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The General Ophthalmic Services Contracts Regulations 2008

S.I. 2008/1185 · Made 28 April 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

National Health Service, England

Made 28th April 2008

Laid before Parliament 6th May 2008

Coming into force 1st August 2008

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 28WB, 28WC, 28WE, 28WF and 126(4) of the National Health Service Act 1977f1 and section 9(8) of the National Health Service Act 2006f2.

Annotations to the whole text

Footnotes

f1

1977 c.49 (“the 1977 Act”); see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c.19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Sections 28WB, 28WC and 28WF were inserted by the Health Act 2006 (c.28) (“the 2006 Act”), section 38. Section 126(4) was amended by the 1990 Act, s. 65(2); by the Health Act 1999 (c.8), Schedule 4, paragraph 37(6), by the Health and Social Care Act 2001 (c.15) (“the 2001 Act”), Schedule 5, paragraph 5(13)(b) and by the 2006 Act, section 80 and Schedule 8, paragraph 23. As regards Wales, the functions of the Secretary of State under sections 29 and 126(4) of the 1977 Act are transferred to Welsh Ministers under section 58 of, and Schedule 1 to, the Government of Wales Act 2006 (c. 32); these Regulations therefore extend only to England.

f2

2006 c. 41.

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Contractors
  5. 3Conditions: introductory
  6. 4Persons eligible to enter into GOS contracts
  7. 5Reasons
  8. 6Appeals and contract disqualifications
  9. Part 3: Pre-contract Dispute Resolution
  10. 7Pre-contract disputes
  11. Part 4: Health Service Body Status
  12. 8Health service body status
  13. Part 5: Contracts: Required Terms
  14. 9Parties to the contract
  15. 10NHS contracts
  16. 11Contracts with individuals practising in partnership
  17. 12Duration
  18. 13Testing of sight
  19. 14Services: general
  20. 15Finance
  21. 16Fees, charges and financial interests of the contractor
  22. 17Arrangements on termination
  23. 18Other contractual terms: mandatory services
  24. 19Other contractual terms: additional services
  25. Part 6: Transitional Provision
  26. 20Commencement of contract
  27. Signature
  28. Schedule 1: OTHER CONTRACTUAL TERMS
  29. Part 1: Patients
  30. 1Persons to whom mandatory services are to be provided
  31. Part 2: Provision of Services
  32. 2Mixing of services provided under the contract with private services
  33. 3Premises, equipment and facilities
  34. 4Telephone services
  35. 5Safety of the Public
  36. Part 3: Persons Who Perform Services
  37. 6Ophthalmic practitioners
  38. 7Performers: registration and further requirements
  39. 8Conditions for employment: ophthalmic practitioners performing ophthalmic services
  40. 9Conditions for employment: persons assisting in the provision of services under the contract
  41. 10Level of skill
  42. Part 4: Records, Information, Notifications, Name and Rights of Entry
  43. 11Patient records
  44. 12Confidentiality of personal data
  45. 13Patient information
  46. 14Provision of and access to information: PCT
  47. 15Use of disqualified name
  48. 16Notification to the PCT
  49. 17Notice provisions specific to a contract with a corporate body
  50. 18Notice provisions specific to a contract with two or more individuals practising in partnership
  51. 19Entry and inspection by the PCT
  52. 20Entering and viewing under the Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008
  53. 21Other rights of entry and inspection
  54. Part 5: Complaints
  55. 22Complaints procedure
  56. 23Making of complaints
  57. 24Period for making complaints
  58. 25Further requirements for complaints procedures
  59. 26Co-operation with investigations
  60. 27Provision of information
  61. Part 6: Dispute Resolution
  62. 28Local resolution of contract disputes
  63. 29Dispute resolution: non-NHS contracts
  64. 30NHS dispute resolution procedure
  65. 31Determination of dispute
  66. 32Interpretation of Part 6
  67. Part 7: Variation and Termination of Contracts
  68. 33Variation of a contract: general
  69. 34Variation provisions specific to a contract with an individual
  70. 35Variation provisions specific to a contract with two or more individuals practising in partnership changing to a contract with an individual
  71. 36Variation provisions specific to a contract with two or more individuals practising in partnership increasing the number of partners
  72. 37Termination by agreement
  73. 38Termination on the death of an individual contractor
  74. 39Termination by the contractor
  75. 40Late payment notices
  76. 41Termination by the PCT: general
  77. 42Termination by the PCT: contractor’s inability to perform services
  78. 43Termination by the PCT for the provision of untrue etc. information
  79. 44Termination by the PCT on grounds of suitability etc.
  80. 45Immediate Termination by the PCT
  81. 46Termination by the PCT: remedial notices and breach notices
  82. 47Termination by the PCT: additional provisions
  83. 48Contract sanctions
  84. 49Contract sanctions and the NHS dispute resolution procedure
  85. 50Termination and the NHS dispute resolution procedure
  86. Part 8: Miscellaneous
  87. 51Insurance: negligent performance and public liability
  88. 52Gifts
  89. 53Compliance with legislation and guidance
  90. 54Third party rights
  91. 55Signing of documents
  92. Schedule 2: ADDITIONAL SERVICES
  93. 1Contents of the contract and interpretation
  94. 2Recording of details
  95. 3Provision of information
  96. 4Inspection of premises where additional services are being provided
  97. 5Facilities and equipment
  98. 6Notice of provision of additional services
  99. 7Improper inducements and advice
  100. Schedule 3: APPLICATIONS FOR A CONTRACT
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. Schedule 4PATIENT INFORMATION LEAFLET
  111. Explanatory note