1A

A contractor, who has made arrangements with the Primary Care Trust to provide mobile services, shall provide suitable equipment for the provision of such services.

1B

A contractor, who was included on the ophthalmic list of a Primary Care Trust on 31st March 2005, and who—

a

does not provide or no longer provides accommodation and equipment, as required under sub-paragraph (1), or equipment as required under sub-paragraph (1A); and

b

is not employed, in relation to the general ophthalmic services which he has undertaken to provide in the area of that Trust, by another contractor,

may, instead of providing the accommodation and equipment, as required under sub-paragraph (1), or equipment as required by sub-paragraph (1A), enter into arrangements of the kind described in sub-paragraph (1C), provided the conditions set out in sub-paragraph (1D) are met.

1C

The arrangements referred to in sub-paragraph (1B) are legally enforceable arrangements under which—

a

requisite, proper and sufficient consulting and waiting room accommodation and suitable equipment; or

b

in the case of the provision of mobile services, suitable equipment;

are available to him for the provision of the general ophthalmic services which he has undertaken to provide, which permit inspection as required under paragraph 4(2) or (2A).

1D

The conditions referred to in sub-paragraph (1B) are that the contractor has satisfied the Primary Care Trust that—

a

the arrangements are legally enforceable and permit inspection as required under paragraph 4(2) or (2A);

b

the accommodation and equipment or, in the case of the provision of mobile services, equipment, provided under the arrangements are adequate and suitable.”;

c

in sub-paragraph (2) for “sub-paragraph (2A)” there shall be substituted “sub-paragraphs (2A) and (3)”

d

in sub-paragraph (2A), for “In the case of a mobile practice, the contractor”, there shall be substituted, “A contractor, who has made arrangements with the Primary Care Trust to provide mobile services,

3

In addition to the right to inspect under sub-paragraph (2A), a contractor, who has made arrangements with the Primary Care Trust to provide mobile services, shall allow an authorised officer of the Secretary of State or that Trust to inspect the facilities and equipment that he uses when providing those services at a location of which he notified the Trust under paragraph 3A(3).

2

Where mobile services are being provided, a notice shall be displayed only in so far as it is reasonably practicable to do so.

5A

If the contractor is a corporate optician, it shall notify the Primary Care Trust within 7 days if one of its directors or a person who was in the preceding six months or was at the time of the originating events one of its directors—

a

is convicted of any criminal offence in the United Kingdom;

b

is bound over following any criminal conviction in the United Kingdom;

c

accepts a police caution in the United Kingdom;

d

has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 199559 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution)60;

e

has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;

f

is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;

g

is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;

h

is notified by any licensing, regulatory or other body anywhere in the world, of the outcome of any investigation into his professional conduct, and there is a finding against him;

i

becomes the subject of any investigation into his professional conduct by any licensing, regulatory or other body;

j

becomes subject to any investigation into his professional conduct in respect of any current or previous employment, or is notified at the outcome of any such investigation and any finding against him;

k

becomes to his knowledge the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud, or is notified of the outcome of such an investigation, where it is adverse;

l

becomes the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to his removal from any list or equivalent list;

m

is removed, contingently removed or suspended from, refused admission to or conditionally included in any list or equivalent list,

and, if so, give the name and address of that director or ex-director and details, including approximate dates, of where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

7

An ophthalmic medical practitioner or optician, who is included in the ophthalmic list of a Primary Care Trust, shall supply that Trust with an enhanced criminal record certificate under section 115 of the Police Act 199761 in relation to himself, if the Primary Care Trust at any time, for reasonable cause, gives him notice to provide such a certificate.

1

Subject to regulation 21 of the Supplementary List Regulations (transitional provisions), a contractor may arrange for sight to be tested on his behalf by an ophthalmic medical practitioner or optician, but no such arrangements shall be made unless the name of that ophthalmic medical practitioner or optician is included in an ophthalmic list or a supplementary list.

1

Subject to regulation 21 of the Supplementary List Regulations (transitional provisions), a contractor may employ to test sight—

a

an ophthalmic medical practitioner or optician, whose name is included in an ophthalmic list or a supplementary list; or

b

a person, who is authorised to test sight by rules made under section 24(3) of the Opticians Act 198962 (testing of sight), acting under the continuous personal supervision of an ophthalmic medical practitioner or optician, whose name is included in an ophthalmic list or a supplementary list.

2

Any such claim shall be—

a

signed by the optician or ophthalmic medical practitioner, whose name is included in an ophthalmic list or a supplementary list and who performed the general ophthalmic services in respect of which the claim is made (“the practitioner”); and

b

in a case where the practitioner is not on the ophthalmic list of that Primary Care Trust, counter-signed on behalf of the contractor by a person (who may be the practitioner), duly authorised by the contractor to counter-sign, whom the contractor has previously notified the Primary Care Trust as being so authorised;

2A

In the case of a claim signed under sub-paragraph (2)(a), the practitioner shall supply, with his signature, his professional registration number with the prefix and suffix given to that number in the ophthalmic list or supplementary list in which the practitioner’s name is included; and

2B

In the case of a claim counter-signed under sub-paragraph (2)(b), the person authorised to counter-sign shall supply, with his counter-signature, the professional registration number of the contractor.

i

refer the patient to an ophthalmic hospital,

ii

inform the patient’s doctor or GP practice that he has done so, and

iii

give the patient a written statement that he has done so, with details of the referral.