- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2013)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 03/02/2014
Point in time view as at 01/07/2013.
There are currently no known outstanding effects for the The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006.
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Regulations 2(1) and 18
1. In this Schedule–
(a)the expression “the regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006;
(b)any reference to a numbered regulation is a reference to the regulation bearing that number in the regulations;
(c)any reference to a numbered paragraph is a reference to the paragraph bearing that number in this Schedule, and any reference in a paragraph to a numbered sub paragraph is a reference to the sub paragraph bearing that number in that paragraph;
(d)other words and expressions have the same meaning as in the Regulations.
2. Any provisions of the following affecting the rights and obligations of contractors and ophthalmic medical practitioners and opticians assisting in the provision of general ophthalmic services shall form part of the terms of service–
(a)the regulations;
(b)the National Health Service (Tribunal) (Scotland) Regulations 2004 M1;
(c)so much of [F1the National Health Service (Discipline Committees) (Scotland) Regulations 2006] as relates to–
(i)the investigation of questions arising between ophthalmic medical practitioners or opticians and their patients, other investigations to be made by a discipline committee and the action which may be taken by the Board as a result of such investigations, including the withholding of remuneration where there has been a breach of the terms of service;
(ii)appeal to the Scottish Ministers from decisions of the Board;
(iii)the investigation of the excessive–
(aa)undertaking of eye examinations;
(bb)issuing of optical vouchers;
(cc)prescribing of supplements;
(d)regulation 9 of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 M2;
(e)the Statement;
(f)the General Optical Council's Rules Relating to Injury of the Eye; F2...
(g)the College of Optometrist's Code of Ethics and Guidance for Professional Conduct [F3; and
(h)the Patient Rights (Scotland) Act 2011 and any regulations or directions made under that Act, so far as relevant to contractors and ophthalmic medical practitioners and opticians as providers of services under the health service.]
Textual Amendments
F1Words in sch. 1 para. 2(c) substituted (1.7.2006) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/329), regs. 1, 2(3)
F2Word in sch. 1 para. 2(f) omitted (1.4.2012) by virtue of The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 3(3)(a)
F3Sch. 1 para. 2(h) and word inserted (1.4.2012) by The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 3(3)(b)
Marginal Citations
M1S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.
M2S.I. 1998/642. Regulation 9 was amended by S.I. 1999/748.
3.—(1) Except in the case of a body corporate, an ophthalmic medical practitioner or optician providing, or assisting in the provision of, general ophthalmic services shall undertake a course of training in the use of slit lamp biomicroscopy, condensing lens biomicroscopy, applanation tonometry and threshold visual fields from a training provider approved by NHS Education for Scotland and shall provide to the Board a certificate from the provider of that training that that person has completed the training satisfactorily
(2) Except in the case of a body corporate, any application for inclusion in the Ophthalmic List must be accompanied by such a certificate.
(3) Except in the case of a body corporate, in the case of any person to whom regulation 26(6) applies, that person shall provide such a certificate to the Board no later than 30 June 2006, or by such later date as the Board considers appropriate in the circumstances of the case if it thinks it is not reasonably practicable for that person to provide such certificate by 30 June 2006
4.—(1) Subject to sub paragraph (2), a contractor shall provide general ophthalmic services or cause such services to be provided by an ophthalmic medical practitioner or optician who assists in the provision of general ophthalmic services [F4at the addresses of all the practice premises which are] included in relation to the contractor in the Ophthalmic List.
(2) An ophthalmic medical practitioner or optician on the Ophthalmic List may, where requested to do so by or on behalf of a patient, who is–
(a)unable to leave home unaccompanied because of physical or mental illness or disability, agree to provide general ophthalmic services or assist in the provision of general ophthalmic services at the place at which the patient normally resides; or
(b)attending a day centre, agree to provide general ophthalmic services or assist in the provision of general ophthalmic services at that day centre.
Textual Amendments
F4Words in sch. 1 para. 4(1) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(a)
5.—(1) In the case of a mobile practice, a contractor shall give the Board notice in accordance with sub paragraph (2) of any visits which the contractor or an ophthalmic medical practitioner or optician who assists that contractor in the provision of general ophthalmic services intends to make to provide general ophthalmic services to at least three persons at day centres or in residential centres in the Board's area.
(2) The contractor shall notify the Board at least one month in advance of the month in which the contractor or an ophthalmic medical practitioner or optician who assists that contractor in the provision of general ophthalmic services intends to visit any establishment in the Board's area and of the intervals at which the contractor intends that return visits shall be made.
6.—[F5(1) Subject to sub-paragraph (2), a contractor shall provide proper, sufficient and appropriate premises, equipment and procedures for the provision of general ophthalmic services at the practice premises.
(2) A contractor who provides general ophthalmic services at a mobile surgery shall provide proper, sufficient and appropriate mobile surgery equipment and procedures for the provision of general ophthalmic services.]
(3) Subject to sub paragraph (4), a contractor, on receipt of a written request from the Board, shall admit at all reasonable times for the purposes of inspecting such accommodation or equipment and reviewing procedures an ophthalmic officer or any authorised officer of the Scottish Ministers or the Board or member of the Board.
(4) In the case of a mobile practice, the contractor, on receipt of a written request from the Board to do so, shall arrange for an ophthalmic officer or any authorised officer of the Scottish Ministers or the Board or member of the Board to be allowed to inspect at a reasonable time the facilities and equipment that the contractor or an ophthalmic medical practitioner or opticians who assists the provider in the provision of general ophthalmic services uses.
