United Kingdom Statutory Instruments

     " proceedings in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,";

(b) in paragraph (1)(b) for the words from "legal proceedings" to "in the United Kingdom" substitute - 

     " proceedings against a body corporate of which the ophthalmic medical practitioner or optician is, has in the preceding six months been, or was at the time of the originating events a director, in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,";

(c) in paragraph (1)(c) for "successful" substitute "adverse";

(d) for paragraph (1)(f) substitute - 

" (f) where the FHSAA is considering an appeal by the ophthalmic medical practitioner or optician against a decision of a Health Authority to refuse to admit him to its list, or to conditionally include him in or to remove or contingently remove him from any list kept by a Health Authority, and if that appeal is successful the Health Authority would be likely to remove the ophthalmic medical practitioner or optician from the Health Authority list if he had been included;"

(e) for paragraph (1)(g) substitute - 

" (g) where the FHSAA is considering an appeal by a body corporate of which the practitioner is, has in the preceding six months been, or was at the time of the originating events a director, against a decision of a Health Authority to refuse to admit the body corporate to its list, or to conditionally include it in or to remove or contingently remove it from any list kept by a Health Authority or equivalent body, and if that appeal is unsuccessful the Health Authority would be likely to remove the practitioner from the list if he had been included";

(f) in paragraph (1)(k) omit "ophthalmic medical practitioner or optician or a"; and

(g) in paragraph (4) for "shall notify the ophthalmic medical practitioner or optician" to the end, substitute - 

" shall notify the ophthalmic medical practitioner or optician in writing that he must - 

(a) update his application within 28 days of the date of the notification (or such longer period as the Health Authority may agree);

(b) confirm in writing within the period mentioned in sub-paragraph (a) that he wishes to proceed with his application.".

(i) omit "on any of its lists",

(ii) after "is a director," insert "on any of its lists";

(b) for paragraph (16) substitute - 

(i) after "included" insert "in",

(ii) for "what the facts were" to the end, substitute - 

     " the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;";

(c) in paragraph (2)(h) - 

(i) after "included" insert "in",

(ii) for "or is currently suspended from such lists" to the end, substitute - 

     " and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and";

(d) after paragraph (2)(h) add - 

" (i) whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.";

(e) in paragraph (3) for "paragraph 6" substitute "paragraph 7";

(f) for paragraph (4)(b) substitute - 

     " the length of time since the last incident of fraud occurred, and since any investigation into that incident of fraud was concluded;";

(g) in paragraph (4)(e) for "the investigation" substitute "any investigation into the incident of fraud";

(h) in paragraph (4)(f) - 

(i) after "included" insert "in",

(ii) for "what the facts were" to the end, substitute - 

     " the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;";

(i) in paragraph (4)(g) - 

(i) after "included" insert "in",

(ii) for "or is currently suspended from such lists" to the end, substitute - 

     " and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and";

(j) after paragraph (4)(g) add - 

" (h) whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.";

(k) in paragraph (5) for "paragraph 6" substitute "paragraph 7";

(l) in paragraph (6)(a) for "it" substitute "any incident";

(m) for paragraph (6)(b) substitute - 

" (b) the length of time since the last such incident occurred, and since any investigation into that incident was concluded;";

(n) in paragraph (6)(d) for "the incident" substitute "any incident";

(o) in paragraph (6)(g) - 

(i) after "included" insert "in",

(ii) for "what the facts were" to the end, substitute - 

     " the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;";

(p) in paragraph (6)(h) - 

(i) after "included" insert "in",

(ii) for "or is currently suspended from such lists" to the end, substitute - 

     " and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and";

(q) after paragraph (6)(h) add - 

" (i) whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.".

" (b) is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which is the equivalent of being bound over or cautioned;".

" (vi) it is to his knowledge, or has been where the outcome was adverse, subject to any investigation by the National Health Service Counter Fraud Service in relation to a fraud case,".