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

Ophthalmic List S

6.—(1) Each Board shall prepare and maintain in accordance with these Regulations a list called “the Ophthalmic List” of those persons–

(a) who, pursuant to the provisions of regulation 7, have undertaken to provide, or who are approved by the Board to assist in the provision of, general ophthalmic services in its area, and

(b) who are not disqualified from inclusion in the Ophthalmic List by virtue of the provisions of sections 29B(2) M1 , 30(2) M2 , (5) M3 , 32A(3) M4 or 32B(1) M5 of the Act or by a corresponding decision or who may not be added to the Ophthalmic List by virtue of the provisions of regulation 26 (practitioner subject to an inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004 M6 .

(2) The Ophthalmic List shall be divided into two parts–

(a) the first part of which shall be of ophthalmic medical practitioners and opticians who have undertaken to provide general ophthalmic services under arrangements with the Board in terms of these Regulations, and

(b) the second part of which shall be of ophthalmic medical practitioners and opticians who are approved by the Board to assist in the provision of such services.

(3) The first part of the Ophthalmic List shall contain the following information:–

(a) the names of persons who are included therein;

(b) the addresses of any [F1 practice premises] in the Board's area at [F2 or from] which they have undertaken to provide general ophthalmic services, or in the case of a mobile practice, the address to which correspondence in connection with such provision may be sent and the addresses of any day centre or residential centre to be visited more than once;

(c) particulars of the days on which and hours between which general ophthalmic services will normally be available at [F3 or from] such addresses, or in the case of visits to day centres or residential centres by a mobile practice, the months in which visits are intended to take place and the planned interval between such visits;

(d) 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 at [F4 or from] any of these addresses;

(e) whether the contractor has undertaken F5 ...to provide general ophthalmic services [F6 at a place where the patient normally resides (in accordance with paragraph 4(2)(a) of Schedule 1),] in addition to providing general ophthalmic services at [F7 or from] the addresses specified in sub paragraph (b) above;

(f) whether the contractor has undertaken F8 ... to provide general ophthalmic services [F9 only at a place where the patient normally resides (in accordance with paragraph 4(2)(a) of Schedule 1)];

(g) whether there is wheelchair access to the premises the addresses of which are specified under sub paragraph (b) above;

(h) whether the premises the addresses of which are specified under sub paragraph (b) are accessible without the use of stairs.

(i) each such person's professional registration number;

(j) the date of that person's first registration [F10 , and any subsequent registration,] as an optician by the General Optical Council, or as a medical practitioner by the General Medical Council; and

(k) the date on which that person's name was included in the first part of the Ophthalmic List.

(4) The second part of the Ophthalmic List shall contain the following information:–

(a) the names of persons who are included therein;

(b) the professional registration number of each such person;

(c) the date of that person's first registration [F11 , and any subsequent registration,] as an optician by the General Optical Council, or as a medical practitioner by the General Medical Council; and

(d) the date on which that person's name was included in the second part of the Ophthalmic List.

(5) Subject to regulation 26(8)–

(a) an ophthalmic medical practitioner or optician may not provide general ophthalmic services in the area of a Board unless that person's name is included in the first part of the Ophthalmic List of that Board; and

(b) an ophthalmic medical practitioner or optician may not assist in the provision of general ophthalmic services in the area of a Board unless that person's name is included in the first or second part of the Ophthalmic List of that Board.

(6) The Board shall–

(a) send to the Scottish Ministers, the Agency, the area medical committee and the area optical committee, as appropriate, a copy of its Ophthalmic List as soon as possible after its preparation; and

(b) notify the Agency within 7 days and the Scottish Ministers, area medical committee and area optical committee within 14 days, of any alterations to its Ophthalmic List.

(7) The Board shall, if necessary, prepare an updated Ophthalmic List each year and send a copy to the Scottish Ministers.

Textual Amendments

F1 Words in reg. 6(3)(b) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(a)

F2 Words in reg. 6(3)(b) inserted (1.7.2022) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/169), regs. 1(1), 10(a)

F3 Words in reg. 6(3)(c) inserted (1.7.2022) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/169), regs. 1(1), 10(b)

F4 Words in reg. 6(3)(d) inserted (1.7.2022) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/169), regs. 1(1), 10(c)

F5 Words in reg. 6(3)(e) omitted (3.2.2014) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/355), regs. 1, 4(a)(i)

F6 Words in reg. 6(3)(e) inserted (3.2.2014) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/355), regs. 1, 4(a)(ii)

F7 Words in reg. 6(3)(e) inserted (1.7.2022) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/169), regs. 1(1), 10(d)

F8 Words in reg. 6(3)(f) omitted (3.2.2014) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/355), regs. 1, 4(b)(i)

F9 Words in reg. 6(3)(f) inserted (3.2.2014) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/355), regs. 1, 4(b)(ii)

F10 Words in reg. 6(3)(j) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(b)

F11 Words in reg. 6(4)(c) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(b)

Marginal Citations

M1 Section 29B(2) was added by the 1999 Act, section 58, and amended by the 2002 Act, Schedule 2, paragraph 2, the 2004 Act, Schedule 1, paragraph 1, and the 2005 Act, section 26(4) and Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

M2 Section 30(2) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

M3 Section 30(5) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

M4 Section 32A(3) was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8, amended by the 1999 Act, section 65 and Schedule 4, paragraph 51 and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

M5 Section 32B(1) was substituted by the 1999 Act, section 65 and Schedule 4, paragraph 52, and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/ .

M6 S.S.I. 2004/38; regulation 26 is amended with effect from 1st April 2006 by the National Health Service (Tribunal) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/122).