The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

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Application for inclusion in Ophthalmic List and notification of changesS

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7.—(1) An ophthalmic medical practitioner or optician who wishes to be included in the Ophthalmic List of a Board shall submit to that Board a written application to that effect, which shall state whether the applicant is an ophthalmic medical practitioner, a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989, or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist, and whether the applicant wishes to be included in the first part of the Ophthalmic List, or in the second part of that list, and shall include–

(a)in the case of an application to be included in the first part of that list an undertaking to provide general ophthalmic services and to comply with the terms of service;

(b)in the case of an application to be included in the second part of that list, an undertaking to comply with paragraphs 1, 2, [F13, 3A], 4(2), 8(1) and (2), 12, [F213(4) and (4A)], and 14 of the terms of service.

(c)the information, as respect the matters specified in regulation 6(3) or (4) (as the case may be), which it is proposed shall be contained in the Ophthalmic List;

(d)in the case of an application to be included in the first part of that list, the information, certificates, [F3applications for such certificates as the case may be] [F4, disclosure requests, disclosure records,] undertakings, consents and declarations set out in Part A of Schedule 2; or

(e)in the case of an application to be included in the second part of that list, the information, certificates, [F5applications for such certificates as the case may be] [F6, disclosure requests, disclosure records,] undertakings, consents and declarations set out in Part B of Schedule 2.

[F7(1A) An application may specify other Boards on whose Ophthalmic List the applicant wishes to be included and such an application shall include an undertaking to provide general ophthalmic services and comply with the terms of service in the areas of the Boards so specified.]

[F8(1B) An application shall, in the case of an application by an optician that is a body corporate, be signed by all the directors of that body corporate.]

[F9(2) An optician or ophthalmic medical practitioner who is included in a Board’s Ophthalmic List shall—

(a)notify the Board in writing if there is a change to any of the information which that optician or ophthalmic medical practitioner has provided in terms of regulation 7(1) together with that changed information within 7 days of the occurrence of the relevant change;

(b)supply any declarations, certificates, applications, [F10disclosure requests, disclosure records,] undertakings and consents either at the same time as it supplies the information in terms of sub-paragraph (a) or by such date as the Board may determine, if the change to the information is such that, had the information been part of an application it would have required any of the declarations, certificates, applications, [F10disclosure requests, disclosure records,] undertakings and consents required by regulation 7(1) to be supplied;

(c)[F11if the optician or ophthalmic medical practitioner is included in the Ophthalmic List of more than one Board, send the notification and information referred to in sub‑paragraph (a) to each Board on whose Ophthalmic List that optician or ophthalmic medical practitioner is included, and—

(i)to the Board in whose area the optician or ophthalmic medical practitioner derives most income from general ophthalmic services: the original declarations, certificate or application, disclosure record and disclosure request, undertakings and consents required in terms of sub-paragraph (b); and

(ii)a copy of such originals to each other Board on whose Ophthalmic List that optician or ophthalmic medical practitioner is included.]]

(3) Before determining an application submitted under paragraph (1), a Board shall–

(a)check the information provided by the applicant and any documents which the applicant is required to produce in terms of these Regulations;

(b)[F12examine references obtained from the referees, the names and addresses of whom] the applicant has provided in accordance with paragraph l(l) of Part A, or 1(g) of Part B, of Schedule 2; F13...

(c)check with the Agency whether the applicant has any record of fraud, or is currently, or at any time has been, the subject of any investigation by the Agency, which information the Agency shall supply unless it would prejudice any criminal proceedings or the prevention, detection or investigation of fraud[F14; F15...

(d)notify any other Boards on whose Ophthalmic List the applicant wishes to be included on the application][F16; F17...

(e)obtain any enhanced criminal record certificate required in respect of the application if such certificate was not included with the application][F18; and

(f)obtain any disclosure record it requires in respect of the application.]

(4) If a Board considers that further information or documents, in addition to the documents, information and undertakings provided by the applicant in accordance with paragraph (1), are necessary to determine the applicant's application, the Board shall require the applicant to provide such further information or documents as are necessary before the Board shall determine an application in accordance with this regulation.

[F19(4A) If a Board considers that it requires to meet with—

(a)the applicant; or

(b)where the applicant is an optician that is a body corporate, any of its directors,

in order to properly determine the application, it shall require the applicant or director as the case may be, to attend a meeting at a reasonable time and place to discuss the application, and the applicant or director as the case may be shall comply with such a request.

