General Ophthalmic Services Regulations (Northern Ireland) 2007

Provision of mobile services N.I.

4.—(1) A contractor, who has made arrangements with [F1 the Department] to provide mobile services, may provide them only in accordance with sub-paragraph (2), after giving notice in accordance with sub-paragraph (3).

(2) The contractor may only provide mobile services if—

(a) the patient has requested the contractor to provide those services to him, or, where the patient is incapable of making such a request, another person has made such a request on the patient’s behalf; and

(b) subject to sub-paragraphs (5), (6), (7) and (8), he has notified [F1 the Department] in accordance with sub-paragraph (3) and, if applicable, (4) and [F1 the Department] has not informed the contractor that it is not content with those changes.

[F2 (3) The contractor shall notify [F1 the Department] of his intention to provide mobile services at a location at least 48 hours (except that no part of a Saturday, Sunday or public holiday shall count towards that period) in advance of the date on which the contractor intends to provide the mobile services, identifying the persons to whom the services are to be provided by specifying—

(a) each patient’s name and address, sex, date of birth and Health and Care number as shown on the patient’s medical card; and

(b) the date and approximate time the contractor will provide them.]

(4) If the contractor wishes to change any of the matters of which he has notified [F1 the Department] under sub-paragraph (3), he shall so notify [F1 the Department] at least 24 hours (except that no part of a Saturday, Sunday or public holiday shall count towards that period) before—

(a) if he wishes to provide mobile services to further or different persons, that provision;

(b) if he wishes to change the date or time of the provision of those services, both—

(i) the previously notified date of that provision, and

(ii) if the notification is to change the date, the date so notified.

(5) If the contractor is unable to attend the place at which he has notified [F1 the Department] that he would be attending, he may instead, on that day and at that approximate time, provide mobile services at another location (“the substitution”), provided that [F1 the Department] notifies him that it agrees to the substitution.

(6) In a case to which paragraph (5) applies the contractor may attend and provide mobile services at the originally notified place at such time as [F1 the Department] shall agree.

(7) In a case where circumstances have arisen whereby it was not possible to notify in accordance with sub-paragraph (4)(a), the contractor may provide mobile services to up to 3 other persons at the previously notified time and place.

[F3 (8) The contractor shall be permitted to provide emergency mobile services without due notification to [F1 the Department] in accordance with sub-paragraph (3), provided that the contractor notifies [F1 the Department] of the location at which the emergency mobile services were provided as soon as possible, specifying—

(a) the patient’s name and address, sex, date of birth and Health and Care number as shown on the patient’s medical card;

(b) the date and approximate time the services were provided; and

(c) the reasons for the provision of the services.]

[F4 (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.]

[F5 (9) In sub-paragraph (8) “emergency mobile services” means general ophthalmic services provided at a location, other than the contractor’s practice premises, where the contractor has made reasonable arrangements to secure that a patient requiring prompt care will receive such care as soon as appropriately possible.]

[F5 (10) For the purposes of sub-paragraph (9) a patient requires “prompt care” if in the clinical opinion of the contractor—

(a) the patient’s sight is likely to deteriorate without such care;

(b) the patient is in significant pain by reason of his eye condition; or

(c) the patient may be at serious risk of sustaining a personal injury as a direct result of having an uncorrected refractive error;

and “prompt care” does not necessitate a repair or replacement of an optical appliance unless head (c) applies.]

Textual Amendments

F1 Words in Sch. 1 para. 4 substituted (1.4.2022) by The Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/104), regs. 1(1), 4(9)(a)

F2 Sch. 1 para. 4(3) substituted (3.2.2014) by The General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/2), regs. 1(1), 4(2)

F3 Sch. 1 para. 4(8) substituted (3.2.2014) by The General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/2), regs. 1(1), 4(3)

F4 Sch. 1 para. 4(8A) substituted for the first Sch. 1 para. 4(9) (1.4.2022) by The Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/104), regs. 1(1), 4(9)(b)

F5 Sch. 1 para. 4(9)(10) inserted (1.4.2009) by The General Ophthalmic Services (Amendment No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009/152), regs. 1(1), 4(c)

Commencement Information

I1 Sch. 1 para. 4 in operation at 9.11.2007, see reg. 1