The Contact Lens (Specification) and Miscellaneous Amendments Regulations 2005

• Citation: S.I. 2005/1481
• Sections: 5

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Contact Lens (Specification) and Miscellaneous Amendments Regulations 2005 and shall come into force on 30th June 2005.

(2) Regulations 2 and 5 apply in relation to England and Wales and Scotland.

(3) Regulations 3 and 4 apply in relation to England only.

Section 2 Duty to provide Contact Lens Specification

Where a registered medical practitioner issues a specification to an individual to whom he has fitted a contact lens, pursuant to section 25(5) of the Opticians Act 1989 , it shall contain the following particulars—

(a) the name and address of the individual;

(b) if the individual has not attained the age of sixteen on the day the specification is issued, his date of birth;

(c) the name of that practitioner and his registration number in the General Medical Council’s register of registered medical practitioners;

(d) the address from which that practitioner practises;

(e) the name of the practice on whose premises the fitting was done;

(f) the date the fitting was completed;

(g) sufficient details of any lens fitted to enable a person who fits or supplies a contact lens to replicate the lens;

(h) the date the specification expires; and

such information of a clinical nature as that practitioner considers to be necessary in the particular case.

Section 3 Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

(1) The National Health Service (General Ophthalmic Services) Regulations 1986 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “corporate optician”, substitute—

“corporate optician” means a body corporate registered in the register of bodies corporate maintained under section 9 of the Opticians Act 1989, which is carrying on business as an optometrist;

(b) for the definition of “optician” substitute—

“optician” means a person registered in the register of optometrists maintained under section 7 (register of opticians) of the Opticians Act 1989 or a corporate optician;

(3) In regulation 9C(1) (cases where the Primary Care Trust must remove an ophthalmic medical practitioner or optician) , after sub-paragraph (e), add—

(f) in the case of an optician, is the subject of a direction made by the Fitness to Practise Committee of the General Optical Council other than in a health case to erase his name from the appropriate register or suspend his registration under section 13F(3)(a) or (b), (7)(a) or (b) or (13)(a) or (b) (powers of the Fitness to Practise Committee) of the Opticians Act 1989 .

(1A) In paragraph (1), “health case” has the meaning given to it in section 13G(6) of the Opticians Act 1989 .

(4) In regulation 10(1) (the Statement) —

(a) after “as to” insert

—

(a) ; and b at the end add—

and

(b) the allowances to be paid in respect of continuing education and training by ophthalmic medical practitioners and opticians other than corporate opticians.

Section 4 Amendment of the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

(1) The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 shall be amended in accordance with this regulation.

(2) At the end of regulation 6 (decisions and grounds for refusal) add paragraph (7)—

(7) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician under paragraph (6)(b), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.

(3) In regulation 10 (removal from supplementary list)—

(a) in paragraph (1), after sub-paragraph (g), insert sub-paragraph (gg)—

(gg) in the case of an optician, is the subject of a direction made by the Fitness to Practise Committee of the General Optical Council other than in a health case to erase his name from the appropriate register or suspend his registration under section 13F(3)(a) or (b), (7)(a) or (b) or (13)(a) or (b) (powers of the Fitness to Practise Committee) of the Opticians Act.

(b) after paragraph (1), insert paragraph (1A)—

(1A) In paragraph (1), “health case” has the meaning given to it in section 13G(6) of the Opticians Act 1989 .

(c) in paragraph (8)(d), omit the comma after “requests”.

(4) In regulation 13(4) (suspension), for “paragraph (1) or (2)”, substitute “paragraph (2) or (3)”.

(5) In regulation 14 (reviews), after paragraph (7), insert paragraph (7A)—

(7A) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician under paragraph (7)(c), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.

(6) In regulation 21 (transitional provisions), after paragraph (13), insert paragraph (13A)—

(13A) When the Primary Care Trust notifies the ophthalmic medical practitioner or optician of its decision under paragraph (13), it shall also inform him that if he wishes to exercise a right of appeal he must do so within the period of 28 days beginning with the date on which it gave him the notice informing him of its decision, and shall tell him how to exercise any such right.

Section 5 Amendment of the Sight Testing Regulations

In regulation 4 of the Sight Testing (Examination and Prescription) (No.2) Regulations 1989 (exceptions to the duty to issue a prescription or statement)—

(a) at the end of paragraph (b), omit “or”; and

(b) after paragraph (c), insert—

; or

(d) the patient is being fitted with contact lenses as part of the medical or clinical treatment provided for an eye condition.