The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1988

• Citation: S.I. 1988/543
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1988, and shall come into force for the purposes of regulation 7 on 11th April 1988, and for all other purposes on 1st June 1988.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 .

(3) In these Regulations, except where the context otherwise requires, a reference to a numbered regulation is a reference to the regulation bearing that number in the principal Regulations.

Section 2 Amendments to the principal Regulations

In regulation 2 (interpretation)—

(a) the definitions of “the Order of 1974” and of “Committee” shall be revoked;

(b) the definitions of “Board” and of “constituent Board” shall be revoked and the following substituted:—

“Board” means a Health Board constituted for any area under section 2 of the Act;.

Section 3 Amendments to the principal Regulations

Regulation 6 (ophthalmic list) shall be revoked and the following substituted:—

Ophthalmic List

(6)

(1) The Board shall keep a list called “the Ophthalmic List” of those persons who, pursuant to the provisions of regulation 7, have undertaken to provide general ophthalmic services.

(2) The Ophthalmic List shall be divided into two parts, of which the first part shall relate to ophthalmic medical practitioners, and the second part to opticians.

(3) Each part shall contain—

(a) the names of persons who are entitled to be included therein;

(b) the addresses of any places in the Board’s area at which they have undertaken to provide general ophthalmic services;

(c) particulars of the days on which and hours between which general ophthalmic services will normally be available at such addresses; and

(d) the name of each ophthalmic medical practitioner or optician who is regularly engaged as a deputy, director or employee in the provision of general ophthalmic services at any of these addresses.

(4) The Board shall send a copy of the Ophthalmic List to the Secretary of State, to the area medical committee and to the area optical committee, as appropriate, and shall within fourteen days inform each of them of any change made therein.

Section 4 Amendments to the principal Regulations

In each of regulations 7 (application for inclusion in Ophthalmic List and notification of changes), 8 (withdrawal from Ophthalmic List), 9 (removal from Ophthalmic List), 11 (terms of service), 12 (arrangements for particular districts) and 17 (service of documents on contractors) the words “Committee” and “Committee's” wherever they appear shall be revoked, and the words “Board” and “Board's” inserted in their respective places.

Section 5 Amendments to the principal Regulations

Regulation 16 (publication of particulars) shall be revoked and the following sub-stituted:—

Publication of particulars

(16) Copies of the Ophthalmic List, these regulations, the terms of service and the Statement shall be made available for inspection at the offices of the Board and at such other places in the Board’s area as appear to be convenient for informing any person interested, and shall be kept revised and up to date, but copies of these documents need not be made available at every place at which any of them is made available.

Section 6 Amendments to the principal Regulations

In Schedule 1 to the principal Regulations (terms of service), in each of paragraphs 2(b)(i) and (ii), 4(2), 5, 6(2), 7(2)(a) and 8(4)(a) the word “Committee” shall be revoked and the word “Board” inserted in its place.

Section 7 Amendments to the principal Regulations

In Schedule 1 to the principal Regulations (terms of service):—

(a) in each of paragraphs 4(1) (premises and equipment), 4(2) and 6(2) (records) the words “A contractor” shall be revoked and the words “Subject to paragraph 8(5A), a contractor” inserted in their place;

(b) in paragraph 7(3) (deputies) the following shall be added at the end:—

to the same extent as the contractor for whom he is deputising.;

(c) paragraph 8(5) (employees) shall be revoked and the following substituted:—

(5) A contractor shall be responsible for all acts and omissions of any employee.

(5A) An employee who is himself a contractor shall, with his contractor employer, be jointly responsible for all his own acts and omissions, but with respect to the obligations in paragraphs 4(1) and (2), and 6(2), only to the extent that he has not taken all reasonable steps to secure that these obligations are met.;

(d) in paragraph 10 (testing of sight) sub-paragraph (3)(a) shall be revoked and the following substituted:—

(a) in every case, issue to that patient a prescription for glasses, indicating the power of the lenses required, and immediately thereafter require the patient to acknowledge its receipt on the sight test form for that patient;