Textual Amendments
F5Sch. 1 para. 6(1)(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(9)(a)
7. A contractor shall secure that at each place at which the contractor provides general ophthalmic services or an ophthalmic medical practitioner or optician assists the contractor in the provision of general ophthalmic services there is prominently displayed [F6notices and leaflets] supplied or approved by the Board [F7or the Agency], indicating the services available under general ophthalmic services and indicating to which descriptions of the contractor's patients a payment may be made under the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998.
Textual Amendments
F6Words in sch. 1 para. 7 substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(b)(i)
F7Words in sch. 1 para. 7 inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(b)(ii)
8.—(1) A contractor or ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services shall keep proper, complete, accurate and up-to-date records in respect of each patient to whom general ophthalmic services are provided, giving appropriate details of eye examinations carried out.
(2) A contractor or ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services may keep the records referred to in sub paragraph (1) in computerised form.
(3) A contractor shall retain all such records for a period of 7 years.
(4) A contractor shall, when requested to do so by any authorised officer of the Scottish Ministers, the Agency or the Board during the period in which the contractor is required to retain such records–
(a)produce them to such authorised officer of the Scottish Ministers, the Agency or the Board; or
(b)send them to such authorised officer of the Scottish Ministers, the Agency or the Board within such period as may be specified by the authorised officer not being less than 14 days from the date of request.
9.—(1) [F8An ophthalmic medical practitioner or optician may arrange for eye examinations to be carried out on his or her behalf by another ophthalmic medical practitioner or optician], provided that such other ophthalmic medical practitioner or optician is included in the Ophthalmic List of the Board for the area in which such eye examinations are to be carried out.
(2) Any contractor who makes an arrangement for the regular provision of services by a deputy in terms of [F9sub-paragraph] (1) shall notify the Board of the arrangements.
Textual Amendments
F8Words in sch. 1 para. 9(1) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(c)(i)
F9Word in sch. 1 para. 9(2) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(c)(ii)
10.—F10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An optician [F11or ophthalmic medical practitioner] who employs a person to carry out eye examinations shall employ only–
(a)another optician [F12or ophthalmic medical practitioner] on the Ophthalmic List of the Board for the area in which such eye examinations are to be carried out; or
(b)a person acting under his [F13or her] continuous personal supervision who is authorised to carry out eye examinations by rules made under section 24(3) of the Opticians Act 1989.
(3) Any contractor who makes an arrangement for the regular provision of services by an employee in terms of [F14sub-paragraphs] (1) or (2) shall notify the Board of the arrangement.
(4) In this paragraph “employee” includes, in the case of a body corporate, a director and “employ” is to be interpreted accordingly.
Textual Amendments
F10Sch. 1 para. 10(1) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(i)
F11Words in sch. 1 para. 10(2) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(ii)
F12Words in sch. 1 para. 10(2)(a) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(iii)
F13Words in sch. 1 para. 10(2)(b) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(iv)
F14Word in sch. 1 para. 10(3) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(v)
11. A contractor must have arrangements in place which operate in accordance with section 15 of the Patient Rights (Scotland) Act 2011, and any regulations or directions made under that Act.]
Textual Amendments
12.—(1) A contractor or an ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services shall cooperate with any investigation of a complaint by the Board in accordance with the procedures which it operates in accordance with [F16section 15 of the Patient Rights (Scotland) Act 2011], whether the investigation follows one under the contractor's complaints procedure or not.
(2) The co operation required by sub paragraph (1) includes–
(a)answering questions reasonably put to the contractor by the Board;
(b)providing any information relating to the complaint reasonably required by the Board; and
(c)attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given), if the contractor's presence or the presence of an ophthalmic medical practitioner or optician who assists that contractor in the provision of general ophthalmic services at the meeting is reasonably required by the Board.
Textual Amendments
F16Words in sch. 1 para. 12 substituted (1.4.2012) by The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 3(5)
13.—(1) Any claim by a contractor for fees in respect of the provision of general ophthalmic services shall be made by completing or securing the completion of an eye examination form and sending it to the Agency within 6 months after the date of completion of such provision of the services.
(2) Any such claim shall be signed–
(a)if the service was provided on behalf of a contractor by a deputy or employee who is also a contractor, by the deputy or employee who shall give the name of the contractor on whose behalf the service was provided;
(b)if the service was provided on the contractor's behalf by a person whose name is included in the second part of the Ophthalmic List by the person who assisted in the provision of general ophthalmic services who shall also give the name of the contractor on whose behalf the service was provided; and
(c)in other cases by the contractor.
(3) A signatory shall sign any such claim in ink with his or her initials or forename and with his or her surname in his [F17or her] own handwriting and not by means of a stamp.
(4) Where an eye examination is undertaken by an ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services that ophthalmic medical practitioner or optician shall complete a claim for remuneration in respect of that eye examination which–
(a)is separate from any claim form in respect of eye examinations given by the contractor personally; and
(b)identifies the ophthalmic medical practitioner or optician who undertook the eye examination and his or her status as an ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services.
(5) Except as provided in the regulations, in the Statement, or in the National Health Service (Charges for Overseas Visitors) (Scotland) Regulations 1989 M3, or in sub paragraph (6), a contractor shall not demand or accept or cause to be demanded or accepted from any patient or from other persons the payment of any fee or other remuneration in respect of the provision of general ophthalmic services.
