The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008

Interpretation: Part 3

10.—(1) In this Part—

“the Service Committees Regulations” means the National Health Service (Service Committees and Tribunal) Regulations 1992(1);

“amendments” in respect of any regulation in the Service Committees Regulations means amendments made to that regulation by paragraph 3 of Schedule 1 to this Order;

“appropriate PCT” means the appropriate Primary Care Trust within the meaning of regulation 4(5) of the Service Committees Regulations;

“contracting PCT” means a PCT that has entered into a general ophthalmic services contract with—

(a)

an ophthalmic practitioner who is the subject of the allegation,

(b)

a partnership, where an ophthalmic practitioner who is the subject of the allegation is a partner, or

(c)

a corporate body, where an ophthalmic practitioner who is the subject of the allegation is a director, chief executive or secretary of that body;

“the Performers List PCT” means the PCT (if any) in whose ophthalmic performers list the ophthalmic practitioner’s name appears on 1st August 2008;

“Performers Lists Regulations” means the National Health Service (Performers Lists) Regulations 2004(2);

“relevant contractor” means a party to a general ophthalmic services contract with a contracting PCT, where that contractor is—

(a)

an ophthalmic practitioner who is the subject of the allegation;

(b)

a partnership, where an ophthalmic practitioner who is or was the subject of the allegation is a partner in that partnership; or

(c)

a corporate body, where an ophthalmic practitioner who is or was the subject of the allegation is a director, chief executive or secretary of that body;

“relevant date” means 1st August 2008,

and terms used both in this Part and in the Service Committees Regulations shall bear the same meaning in this Part as they do in those Regulations.

(2) Unless the context otherwise requires, any reference in this Part to—

(a) a numbered regulation is to the regulation bearing that number in the Service Committees Regulations; and

(b) a numbered Schedule is to the Schedule to the Service Committees Regulations bearing that number.

(1)

S.I. 1992/664 was amended by S.I. 1996/703, 1998/674, 2002/2469, 2003/1397, 2004/865, 2005/641 and 2006/562.

(2)

S.I. 2004/585; as amended by S.I. 2004/2694, 2005/502, 893 and 3491, S.I. 2006/835, 1914 and 3185 and S.I. 2008/1187.