Statutory Rules of Northern Ireland
2009 No. 16
Health And Personal Social Services
General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2009
Made
19th January 2009
Coming into operation
9th February 2009
The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 26(2), 62, 95, 106 and 107(6) of, and paragraph 7(5) of Schedule 3 and paragraph 13 of Schedule 11 to, the Health and Personal Social Services (Northern Ireland) Order 1972(2) and in conjunction with the Department of Finance and Personnel(3).
In accordance with Article 62(3) of that Order it has consulted with such organisations as appeared to the Department to be representative of medical practitioners practising as ophthalmic medical practitioners, and ophthalmic opticians.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 9th February 2009.
(2) In these Regulations “the principal Regulations” means the General Ophthalmic Services Regulations (Northern Ireland) 2007(4).
Amendment of regulation 2 of the principal Regulations
2. In regulation 2 of the principal Regulations (Interpretation), in the appropriate places in the alphabetical order, insert—
““emergency mobile services” means general ophthalmic services provided at a location, other than the contractor’s practice premises, where a contractor has made reasonable arrangements to secure that a patient requiring prompt care will receive such care as soon as appropriately possible. For the purposes of this definition a patient requires prompt care, if in the clinical opinion of the contractor—
the patient’s sight is likely to deteriorate without such care;
the patient is in significant pain by reason of his eye condition; or
the patient may be at serious risk of sustaining a personal injury as a direct result of having an uncorrected refractive error;
“prompt care” in relation to “emergency mobile services” does not necessitate a repair or replacement of an optical appliance unless paragraph (c) of the definition of “emergency mobile services” applies;”.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th January 2009.
Christine Jendoubi
A senior officer of the Department of Health, Social Services and Public Safety
Sealed with the Official Seal of the Department of Finance and Personnel on 19th January 2009.
Mary McIvor
A senior officer of the Department of Finance and Personnel
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations will amend the General Ophthalmic Services Regulations (Northern Ireland) 2007 (“the principal Regulations”) which make provision for the arrangements under which General Ophthalmic Services are provided.
Regulation 2 amends regulation 2 of the principal regulations to insert a new definition of “emergency mobile services” and “prompt care” for the purposes of clarifying the constitution and conditions for the provision of emergency care by a contractor undertaking mobile services.
See S.I. 1999/238 (N.I. 1) Article 3(6)
S.I 1972/1265 (N.I. 14); Article 62 was amended by Article 13 of S.I. 1978/1907 (N.I. 26) , Articles 3 and 17 of, and Schedules 1 and 6 to S.I. 1984/1158 (N.I. 8), Article 8 of S.I. 1988/2249 (N.I. 24), Articles 34 and 35 of, and Schedules 5 and 6 to S.I. 1991/194 (N.I. 1) and Article 41(4) of 2001 c. 3 and modified by regulation 24(2)(c) of S.R. 2004 No. 259
Formerly Department of Finance: See S.I. 1982/338 (N.I. 6) Art. 3