(6) A contractor shall be entitled to demand and recover from a patient or person having charge of a patient a sum in respect of loss of remunerative time resulting from a failure by that patient to keep an appointment.
(7) A contractor shall not demand or accept or cause to be demanded or accepted from the Agency the payment of any fee or other remuneration in respect of any item of service–
(a)which has not been provided under the general ophthalmic services; or
(b)for which a claim has already been submitted to the Agency.
Textual Amendments
F17Words in sch. 1 para. 13(3) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(f)
Marginal Citations
M3S.I. 1989/364, amended by S.I. 1992/411, 1994/1770, 1998/251, S.S.I. 2004/369, and S.S.I. 2006/141 with effect from 1st April 2006.
14.—(1) An ophthalmic medical practitioner or optician who accepts in accordance with these regulations–
(a)an application from a patient for a primary eye examination; or
(b)an application from a patient for a supplementary eye examination F18...
shall carry out an eye examination.
[F19(1A) An ophthalmic medical practitioner or optician who accepts in accordance with these regulations an application under sub-paragraph (1) shall carry out each specific mandatory test and procedure specified in Schedule 3 or Schedule 4 as appropriate unless—
(a)the ophthalmic medical practitioner or optician considers that the patient has a physical or mental condition which would make the carrying out of one or more specified test(s) or procedure(s) clinically inappropriate, or
(b)the patient has refused to undertake one or more specified test(s) or procedure(s).]
F20(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where an ophthalmic medical practitioner or optician carries out a sight test, he or she shall fulfil any duty imposed on him or her by, or in regulations made under, the Opticians Act 1989.
(4) Where an ophthalmic medical practitioner or optician is of the opinion that a patient whose eyes he or she has examined in accordance with sub paragraph (1)–
(a)shows signs of injury, disease or abnormality in the eye or elsewhere which may require medical treatment; or
(b)is not likely to attain a satisfactory standard of vision notwithstanding the application of corrective lenses,
he or she shall, if appropriate, and with the consent of the patient–
[F21(i)refer the patient either to his or her doctor or to an ophthalmic hospital;]
(ii)[F22in the case of a referral to an ophthalmic hospital,] inform the patient's doctor or GP practice that he or she has done so; and
(iii)give the patient a written statement that he or she has done so, with details of the referral.
F23(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A prescription for glasses issued following an eye examination which includes a sight test shall be completed by the method recommended in Appendix A to British Standard [F242738-3:2004] (Glossary of Terms relating to Ophthalmic Lenses and Spectacle Frames) published by the British Standards Institution, as effective on the date of its publication, and shall comply with any requirements as to its form specified in the Statement for the purposes of payment in respect of the eye examination.
(7) An ophthalmic medical practitioner or optician shall carry out a maximum of 20 eye examinations in any working day.
(8) Following a primary eye examination or a supplementary eye examination the ophthalmic medical practitioner or optician who carried out the examination shall give a statement of the outcome of the examination to the patient.
Textual Amendments
F18Words in sch. 1 para. 14(1)(b) omitted (1.4.2010) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(c)(i)
F19Sch. 1 para. 14(1A) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(c)(ii)
F20Sch. 1 para. 14(2) omitted (1.4.2010) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(c)(iii)
F21Sch. 1 para. 14(4)(i) substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(aa)(c)(iv)
F22Words in sch. 1 para. 14(4)(ii) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(bb)(c)(iv)
F23Sch. 1 para. 14(5) omitted (1.4.2010) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(9)(c)(v)
F24Word in sch. 1 para. 14(6) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(g)(ii)
15.—(1) Subject to sub paragraph (2), a contractor shall not use in any manner whatsoever the name or part of the name, either alone or in combination with any other words or letters, of or used by, any person so long as that person is disqualified from inclusion in any Ophthalmic List.
(2) Nothing in sub paragraph (1) shall prevent a contractor other than a body corporate from using his [F25or her] own name or being a body corporate, from using the name by which it is enrolled in the register maintained pursuant to the provisions of the Opticians Act 1989.
