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

Revocation, savings and transitional provisions S

26.—(1) Subject to paragraphs (2) and (3), the regulations specified in Schedule 6 (“ the revoked Regulations”) are hereby revoked.

(2) In respect of any general ophthalmic services provided under the revoked Regulations for which arrangements were made before 1st April 2006, payments shall be made as though the revoked Regulations and determinations made under them and in force on 31st March 2006 continue to be in force.

(3) The first part of a Board's Ophthalmic List on 1st April 2006 shall be deemed to include the name of any person whose name was included in the Ophthalmic List of that Board kept under regulation 6 (Ophthalmic List) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 M1 (“the previous Ophthalmic List”) on 31st March 2006, together with all the information relating to that person which is contained in the previous Ophthalmic List.

(4) Any action taken by or on behalf of a Board prior to 1st April 2006 in relation to its previous Ophthalmic List, (or in relation to the persons or entries thereon), shall have effect on and after 1st April 2006 as if such action had been taken by that Board in relation to the first part of the Ophthalmic List maintained by that Board on 1st April 2006 or in relation to the persons or entries thereon.

(5) Any action taken by or on behalf of any other person prior to 1st April 2006 in relation to the previous Ophthalmic List of a Board (or in relation to the persons or entries thereon) shall have effect on and after 1st April 2006 as if such action had been taken in relation to the first part of the Ophthalmic List maintained by that Board on 1st April 2006 or in relation to the persons or entries thereon.

(6) Any person whose name is deemed to be included in the Ophthalmic List of a Board in terms of paragraph (3) shall no later than 30th June 2006–

(a) submit to the Board an enhanced criminal certificate in relation to himself or herself or, where the optician is a body corporate carrying on business as an optometrist, in relation to each director of or person controlling that body corporate, dated not earlier than 28 days before the date of submission to the Board; and

(b) provide the Board with the declarations specified in Part C of Schedule 2; and

(c) consent in writing to a request being made by the Health Board to the Agency, any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere for information relating to a current investigation, or an investigation where the outcome was adverse, into that person or a body corporate referred to in Part C of Schedule 2, and for the purposes of this paragraph “employer” includes any partnership of which that person is, or was, a member.

(7) The Health Board may extend the period prescribed in [F1 paragraph] (6) for such time as it considers appropriate in the circumstances of the case if it thinks it is not reasonably practicable for that ophthalmic medical practitioner or optician to provide it with such certificates, declarations and consent within the prescribed period.

(8) Any person who wishes to be included in the second part of a Board's Ophthalmic List shall be entitled to assist in the provision of general ophthalmic services in the Board's area without that person's name being included in that list until 30th June 2006, provided that that person is an ophthalmic medical practitioner or optician.

Textual Amendments

F1 Word in reg. 26(7) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(14)

Marginal Citations

M1 S.I. 1986/965; regulation 6 was substituted by S.I. 1988/543, 1991/534, 1996/843, 1999/725, S.S.I. 1999/55, 2001/62, 2004/36, and 2004/169.