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21B.—(1) Where a person presents to an ophthalmic medical practitioner or optician included in an Ophthalmic List in circumstances where that ophthalmic medical practitioner or optician considers it to be an emergency, that ophthalmic medical practitioner or optician—
(a)must carry out an emergency eye examination; or
(b)if unable to carry out an emergency eye examination, must, with the person’s agreement, take all reasonable steps to make an arrangement with—
(i)another ophthalmic medical practitioner or optician on the Ophthalmic List to carry out an emergency eye examination; or
(ii)a hospital or GP practice to examine the person,
and when making the arrangement, must indicate the degree of urgency.
(2) Before an ophthalmic medical practitioner or optician carries out an emergency eye examination under paragraph (1)(a) or (b)(i), the person must make an application for an eye examination under regulation 22(1).]
Textual Amendments
F1Reg. 21B inserted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 6
22.—(1) A person who wishes to have an eye examination under general ophthalmic services [F2must] make an application to any ophthalmic medical practitioner or optician on the Ophthalmic List for an eye examination.
[F3(2) The application must be made on an eye examination form F4....]
F5(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An ophthalmic medical practitioner or optician to whom an application for an eye examination is made shall, before carrying out an eye examination–
(a)ensure that particulars of the patient and the approximate date of the patient's last eye examination, if any, are inserted in an eye examination form by the patient or on his or her behalf; and
[F7(b)unless the eye examination is an emergency eye examination, be satisfied that it is necessary.]
F8(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the ophthalmic medical practitioner or optician has provided the eye examination at a place where the patient resides, the ophthalmic medical practitioner or optician shall record on the eye examination form the physical or mental illness or disability given by or on behalf of the patient as the reason for the patient not being able to leave home unaccompanied.
Textual Amendments
F2Word in reg. 22(1) substituted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 7(1)(a)
F3Reg. 22(2) substituted (1.4.2019) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 7(1)(c)
F4Words in reg. 22(2) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 10
F5Reg. 22(2A) omitted (1.4.2019) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 7(1)(e)
F6Reg. 22(2B) omitted (1.4.2019) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 7(1)(g)
F7Reg. 22(3)(b) substituted (1.10.2018) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(2), 7(1)(h)
F8Reg. 22(3A)-(3C) 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), 7(1)(i)
22A.—(1) Where an eye examination is a primary eye examination, that examination must not be carried out more frequently than permitted as a condition of remuneration by the Statement.
(2) Where an eye examination is carried out more frequently than permitted as a condition of remuneration by the Statement, it must be undertaken as a supplementary eye examination.]
Textual Amendments
23.—(1) F10... an application for an eye examination under [F11regulation 22(1) must be made F12...]–
(a)on behalf of any person under 16 years of age by either parent, or in the absence of both parents, the guardian or other adult person who has the care of the child;
(b)on behalf of any other person who is incapable of making such an application F13... by–
(i)an adult relative,
(ii)any other adult who has the care of that person, or
(iii)any other adult competent to make such an application F14... in accordance with any rule of law;
(c)on behalf of any person under the age of 18–
(i)who is looked after by a local authority within the meaning of section 17(6) of the Children (Scotland) Act 1995 M1, by a person duly authorised by that authority;
(ii)in the care of a voluntary organisation, by that organisation or by a person authorised by it.
F15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Words in reg. 23(1) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 11(a)(i)
F11Words in reg. 23(1) substituted (1.4.2019) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 9(a)
F12Words in reg. 23(1) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 11(a)(ii)
F13Words in reg. 23(1)(b) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 11(a)(iii)
F14Words in reg. 23(1)(b)(iii) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 11(a)(iv)
F15Reg. 23(2) omitted (1.4.2024) by virtue of The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/38), regs. 1(1), 11(b)
F16Reg. 23(3) omitted (1.4.2019) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2018 (S.S.I. 2018/212), regs. 1(3), 9(c)
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