Textual Amendments
F25Words in sch. 1 para. 15 inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(h)
Regulation 7 and 26(1)
Textual Amendments
F26Words in sch. 2 Pt. A title 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(8)(a) (with reg. 4)
1. An application shall contain the following information:–S
(a)[F27except where the applicant is an optician that is a body corporate,] the applicant's full name, sex, date of birth and private address and telephone number;
(b)[F28except where the applicant is an optician that is a body corporate,] a full description of the applicant's qualifications including the institution which awarded them;
(c)the applicant's professional registration number and date of first registration;
(d)whether the applicant is an ophthalmic medical practitioner, a registered optometrist or a body corporate;
(e)address of proposed [F29practice] premises and, in the case of any mobile practice, the address to which correspondence may be sent and the addresses of any day centres and residential centres to be visited more than once;
(f)whether the [F30practice] premises may be reached without use of stairs;
(g)whether the [F31practice] premises have wheelchair access;
(h)proposed days and hours of attendance at these [F32practice] premises and, in the case of any mobile practice, the month in which visits are intended to take place and the planned interval between such visits;
(i)the name of each ophthalmic medical practitioner or optician who is regularly engaged as a deputy, director or employee in the provision of general ophthalmic services;
(j)[F33except where the applicant is an optician that is a body corporate,] chronological details of the applicant's professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;
(k)details of any list or equivalent list from which the applicant [F34(and, where the applicant is an optician that is a body corporate, all directors of the body corporate)] has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or conditionally granted together with reasons for such disqualification, conditional disqualification, removal, suspension or refusal;
(l)[F35except where the applicant is an optician that is a body corporate,] name and addresses of two referees who are willing to provide clinical references relating to two recent posts as an ophthalmic medical practitioner or optometrist each of which lasted at least 3 months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;
(m)[F36except where the applicant is an optician that is a body corporate,] if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive general ophthalmic services from the applicant, is necessary for providing general ophthalmic services;
(n)if the applicant is the director or one of the persons with control of a corporate body, [F37or, if the applicant is an optician that is a body corporate, the body corporate’s name, registered office and registered number, telephone number, e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the secretary];
(o)if the applicant [F38(and, where the applicant is an optician that is a body corporate, all directors of the body corporate)] is, or has been where the outcome was adverse, the subject of any investigation F39... in relation to fraud;
(p)whether the applicant has–
(i)had sequestration of the applicant's estate awarded, or been adjudged bankrupt;
(ii)been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 M4;
(iii)made a composition or arrangement with, or granted a trust deed for, the applicant's creditors;
(q)where the applicant is a body corporate, whether–
(i)an administrator, administrative receiver or receiver has been appointed in respect of it; or
(ii)an administration order has been made in respect of it under Schedule B1 to the Insolvency Act 1986; or
(iii)it has been wound up under Part IV of the Insolvency Act 1986; or
(r)whether the applicant is subject to a disqualification order under the Company Directors Disqualification Act 1986 M5, the Companies (Northern Ireland) Order 1986 M6 or to an order made under section 429(2)(b) of the Insolvency Act 1986 M7 (failure to pay under county court administration order).
Textual Amendments
F27Words in sch. 2 Pt. A para. 1(a) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(i)
F28Words in sch. 2 Pt. A para. 1(b) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(ii)
F29Word in sch. 2 Pt. A para. 1(e) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(a)
F30Word in sch. 2 Pt. A para. 1(f) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(a)
F31Word in sch. 2 Pt. A para. 1(g) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(a)
F32Word in sch. 2 Pt. A para. 1(h) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(a)
F33Words in sch. 2 Pt. A para. 1(j) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(iii)
F34Words in sch. 2 Pt. A para. 1(k) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(iv)
F35Words in sch. 2 Pt. A para. 1(l) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(v)
F36Words in sch. 2 Pt. A para. 1(m) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(vi)
F37Words in sch. 2 Pt. A para. 1(n) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(vii)
F38Words in sch. 2 Pt. A para. 1(o) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(10)(a)(viii)
F39Words in sch. 2 Pt. A para. 1(o) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(b)
Marginal Citations
M51986 c. 46 as amended by the Insolvency Act 2000 (2000 c. 39).
M6S.I. 1986/1032 (N.1.6).
2. An application shall contain the following declarations as to whether or not the applicant:–S
(a)has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(b)is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);
(c)has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);
(d)has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 M8 or a penalty under section 115A of the Social Security Administration Act 1992 M9;
(e)has accepted a police caution in the British Islands;
(f)has been bound over following a criminal conviction in the British Islands;
(g)has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;
(h)is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;
(i)is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;
(j)is, or has been, where the outcome was adverse, the subject of any investigation into the applicant's professional conduct in respect of any previous or current employment;
(k)is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, or a member of a partnership (including a limited liability partnership) which–
(i)has been convicted of a criminal offence in the British Islands;
(ii)has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(iii)is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;
(iv)has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or
(v)is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;
(l)has had sequestration of the applicant's estate awarded or been adjudged bankrupt;
(m)has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;
(n)has made a composition or arrangement with, or granted a trust deed for, the applicant's creditors;
(o)if a body corporate–
(aa)has had an administrator, administrative receiver or receiver appointed in respect of it; or
(bb)has had an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;
(cc)has been wound up under Part IV of the Insolvency Act 1986;
(p)is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).
Marginal Citations
M91992 c. 5;. section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).
3. An applicant must include:S
[F40(a)where the applicant is an ophthalmic medical practitioner or an optician (except where the optician is a body corporate)—
(i)a disclosure request for any disclosure record required under regulation 7(3)(f); and
(ii)where required by the Board under that regulation, any existing disclosure record the applicant holds;
(aa)where the applicant is a body corporate, an enhanced criminal record certificate in relation to each director, dated not earlier than 28 days before the date of the application, or an application for such a certificate completed and signed by each director who is not already on the Board’s Ophthalmic List; and]
(b)except in the case of a body corporate carrying on business as an optometrist, a certificate [F41, dated not earlier than 2 years before the date of the application where the applicant has not worked in Scotland within that 2 year period,] from a provider of training approved by NHS Education for Scotland that the applicant has satisfactorily completed a course of training in the use of slit lamp biomicroscopy, condensing lens biomicroscopy, applanation tonometry and threshold visual fields.
