery service to his usual or last known place of business as recorded in the ophthalmic list.

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