OpenLegislation

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

S.S.I. 2006/135 · Made 10 March 2006 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

NATIONAL HEALTH SERVICE

Made 10th March 2006

Laid before the Scottish Parliament 10th March 2006

Coming into force 1st April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 26, 28A, 32A(7), 32D, 34, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978 M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Marginal citations

M1

1978 c. 29. Section 26 was amended by the Health and Social Security Act 1984 (c. 48), section 1(5) and Schedule 1, Part II, paragraphs 1 and 4 and Schedule 8, the Health and Medicines Act 1988 (c. 49), section 13(4) and is amended by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) (asp 13), sections 13(2) and 19 with effect from 1st April 2006 in terms of S.S.I. 2006/121; section 28A was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and 27(1); section 32A(7) is inserted by the 2005 Act, section 26(7)(d) with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 32D is substituted by the 2005 Act, section 27 with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 34 was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 41(3) and (10) and Schedule 2, Part I, paragraph 46, section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, Part 1, paragraph 24 and the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: QUALIFICATIONS OF OPHTHALMIC MEDICAL PRACTITIONERS
  5. 3Qualifications
  6. 4Approval of qualifications
  7. 5Appeals against determinations of Ophthalmic Qualifications Committee
  8. Part III: OPHTHALMIC LIST
  9. 6Ophthalmic List
  10. 7Application for inclusion in Ophthalmic List and notification of changes
  11. 8Grounds for refusal of application
  12. 9Deferment of decision on application
  13. 10Withdrawal from Ophthalmic List
  14. 11Suspension
  15. 12Removal from Ophthalmic List
  16. 13Re inclusion in Ophthalmic List
  17. 14Disclosure of information
  18. 15Requirements with which an ophthalmic medical practitioner or optician included in an Ophthalmic List must comply
  19. 16Effect to be given to corresponding decisions in England, Wales and Northern Ireland
  20. Part IV: GENERAL ARRANGEMENTS
  21. 17The Statement
  22. 18Terms of service
  23. 19Arrangements for particular districts
  24. 20Payment
  25. 21Payments to ophthalmic medical practitioners and opticians suspended
  26. 21AInspection of Practice Premises
  27. Part V: PROCEDURE FOR CHOOSING CONTRACTOR
  28. 21BEmergency eye examination
  29. 22Application for an eye examination
  30. 22AFrequency of eye examinations
  31. 23Application on behalf of children or incapable persons
  32. Part VI: MISCELLANEOUS
  33. 24Publication of particulars
  34. 25Service of documents
  35. 26Revocation, savings and transitional provisions
  36. Signature
  37. Schedule 1: TERMS OF SERVICE
  38. 1Interpretation
  39. 2Incorporation of provisions
  40. 3Certificate of training
  41. 3AMandatory training
  42. 4Premises at which general ophthalmic services are to be provided
  43. 5Visits Repealed
  44. 6Premises and equipment
  45. 7Notices
  46. 8Records
  47. 9Deputies
  48. 10Employees
  49. 11Complaints, concerns, comments, feedback
  50. 12Co-operation with investigations
  51. 13Payments
  52. 14Eye examinations
  53. 14AGeneral ophthalmic services for anterior eye conditions
  54. 15Use of disqualified name
  55. Schedule 2
  56. Part A: INFORMATION, CERTIFICATES, LEVEL 2 DISCLOSURES, LEVEL 2 DISCLOSURE APPLICATIONS, PVG SCHEME LEVEL 2 DISCLOSURES, CONSENTS, DECLARATIONS AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE FIRST PART OF THE OPHTHALMIC LIST
  57. 1Paragraph 1
  58. 2Paragraph 2
  59. 3Paragraph 3
  60. 4Paragraph 4
  61. Part B: INFORMATION, CONSENTS, DECLARATIONS, CERTIFICATES, LEVEL 2 DISCLOSURES, LEVEL 2 DISCLOSURE APPLICATIONS, PVG SCHEME LEVEL 2 DISCLOSURES AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE SECOND PART OF THE OPHTHALMIC LIST
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. Part C: DECLARATIONS TO BE PROVIDED IN TERMS OF REGULATION 26(6)
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. Schedule 3PRIMARY EYE EXAMINATION Repealed
  70. Schedule 4: SUPPLEMENTARY EYE EXAMINATION Repealed
  71. THE TESTS AND PROCEDURES SPECIFIED FOR THE PURPOSE OF THE DEFINITION OF SUPPLEMENTARY EYE EXAMINATION IN REGULATION2(1) Repealed
  72. 1Paragraph 1 Repealed
  73. 2Paragraph 2 Repealed
  74. Schedule 5: RECORDS Repealed
  75. 1Paragraph 1 Repealed
  76. Schedule 6REGULATIONS REVOKED
  77. Explanatory note