Textual Amendments
F40Sch. 2 Pt. A para. 3(a)(aa) 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(8)(b) (with reg. 4)
F41Words in sch. 2 Pt. A para. 3(b) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(c)
4. An application shall include the following undertakings:–S
(a)the applicant will participate in appropriate and relevant NHS audit procedures;
(b)that applicant will be bound by the terms of service;
(c)that the applicant will notify the Board in writing within 7 days of its occurrence if the applicant–
(i)is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;
(ii)is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(iii)has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);
(iv)has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;
(v)has accepted a police caution in the British Islands;
(vi)is bound over following a criminal conviction in the British Islands;
(vii)becomes the subject of any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;
(viii)is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant's professional conduct, and there is a finding against the applicant;
(ix)becomes, to the applicant's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;
(x)becomes the subject of any investigation or proceedings by another Health Board or equivalent body, which might result in the applicant being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;
(xi)is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;
(xii)is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate–
(aa)is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;
(bb)is convicted of a criminal offence in the British Islands;
(cc)is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;
(dd)becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;
(ee)is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or
(ff)becomes, to his or her knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,
together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;
(xiii)has sequestration of the applicant's estate awarded or is adjudged bankrupt;
(xiv)is made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;
(xv)makes a composition or arrangement with, or grants a trust deed for, the applicant's creditors;
(xvi)if a body corporate–
(aa)has an administrator, administrative receiver or receiver appointed in respect of it; or
(bb)has an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;
(cc)is wound up under Part IV of the Insolvency Act 1986;
(xvii)is made subject to a disqualification order under the Company Directors Disqualification Act 1986), the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
(d)that the applicant [F42and, where the applicant is an optician that is a body corporate, all directors of the body corporate,] consents to a request being made by the Board to the Agency, any employer or former employer of the applicant [F43or of any director as the case may be], 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 the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which the applicant is or was a member;
(e)that the applicant consents to disclosure of information in terms of regulation 14; F44...
(f)that the fixed or mobile premises from which the applicant will provide general ophthalmic services contains the required equipment [F45; and
(g)that the applicant (except where the applicant is a body corporate) will remain a scheme member.]
Textual Amendments
F42Words in sch. 2 Pt. A para. 4(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(10)(c)(i)
F43Words in sch. 2 Pt. A para. 4(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(10)(c)(ii)
F44Word in sch. 2 Pt. A para. 4(e) omitted (28.2.2011) by virtue of The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(8)(c)(i) (with reg. 4)
Textual Amendments
F46Words in sch. 2 Pt. B title 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(9)(a) (with reg. 4)
1. An application shall contain the following information:–S
(a)[F47except where the applicant is an optician that is a body corporate,] the applicant's full name, sex, date of birth and private address and telephone number;
(b)[F48except where the applicant is an optician that is a body corporate,] a full description of the applicant's qualifications including the institution which awarded them;
(c)the applicant's professional registration number and date of first registration;
(d)an indication of whether the applicant is an ophthalmic medical practitioner, a registered optometrist or a body corporate;
(e)[F49except where the applicant is an optician that is a body corporate,] chronological details of the applicant's professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;
(f)details of any list or equivalent list from which the applicant [F50(and, where the applicant is an optician that is a body corporate, all directors of the body corporate)] has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or granted subject to conditions together with reasons for such disqualification, conditional disqualification, removal, suspension or refusal or imposition of conditions;
(g)[F51except where the applicant is an optician that is a body corporate,] name and addresses of two referees who are willing to provide clinical references relating to two recent posts as an ophthalmic medical practitioner or optometrist which lasted at least 3 months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;
(h)[F52except where the applicant is an optician that is a body corporate,] if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive general ophthalmic services from the applicant, is necessary for providing general ophthalmic services;
(i)if the applicant F53... is the director or one of the persons with control of a corporate body, [F54or, if the applicant is an optician that is a body corporate, the body corporate’s name, registered office and registered number, telephone number, e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the secretary];
(j)if the applicant [F55(and, where the applicant is an optician that is a body corporate, all directors of the body corporate)] is, or has been where the outcome was adverse, the subject of any investigation F56... in relation to fraud.
Textual Amendments
F47Words in sch. 2 Pt. B para. 1(a) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(i)
F48Words in sch. 2 Pt. B para. 1(b) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(ii)
F49Words in sch. 2 Pt. B para. 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(11)(a)(iii)
F50Words in sch. 2 Pt. B para. 1(f) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(iv)
F51Words in sch. 2 Pt. B para. 1(g) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(v)
F52Words in sch. 2 Pt. B para. 1(h) inserted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(vi)
F53Words in sch. 2 Pt. B para. 1(i) omitted (28.2.2011) by virtue of The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(9)(b)(i) (with reg. 4)
F54Words in sch. 2 Pt. B para. 1(i) substituted (1.4.2010) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/86), regs. 1, 3(11)(a)(vii)
F55Words in sch. 2 Pt. B para. 1(j) 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(9)(b)(ii) (with reg. 4)
F56Words in sch. 2 Pt. B para. 1(j) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(b)
2. An application shall contain the following declarations as to whether or not the applicant:–S
(a)has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;
(b)is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);
(c)has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);
(d)has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;
(e)has accepted a police caution in the British Islands;
(f)has been bound over following a criminal conviction in the British Islands;
(g)has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;
(h)is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;
(i)is the subject of any investigation or proceedings by another Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;
(j)is, or has been, where the outcome was adverse, the subject of any investigation into applicant's professional conduct in respect of any previous or current employment;