(4B) A Board may, if it considers that the proposed practice premises of an applicant should be inspected, inspect such premises.

(4C) Where the proposed practice premises of an applicant have never been inspected by a Board, it shall inspect the proposed practice premises before determining the application.

(4D) Any inspection made pursuant to paragraphs (4B) or (4C) shall be made no later than 14 days after the date of receipt of the application.

(4E) Following any inspection made pursuant to paragraphs (4B) or (4C), a Board may specify that the applicant shall carry out such work within a reasonable period of time in order to comply with the provisions of paragraph 6 of Schedule 1.]

(5) Where information about an applicant's previous conviction, including information disclosed by means of an enhanced criminal record certificate [F20or disclosure record], or any other information or documents disclosed or provided to, or the investigations carried out by, the Board in terms of this regulation lead the Board to consider that there may be grounds for referral to the Tribunal then the Board may refer the matter to the Tribunal.

(6) In the case of an application to a Board by a ophthalmic medical practitioner or optician who is included in either part of the Ophthalmic List for inclusion in the other part of that list, that person shall only be required to provide the information required by paragraphs (1), (2[F21),] (3) and (4) insofar as–

(a)that person has not already supplied such information to that Board; or

(b)the information has changed since it was provided.

(7) Any person who is not an optician, but expects to become so on successful completion of that person's training, may make an application to a Board to be included in either part of its Ophthalmic List not more than 4F22... months before that person anticipates being registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.

(8) An application under paragraph (7) shall contain–

(a)all information, certificates, [F23applications for such certificates as the case may be] [F24, disclosure requests, disclosure records,] undertakings, consents and declarations mentioned in paragraph (1), except that required by sub paragraphs 1(b) and (c) and 3 of Part A, or paragraphs 1(b) and (c) and 3 of Part B of Schedule 2;

(b)the undertakings and consents required by Schedule 2; and

(c)any declaration required under Schedule 2.

(9) In the application of these Regulations to any application under paragraph (7), any reference to an optician shall be taken as being a reference to an applicant under paragraph (7).

(10) An applicant under paragraph (7) shall provide the information required by paragraphs 1(b) and (c) and 3 of Part A, or 1(b) and (c) and 3 of Part B, of Schedule 2 as soon as the applicant has been notified by the General Optical Council that the applicant has been admitted to the register, and the Board shall then, provided–

(a)the requirements of paragraphs (7) and (8) have been complied with;

(b)the Board has not sought further information, references or documentation under regulation 7(4); and

(c)the Board has not deferred the application under [F25regulation 9],

decide the application within 7 days of receiving the information required under paragraphs 1(b)(c) and 3 of Part A, or 1(b)(c) and 3 of Part B, of Schedule 2.

[F26(11) Where an applicant for inclusion in a Board’s Ophthalmic List is already included on another Board’s Ophthalmic List and has specified such inclusion in the application, notwithstanding paragraphs (1), (3) and (6), the Board to which the application has been made may add the applicant to its Ophthalmic List without further enquiry.]

[F27(12) An optician or ophthalmic medical practitioner who has made an application for inclusion in a Board’s Ophthalmic List shall notify the Board that is considering the application in writing if there is a change to any of the information which that optician or ophthalmic medical practitioner has provided in terms of this regulation as soon as such change occurs.]

Textual Amendments

F1Words in reg. 7(1)(b) substituted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 4

F2Words in reg. 7(1)(b) substituted (1.4.2019) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 5

F3Words in reg. 7(1)(d) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(3)(a)

F4Words in reg. 7(1)(d) inserted (28.2.2011) by The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(3)(a) (with reg. 4)

F5Words in reg. 7(1)(e) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(3)(a)

F6Words in reg. 7(1)(e) inserted (28.2.2011) by The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(3)(a) (with reg. 4)

F7Reg. 7(1A) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(a)

F8Reg. 7(1B) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(3)(b)

F9Reg. 7(2) substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(3)(c)

F10Words in reg. 7(2)(b) inserted (28.2.2011) by The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(3)(b) (with reg. 4)

F11Reg. 7(2)(c) substituted (28.2.2011) by The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(3)(c) (with reg. 4)