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

Incorporation of provisions S

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 [F1 the 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 [F2 or Disease] of the Eye; F3 ...

[F4 (g) the College of Optometrists’ Guidance for Professional Practice;]F5 ...

(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[F6 ; and

(i) Scottish Intercollegiate Guidance Network 144: Glaucoma Referral and Safe Discharge.]

Textual Amendments

F1 Words 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)

F2 Words in sch. 1 para. 2(f) 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), 14(a)

F3 Word 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)

F4 Sch. 1 para. 2(g) substituted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 10(2)(a)

F5 Word in sch. 1 para. 2(g) omitted (1.10.2018) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 10(2)(b)

F6 Sch. 1 para. 2(i) and word inserted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 10(2)(c)

Marginal Citations

M1 S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.

M2 S.I. 1998/642. Regulation 9 was amended by S.I. 1999/748.