Part 8E+WQualifications to practice

Chapter 1E+WConditional inclusion and supplementary lists

106Further provision about regulations under section 105E+W

(1)Regulations under section 105 may require a person (“A”) included in—

(a)an ophthalmic list,

(b)a pharmaceutical list, or

(c)a list under section 86(3) (provision of drugs, medicines or listed appliances),

not to employ or engage a person (“B”) to assist him in the provision of the service to which the list relates unless B is included in a list mentioned in subsection (2).

(2)The lists are—

(a)a list referred to in subsection (1),

(b)a supplementary list,

(c)a list under section 49 or 63,

(d)a list corresponding to a list under section 49 or section 63 and prepared by a Local Health Board by virtue of regulations made under section 103,

F1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(f)a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by [F3NHS England] under or by virtue of the National Health Service Act 2006,]

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed description.

(3)If regulations do so require, they—

(a)need not require both A and B to be included in lists prepared by the same Local Health Board, but

(b)may, in particular, require that both A and B be included in lists prepared by Local Health Boards.