(k)is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, which–
(i)has been convicted of a criminal offence in the British Islands;
(ii)has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(iii)is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;
(iv)has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or
(v)is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;
3. An applicant must include with the application–S
[F57(a)where the applicant is an ophthalmic medical practitioner or an optician (except where the optician is a body corporate)—
(i)a disclosure request for any disclosure record required under regulation 7(3)(f); and
(ii)where required by the Board under that regulation, any existing disclosure record the applicant holds;
(aa)where the applicant is a body corporate, an enhanced criminal record certificate in relation to each director, dated not earlier than 28 days before the date of the application, or an application for such a certificate completed and signed by each director who is not already on the Board’s Ophthalmic List; and]
(b)a certificate [F58, dated not earlier than 2 years before the date of the application where the applicant has not worked in Scotland within that 2 year period,] from a provider of training approved by NHS Education for Scotland that the applicant has satisfactorily completed a course of training in the use of slit lamp biomicroscopy, condensing lens biomicroscopy, applanation tonometry and threshold visual fields
Textual Amendments
F57Sch. 2 Pt. B para. 3(a)(aa) 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(9)(c) (with reg. 4)
F58Words in sch. 2 Pt. B para. 3(b) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(16)(c)
4. An application shall include the following consent and undertakings:–S
(a)that the applicant will participate in appropriate and relevant NHS audit procedures;
(b)that the applicant will be bound by the terms of service;
(c)that the applicant will notify the Health Board in writing within 7 days of its occurrence if he or she–
(i)is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in Scotland, would constitute such a criminal offence;
(ii)is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;
(iii)has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);
(iv)has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;
(v)has accepted a police caution in the British Islands;
(vi)is bound over following a criminal conviction in the British Islands;
(vii)becomes the subject of any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;
(viii)is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into his or her professional conduct, and there is a finding against the applicant;
(ix)becomes, to the applicant's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;
(x)becomes the subject of any investigation or proceedings by another Board or equivalent body, which might result in the applicant being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;
(xi)is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or contingently removed or suspended from or refused admission to any list or equivalent list;
(xii)is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate–
(aa)is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands, would constitute a criminal offence;
(bb)is convicted of a criminal offence in the British Islands;
(cc)is convicted elsewhere of an offence which, if committed in the British Islands, would constitute a criminal offence;
(dd)becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;
(ee)is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or
(ff)becomes, to his or her knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,
together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;
(d)that the applicant [F59and, where the applicant is an optician that is a body corporate, all directors of the body corporate,] shall consent to a request being made by the Health Board to the Agency, any employer or former employer [F60of the applicant or of any director as the case may be], 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 the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member;
(e)that the applicant consents to disclosure of information in terms of regulation 14; F61...
(f)that the fixed or mobile premises from which the applicant will assist in the provision of general ophthalmic services contains the required equipment [F62; and
(g)that the applicant (except where the applicant is a body corporate) will remain a scheme member.]
Textual Amendments
F59Words in sch. 2 Pt. B para. 4(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(11)(b)(i)
F60Words in sch. 2 Pt. B para. 4(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(11)(b)(ii)
F61Word in sch. 2 Pt. B para. 4(e) omitted (28.2.2011) by virtue of The National Health Service (General Ophthalmic Services and General Dental Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/378), regs. 1(1), 2(9)(d)(i) (with reg. 4)
1. A declaration as to whether or not the person who is included in the Ophthalmic List in terms of regulation 26(3)–S
(a)has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(b)is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);
(c)has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);
(d)has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;
(e)has accepted a police caution in the British Islands;
(f)has been bound over following a criminal conviction in the British Islands;
(g)has been subject to any investigation into that person's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;
(h)is currently subject to any investigation into that person's professional conduct by any licensing, regulatory or other body anywhere in the world;
(i)is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in that person being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;
(j)is, or has been, where the outcome was adverse, the subject of any investigation into that person's professional conduct in respect of any previous or current employment;
(k)is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, or a member of a partnership (including a limited liability partnership) which–
(i)has been convicted of a criminal offence in the British Islands;
(ii)has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;
(iii)is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;
(iv)has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or
(v)is, to that person's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud.
2. A declaration that–S
(a)that person consents 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 this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which that person is or was a member;
(b)the fixed or mobile premises from which that person will provide general ophthalmic services contains the required equipment to provide general ophthalmic services;
(c)–
(i)no sequestration of the person's estate has been awarded and that the person has not been adjudged bankrupt, unless (in either case) the person has been discharged or the bankruptcy order has been annulled;
(ii)the person has not been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, unless that order has ceased to have effect or has been annulled;
(iii)the person has not made a composition or arrangement with, or granted a trust deed for, the person 's creditors unless the person has been discharged in respect of it;
(iv)where the person is a body corporate–
(aa)an administrator, administrative receiver or receiver has not been appointed in respect of it;
(bb)an administration order has not been made in respect of it under Schedule B1 to the Insolvency Act 1986;
(cc)it has been not been wound up under Part IV of the Insolvency Act 1986;
(d)the person is not subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); and
(e)the person undertakes to notify the Health Board in writing within 7 days of the occurrence of any event specified in paragraph 1, or sub paragraphs (c) and (d) of this paragraph.
