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

Application for inclusion in Ophthalmic List and notification of changes

7.—(1) An ophthalmic medical practitioner or optician who wishes to be included in the Ophthalmic List of a Board shall submit to that Board a written application to that effect, which shall state whether the applicant is an ophthalmic medical practitioner, a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989, or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist, and whether the applicant wishes to be included in the first part of the Ophthalmic List, or in the second part of that list, and shall include–

(a) in the case of an application to be included in the first part of that list an undertaking to provide general ophthalmic services and to comply with the terms of service;

(b) in the case of an application to be included in the second part of that list, an undertaking to comply with paragraphs 1, 2, 3, 4(2), 8(1) and (2), 12, 13(2)(b), (3) and (4), and 14 of the terms of service.

(c) the information, as respect the matters specified in regulation 6(3) or (4) (as the case may be), which it is proposed shall be contained in the Ophthalmic List;

(d) in the case of an application to be included in the first part of that list, the information, certificates, undertakings, consents and declarations set out in Part A of Schedule 2; or

(e) in the case of an application to be included in the second part of that list, the information, certificates, undertakings, consents and declarations set out in Part B of Schedule 2.

(2) An ophthalmic medical practitioner or optician whose name appears on the Ophthalmic List shall within 14 days of any change or addition affecting the entries which that list is required to contain in relation to that person, notify the Board accordingly.

(3) Before determining an application submitted under paragraph (1), a Board shall–

(a) check the information provided by the applicant and any documents which the applicant is required to produce in terms of these Regulations;

(b) take up the references that the applicant has provided in accordance with paragraph l(l) of Part A, or 1(g) of Part B, of Schedule 2; and

(c) check with the Agency whether the applicant has any record of fraud, or is currently, or at any time has been, the subject of any investigation by the Agency, which information the Agency shall supply unless it would prejudice any criminal proceedings or the prevention, detection or investigation of fraud.

(4) If a Board considers that further information or documents, in addition to the documents, information and undertakings provided by the applicant in accordance with paragraph (1), are necessary to determine the applicant’s application, the Board shall require the applicant to provide such further information or documents as are necessary before the Board shall determine an application in accordance with this regulation.

(5) Where information about an applicant’s previous conviction, including information disclosed by means of an enhanced criminal record certificate, or any other information or documents disclosed or provided to, or the investigations carried out by, the Board in terms of this regulation lead the Board to consider that there may be grounds for referral to the Tribunal then the Board may refer the matter to the Tribunal.

(6) In the case of an application to a Board by a ophthalmic medical practitioner or optician who is included in either part of the Ophthalmic List for inclusion in the other part of that list, that person shall only be required to provide the information required by paragraphs (1), (2, (3) and (4) insofar as–

(a) that person has not already supplied such information to that Board; or

(b) the information has changed since it was provided.

(7) Any person who is not an optician, but expects to become so on successful completion of that person’s training, may make an application to a Board to be included in either part of its Ophthalmic List not more than 4, and not less then 3, months before that person anticipates being registered in the register of optometrists maintained under section 7 of the Opticians Act 1989.

(8) An application under paragraph (7) shall contain–

(a) all information, certificates, undertakings, consents and declarations mentioned in paragraph (1), except that required by sub paragraphs 1(b) and (c) and 3 of Part A, or paragraphs 1(b) and (c) and 3 of Part B of Schedule 2;

(b) the undertakings and consents required by Schedule 2; and

(c) any declaration required under Schedule 2.

(9) In the application of these Regulations to any application under paragraph (7), any reference to an optician shall be taken as being a reference to an applicant under paragraph (7).

(10) An applicant under paragraph (7) shall provide the information required by paragraphs 1(b) and (c) and 3 of Part A, or 1(b) and (c) and 3 of Part B, of Schedule 2 as soon as the applicant has been notified by the General Optical Council that the applicant has been admitted to the register, and the Board shall then, provided–

(a) the requirements of paragraphs (7) and (8) have been complied with;

(b) the Board has not sought further information, references or documentation under regulation 7(4); and

(c) the Board has not deferred the application under regulation 10,

decide the application within 7 days of receiving the information required under paragraphs 1(b)(c) and 3 of Part A, or 1(b)(c) and 3 of Part B, of Schedule 2.