The Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022

Amendment of the General Ophthalmic Services Regulations (Northern Ireland) 2007

4.—(1) In the General Ophthalmic Services Regulations (Northern Ireland) 2007(1)—

(2) In regulation 2 (interpretation)—

(a) Omit the definition of “Board”;

(b) In the definitions of “mobile practices and “mobile services”(2) for “the Board” substitute “the Department”; and

(c) In the definition of “Ophthalmic Qualifications Committee” omit “each Board and”.

(3) In regulations 8(1) and (3)(e) (ophthalmic list), 9(2) (application for inclusion in ophthalmic list), 11 (removal from ophthalmic list), 13 (terms of service), 19(2) (school children), and 22 (service of documents) for “a Board” or “the Board”, in each place they occur, substitute “the Department”.

(4) In regulation 8—

(a) In paragraph (3)(b) omit “in the Board’s area”;

(b) In paragraph (4) omit “, each Board”; and

(c) In paragraph (5) omit “each Board, at ”

(5) In regulation 9(1) for “Board in whose area he proposes to practise, on a form approved by the Department and available from the Board” substitute “Department on a form approved by and available from the Department”.

(6) In regulation 10 (withdrawal from ophthalmic list) for “Board”, in each place that it occurs, substitute “Department”.

(7) In regulation 14(3)(b)(3) (payment for services) omit “the Regional Board or ”.

(8) In regulation 21 (publication of particulars) for “Boards” substitute “the Department”.

(9) In Schedule 1 (terms of service)—

(a) In paragraphs 4(4) (provision of mobile services), 5(2), (5) (7) and (8) (premises and equipment), 7(3)(a) (records), 8(2) (deputies), 9(2) (employees) and 11 (co-operation with investigations) for “the Board”, in each place it occurs, substitute “the Department”.

(b) In paragraph 4, immediately after sub-paragraph (8), for the first sub-paragraph (9) substitute—

“(8A) The contractor shall not—

(a) offer any inducement (except any discount or special offer available to patients) to use the mobile services provided by the contractor and in particular no such inducement shall be offered by the contractor, directly or indirectly, to the proprietor, manager or staff of a nursing home, residential care home or day care setting to secure that the contractor is asked or permitted to provide mobile services at that establishment; or

(b) seek to mislead any person about the availability, quality and extent of the mobile services provided.”.

(c) In paragraph 5—

(i) In sub-paragraph (3)(b) omit “in the area of that Board”.

(ii) In sub-paragraphs (6), (7) and (8) omit “, the Board”, in each place it occurs.

(d) In paragraph 7(3)(b) omit “, the Board”, in each place it occurs.

(e) In paragraphs 8(2) (deputies) and 9(2) (employees) for “the Board” substitute “the Department”.

(10) In Schedule 2 (constitution of ophthalmic committee)—

(a) In paragraph 1 for “the Boards” substitute “the Department”.

(b) In paragraph 9—

(i) For “a Board” substitute “the Department”.

(ii) For “that Board”, in each place it occurs, substitute “the Department”.

(1)

S.R. 2007 No. 436 : relevant amending Regulations are S.R. 2014 No. 2, S.R. 2014 No. 267 and S.R. 2016 No.104

(2)

Definition of “mobile services” substituted by regulation 2(3) of S.R. 2014 No. 2

(3)

Sub-paragraph (b) was substituted by regulation 16 of S.R. 2014 No. 267

(4)

Sub-paragraphs (9) and (10) were inserted by regulation 4(c) of S.R. 2009 No. 152, (3) and (8) were substituted. by regulation 4(2) and (3) of S.R. 2014 No. 2 an additional second paragraph (9) was inserted by regulation 4(4) of S.R. 2014 No. 2