The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

Amendment of regulation 7

25.—(1) Regulation 7 of the Ophthalmic Regulations (application for inclusion in ophthalmic list and notification)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) for “body corporate carrying on business as ophthalmic opticians” there shall be substituted “corporate optician”; and

(b) after sub-paragraph (a), there shall be inserted sub-paragraph (aa)—

“(aa) if he wishes to provide mobile services, a statement to that effect, with an undertaking to provide mobile services and to comply with the terms of service relevant to the provision of mobile services;”.

(3) After paragraph (1) there shall be inserted paragraphs (1A), (1B) and (1C)—

“(1A) In the case of an application to a Primary Care Trust by an ophthalmic medical practitioner or optician, who is included in the supplementary list of that Trust, seeking to withdraw from that list and to include his name in its ophthalmic list, he shall only be required to provide any information and undertakings required by paragraph (1) and Schedule 1A insofar as—

(a) he has not already supplied it to that Trust; or

(b) it has changed since it was provided.

(1B) Before making a decision on the ophthalmic medical practitioner or optician’s application, the Primary Care Trust shall—

(a) check, as far as reasonably practicable, the information he provided, in particular that provided under Schedule 1A, and shall ensure that it has sight of relevant documents;

(b) check with the NHS Counter Fraud and Security Management Service whether the ophthalmic medical practitioner or optician has any record of fraud;

(c) check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to the ophthalmic medical practitioner or optician; and

(d) take up the references the ophthalmic medical practitioner or optician provided under paragraph 9 of Schedule 1A.

(1C) When the Primary Care Trust has decided whether or not to include the ophthalmic medical practitioner or optician in its list, it shall notify him within 7 days of that decision of—

(a) that decision; and

(b) if the Trust has decided not to include him, the reasons for it (including any facts relied upon) and of any right of appeal under regulation 7C against that decision.”.

(1)

Relevant amendments are, in relation to England, in S.I. 1996/705, 2001/ 3739, 2002/601 and 2469.