The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1999

• Citation: S.I. 1999/725
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1999 and shall come into force on 1st April 1999.

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

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation)–

(a) In paragraph (1)–

(i) after the definition of “the 1984 Act” there is inserted–

“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;

(ii) in the definition of “capital limit” for “section 22(6) of the Social Security Act 1986” there is substituted section 134(1) of the Social Security Contributions and Benefits Act 1992 ;

(iii) in the definition of “family credit” for “Part II of the Social Security Act 1986” there is substituted “Part VII of the Social Security Contributions and Benefits Act 1992”;

(iv) for the definition of “income support” there is substituted the following definition:–

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992.

(v) after the definition of “ophthalmic medical practitioner” there is inserted–

“Ophthalmic officer” means an ophthalmic medical practitioner, ophthalmic optician or ophthalmologist in the service of the Agency;

(b) after paragraph (1) there is inserted the following new paragraph:–

(1A)A) reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of a Board.

Section 3 Amendment of regulation 3 of the principal Regulations

In regulation 3 of the principal Regulations (qualifications)–

(a) in paragraph (1)(b)(ii), for “the Diploma in Ophthalmology awarded conjointly by the Royal College of Physicians of London and the Royal College of Surgeons of England,” there is substituted “the Membership of the Royal College of Ophthalmologists,”; and

(b) paragraph (1)(c) is omitted.

Section 4 Amendment of regulation 6 of the principal Regulations

In regulation 6 of the principal Regulations (ophthalmic list) for paragraph (4) there is substituted–

(4) The Board shall–

(a) send to the Secretary of State, the Agency, the area medical committee and the area optical committee, as appropriate, a copy of its ophthalmic list; and

(b) notify the Agency within 7 days and the Secretary of State, area medical committee and area optical committee within 14 days of any alterations to its ophthalmic list.

Section 5 Amendment of regulation 13 of the principal Regulations

In regulation 13 of the principal Regulations (payment for services) –

(a) in paragraph (2) for “a Board” there is substituted “the Agency”;

(b) in paragraph (3) for “a Board” there is substituted “the Agency” and in sub-paragraph (b) for “regulation 8(1)” there is substituted “regulation 4(1)” and for “regulation 12” there is substituted “regulation 8”;

(c) in paragraph (5) for “Board” in both places where it occurs there is substituted “Agency”.

Section 6 Amendment of regulation 13A of the principal Regulations

In regulation 13A of the principal Regulations (payments to contractors suspended by direction of the Tribunal) in paragraph (1) after “shall” there is inserted “authorise the Agency to”.

Section 7 Amendment of regulation 14 of the principal Regulations

In regulation 14 of the principal Regulations (sight tests – eligibility) –

(a) after paragraph (1)(b) there is inserted–

(bb) a person who is aged 60 years or more;

(b) at the end of paragraph (1)(f) there is inserted “, or has been advised by an ophthalmologist that he is predisposed to the development of glaucoma”;

(c) after paragraph (2) there is inserted–

(2A) In paragraph (1)(f) “ophthalmologist” means a doctor whose name is included in the register of specialists kept by the General Medical Council under article 8 of the European Specialist Medical Qualifications Order 1995 and in respect of whom that register indicates his specialty to be ophthalmology.

Section 8 Amendment of regulation 14B of the principal Regulations

In regulation 14B of the principal Regulations (sight test treated as a test under general ophthalmic services) –

(a) in paragraph (2) for “the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989” there is substituted “the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 ”; and

(b) in paragraphs (3) and (4) for “Board” there is substituted “Agency”.

Section 9 Amendment of regulation 15 of the principal Regulations

In regulation 15 of the principal Regulations (application on behalf of children or incapable persons) –

(a) in paragraph (1) for “may” in both places where it occurs there is substituted “shall”;

(b) for sub-paragraph (1)(c)(i) there is substituted–

(i) who is looked after by a local authority within the meaning of section 17(6) of the Children (Scotland) Act 1995 , by a person duly authorised by that authority;

Section 10 Amendment of Schedule 1 to the principal Regulations

(1) Schedule 1 to the principal Regulations (terms of service) is amended as follows.

(2) In paragraph 4 (premises and equipment) for sub-paragraph (2) there is substituted–

(2) Subject to paragraph 8(5A), a contractor, on receipt of a written request, shall admit at all reasonable times for the purposes of inspecting such accommodation or equipment an ophthalmic officer or any authorised officer of the Secretary of State or the Board or member of the Board.

(3) In paragraph 5 (notices) for “the National Health Service (Optical Charges and Payments) (Scotland) Regulation 1989” there is substituted “the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998”.

(4) In paragraph 6 (records) for sub-paragraph (2) there is substituted–

(2) A contractor shall retain all such records for a period of 3 years.

(3) The contractor shall, during the period in which he is required to retain such records, produce them to any authorised officer of the Secretary of State, the Agency or the Board within such period, being not less than 14 days, as such authorised officer of the Secretary of State, the Agency or the Board may specify.

(5) In paragraph 8 (employees) in sub-paragraph (2)(b) for “section 20(3) of the Opticians Act 1958” there is substituted “section 24(3) of the Opticians Act 1989 ”.

(6) In paragraph 8A (complaints) in sub-paragraph (5)(a)(ii) for “under Part II of the Social Work (Scotland) Act 1968” there is substituted “within the meaning of section 17(6) of the Children (Scotland) Act 1995”.

(7) In paragraph 9 (payments)–

(a) in sub-paragraph (1) for “Board in whose area the services were provided” there is substituted “Agency”;

(b) in sub-paragraph (6) for “Board” in both places where it occurs there is substituted “Agency”.

(8) In paragraph 10(1) (testing of sight) for “Section 20B of the Opticians Act 1958” there is substituted “section 26 of the Opticians Act 1989”.

(9) In paragraph 11 (use of disqualified name) for “Opticians Act 1958” there is substituted “Opticians Act 1989”.