Regulation 2(1)
Textual Amendments
The taking of a detailed history and symptoms, including relevant medical, family, or ocular history |
The recording of unaided vision, visual acuity or pinhole vision as appropriate |
Sight test – appropriate to the presenting signs, symptoms, and aided / unaided acuity |
A pupillary assessment including testing for relative size, shape, direct, consensual and near responses |
An examination appropriate to the reason for referral from a medical practitioner or other carer |
An eye health assessment appropriate to the patient’s needs and presenting signs and symptoms |
An internal eye examination using direct ophthalmoscope and/or slit lamp / head mounted biomicroscopy |
The external examination of the eyes using slit lamp biomicroscopy and appropriate diagnostic agents |
A relevant assessment of extra ocular motor function; oculo-motor balance and ocular motility |
A visual field assessment |
The communication of the clinical findings, including preparation of a referral letter and clinical report (where appropriate), results and diagnosis to the patient, his or her carer (where appropriate), and other appropriate health professionals as agreed by the patient and/or his or her carer. |
Column 1 | Column 2 | |
---|---|---|
Children aged under 16 years (where the optician or ophthalmic medical practitioner which is carrying out the eye examination does not have access to or means to access the patient’s records) | On first appointment stereopsis and, where clinically appropriate, colour vision | |
Children aged under 16 years (where the optician or ophthalmic medical practitioner carrying out the eye examination does have access to or means to access the patient’s records) | Colour vision and stereopsis where clinically appropriate | |
Adults aged 40 and over | Intra ocular pressure measurement | |
Adults aged 40 years and over who have a close family history of Glaucoma | Intra ocular pressure measurement, automated suprathreshold visual field tests, and assessment of the optic nerve head | |
Adults aged 60 years and over ((i) where the optician or ophthalmic medical practitioner which is carrying out the eye examination does not have access to or means to access the patient’s records or (ii) where the optician or ophthalmic medical practitioner does have access or means to access the patient’s records and it is the patient’s first examination after having reached his or her 60th birthday) | (i) | Automated Supra-threshold fields |
(ii) | The performance of slit lamp / head mounted biomicroscopy with mydriasis | |
(iii) | Digital Fundus imaging | |
Subject to the provisions of the row above, adults aged 61 years and over (where the optician or ophthalmic medical practitioner carrying out the eye examination does have access to or means to access the patient’s records) | (i) | Automated Supra-threshold fields as clinically indicated |
(ii) | The performance of slit lamp / head mounted biomicroscopy with mydriasis | |
(iii) | Digital fundus imaging | |
Patients discharged from an ophthalmic hospital following a cataract operation | Postoperative cataract examination and sight test | |
Patients presenting with suspect vitreo retinal disorder aged 60 years and over | Vitreous examination and fundus assessment by dilated slit lamp biomicroscopy (with condensing lens) and/or indirect headset and/or gonio fundus lens | |
Patients with suspect glaucoma or ocular hypertensives | Intra ocular pressure measurement, automated supra-threshold visual field assessments, and assessment of the optic nerve head | |
Patients with suspect macular disorders aged 60 years and over | (i) | Internal Eye examination with mydriasis, using slit lamp biomicroscopy |
(ii) | Test to investigate sudden onset of visual distortion in one or both eyes | |
Patients with cataract aged 60 years and over | Internal Eye examination with mydriasis when a clear view of the fundus cannot be obtained without mydriasis, using slit lamp biomicroscopy or head mounted indirect ophthalmoscopy | |
Depending on the patient’s presenting signs and symptoms | (a) | Standard tests such as binocular function and stereopsis, amplitude of accommodation, colour vision, confrontation fields and other appropriate tests excluding the following tests and procedures when undertaken as part of a supplementary eye examination on the same day: cycloplegic refraction; dilated slit lamp biomicroscopy for patients aged under 60 with suspect cataracts, suspect macular disorders, suspect diabetic retinopathy, suspect vitreo retinal disorders, suspect glaucoma, suspect neurological symptoms, suspect tumour risk, small pupils measuring 2 mm or under |
(b) | Issue advice and instruction to patients prior to referral into a care pathway, shared care scheme or a level 2 optometric examination | |
(c) | Direct referral, where clinically appropriate, to an ophthalmic hospital, to the patient’s General Practitioner, or to another Optometrist |
Category of Patients | Maximum frequency at which primary eye examinations are to be carried out |
---|---|
Patients under 16 years | Annually |
Patients aged between 16 years and 59 years | Biennially |
Patients aged 60 years or over | Annually |
Patients with glaucoma | Annually |
Patients aged 40 years or over with a close family* history of glaucoma | Annually |
*father, mother, brother, sister, son, daughter | |
Patients with ocular hypertension | Annually |
Patients with diabetes | Annually] |
Regulation 2(1)
Textual Amendments
1. The patient’s relevant medical, family or ocular history should be updated and the reason for and date of visit should be recorded.S
2. Where clinically appropriate, a patient should be referred directly to an ophthalmic hospital, to the patient’s General Practitioner, or to another Optometrist.S
Column 1 | Column 2 |
---|---|
Following routine sight test; | Cycloplegic sight test |
Paediatric follow up within six months of the previous examination | A sight test; |
Oculo-motor balance; and | |
Stereopsis | |
Referral refinement / Repeat or follow-up procedures | To include, as required: |
A sight test where this could not be undertaken as part of the primary eye examination due to eye infection, disease or injury | |
Repeat of automated visual field assessment by full threshold visual fields; | |
Repeat tonometry using applanation tonometry; | |
Slit lamp biomicroscopy, which may include mydriasis, and / or digital retinal photography; | |
Also to include where referring: general referral advice and counselling specific to the referral reason | |
Suspect glaucoma, unusual optic disc | To include, as required: |
appearance, or where other retinal or | |
choroidal abnormalities have been detected during the primary eye examination | Repeat of automated visual field assessment by full threshold visual fields; |
Repeat tonometry using applanation tonometry; | |
Slit lamp biomicroscopy which may include mydriasis | |
Patient aged under 60 with suspect cataracts, suspect macular disorder, suspect diabetic retinopathy, suspect vitreo retinal disorders, suspect glaucoma, suspect neurological symptoms, suspect tumour risk, small pupils measuring 2 mm or under. | Dilated slit lamp biomicroscopy, and any other tests and procedures appropriate to the patients’ symptoms |
Suspect or diagnosed anterior segment disorders, damage or infections, as detailed in the patient’s record, including corneal abrasion, foreign body, dry eye, conjunctivitis, red eye, scleritis, episcleritis, iritis, or uveitis | External eye assessment using slit lamp and relevant diagnostic agents |
Children aged under 16 years on referral by an ophthalmic hospital | Cycloplegic sight test |
Patients discharged from an ophthalmic hospital following a cataract operation | Postoperative cataract examination and sight test |
Patient presenting with reduced visual acuity, sudden vision loss, sudden onset flashes and floaters, or neurological symptoms | sight test, macular assessment tests, slit lamp biomicroscopy which may include mydriasis, and any other tests and procedures appropriate to the patient’s signs and symptoms] |
Regulation 2(1)
Textual Amendments
1. An ophthalmic medical practitioner or optician shall keep the following data in records (this data is a record of patient details, symptoms, tests performed and results thereof):—S
Personal Patient Data (primary eye examination) | Name, title, address, telephone number, Date of Birth, General Practitioner’s details, Community Health Index number (where available), occupation, driver Yes/No, relevant interests, date of examination |
Symptoms & History (primary eye examination) | Presenting signs & symptoms and reason for visit, past ocular history, past medical history, family ocular and patient’s own medical history, medication, reason for referral to or from the ophthalmic medical practitioner or optician, smoker yes/no (if relevant), if family history, or symptoms of age related macular degeneration. |
Personal Patient Data (supplementary eye examination) | Update of Name, title, address, telephone number, General Practitioner’s details, occupation and date of examination |
Symptoms & History (supplementary eye examination) | Presenting signs & symptoms, reason for visit or for referral to or from the ophthalmic medical practitioner or optician, update of ocular and medical history and medication |
For all eye examinations: | |
Diagnosis / Findings | Record of all findings and any diagnosis or outcomes. Record of reason why any specified/expected procedure or test was not carried out. Where digital fundus photographs have been taken, the photographs should be retained either in electronic form or in hard copy and backed up either in electronic form or hard copy. Where a drug has been issued to a patient, a record of the batch number of that drug, the expiry date and the date when that drug was administered to the patient should be kept, either in the patient record or in a register held at the practice for the specific purpose of recording the drugs which have been administered. |
Communication | Note any advice, statements, reports or referrals issued to the patient or made on behalf of the patient |
Data to be recorded where appropriate for tests and procedures specified in the Tables A and B in Schedule 3 and the Table in Schedule 4: | |
External Examination | A record of all relevant findings, technique and apparatus used |
Internal Examination | A record of whether this was with or without mydriasis, the technique, apparatus and diagnostic agents used and a full description of the ocular media, fundus, blood vessels, optic disc and macula |
Neurological Assessment | All relevant tests undertaken, which may include pupil assessment – relative size, shape, direct, consensual and near responses |
Oculo-Motor Function | All relevant tests undertaken which may include cover test, convergence, muscle balance, motility, stereopsis, amplitude of accommodation |
Visual Fields | Record findings, technique and apparatus used |
Intra Ocular Pressure | Intra ocular pressure measurement, type of tonometer and time of measurement |
Sight test | Objective/subjective findings, unaided vision, pinhole acuity, visual acuity, back vertex distance (over 5D), prescription issued, dispensing details |
Colour Vision | Record findings and test procedure |
Imaging | Record reference to any electronic images taken. Where any electronic images have been taken, the image should be retained either in electronic form or in hard copy and backed up either in electronic form or hard copy.] |
Regulation 26
Orders and Regulations revoked | References | Extent of revocation |
---|---|---|
The National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 | S.I. 1986/965 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1988 | S.I. 1988/543 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1989 | S.I. 1989/387 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 1989 | S.I. 1989/1177 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1990 | S.I. 1990/1048 | The whole Regulations |
The National Health Service (Optical Charges and Payments) (Miscellaneous Amendments (Scotland) Regulations 1991 | S.I. 1991/534 | Regulation 19 |
The National Health Service (Optical Charges and Payments) (Miscellaneous Amendments (Scotland) Regulations 1992 | S.I. 1992/531 | Regulation 5 |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1995 | S.I. 1995/704 | The whole regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1996 | S.I. 1995/843 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 1996 | S.I. 1996/2353 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1999 | S.I. 1999/725 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 1999 | S.S.I. 1999/55 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2001 | S.S.I. 2001/62 | The whole Regulations |
The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services (Scotland) Amendment Regulations 2002 | S.S.I. 2002/86 | Regulation 4 |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2003 | S.S.I. 2003/201 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2003 | S.S.I. 2003/432 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2004 | S.S.I. 2004/36 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2004 | S.S.I. 2004/98 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2004 | S.S.I. 2004/169 | The whole Regulations |
The Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004 | S.S.I. 2004/212 | Schedule 1, paragraph 2 |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2005 | S.S.I. 2005/128 | The whole Regulations |
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2006 | S.S.I. 2006/42 | The whole Regulations |
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