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The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005

S.I. 2005/480 · Made 2 March 2005

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NATIONAL HEALTH SERVICE

OPTICIANS, ENGLAND

Made 2nd March 2005

Laid before Parliament 10th March 2005

Coming into force

except as provided in regulation 1(2), 1st April 2005

The Secretary of State for Health, in exercise of the powers conferred upon him by sections 38, 39, 43ZA, 43D, 49F, 49I, 49M, 49N, 49O, 49P, 49Q, 49R and 126(4) of the National Health Service Act 1977f1, section 26 of the Opticians Act 1989f2 and section 65 of the Health and Social Care Act 2001f3, and all other powers enabling him in that behalf, hereby makes the following Regulations:

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”. Section 38 was amended by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), s. 1(3); the Health and Medicines Act 1988 (c. 49), s. 13; S.I. 1985/39, art. 7(11); the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule, paragraphs 1 and 27 and by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, paragraphs 1 and 11. Section 39 was amended by the Health Services Act 1980 (c. 53), ss 1, 2 and Schedule 1, paragraph 52; the 1984 Act, s. 1, Schedule 1, paragraph 1, and Schedule 8, Part I; the 1995 Act, s. 2 and Schedule 1, paragraph 28; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraphs 70 and 75; the Health Act 1999 (c. 8) (“the 1999 Act”), s. 9(4); by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), ss 20 and 23 and by the 2002 Act, Schedule 2, paragraphs 1 and 12. Sections 43ZA and 43D were inserted by the 2001 Act, ss 21 and 24 and amended by the 2002 Act, Schedule 2, paragraphs 1, 18 and 20. Sections 49F, 49I, 49L, 49M, 49N, 490, 49P and 49Q were inserted by the 2001 Act, s. 25 and amended by the 2002 Act, Schedule 2, paragraphs 1, 21, 23, 24, 25, 26, 27 and 28. Section 126(4) was amended by the 1990 Act, s. 65(2); by the 1999 Act, Schedule 4, paragraph 37(6) and by the 2001 Act, Schedule 5, paragraph 5(13)(b). As regards Wales, the functions of the Secretary of State under ss 29 and 126(4) of the 1977 Act are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; section 68 of the 2001 Act provides that Schedule 1 shall be construed so as to include the amendments made by that Act to the 1977 Act; these Regulations therefore extend only to England.

f2

1989 c. 44.

f3

2001 c. 15.

Contents

  1. 1Citation, commencement and application
  2. Part I: SUPPLEMENTARY LIST
  3. 2Interpretation
  4. 3Supplementary list
  5. 4Application for inclusion in the supplementary list
  6. 5Readmission
  7. 6Decisions and grounds for refusal
  8. 7Deferment of decision on application
  9. 8Conditional inclusion
  10. 9Requirements with which an ophthalmic medical practitioner or optician in the supplementary list must comply
  11. 10Removal from supplementary list
  12. 11Criteria for a decision on removal
  13. 12Contingent removal
  14. 13Suspension
  15. 14Reviews
  16. 15Appeals
  17. 16Notification
  18. 17Amendment of or withdrawal from supplementary lists
  19. 18Restrictions on withdrawal from lists
  20. 19Review periods on national disqualification
  21. 20Disclosure of information
  22. 21Transitional provisions
  23. Part II: AMENDMENTS TO THE OPHTHALMIC REGULATIONS
  24. 22Interpretation
  25. 23Amendment of regulation 2
  26. 24Amendment of regulation 6
  27. 25Amendment of regulation 7
  28. 26Amendment of regulation 7A
  29. 27Amendment of regulation 7B
  30. 28Amendment of regulation 7C
  31. 29Amendment of regulation 7D
  32. 30Amendment of regulation 8
  33. 31Amendment of regulation 9
  34. 32Amendment of regulation 9B
  35. 33Amendment of regulation 9C
  36. 34Amendment of regulation 9D
  37. 35Amendment of regulation 9E
  38. 36Amendment of regulation 9F
  39. 37Amendment of regulation 9G
  40. 38Insertion of regulation 9I
  41. 39Amendment of Schedule 1
  42. 40Amendment of Schedule 1A
  43. 41Transitional provisions
  44. Part III: CONSEQUENTIAL AMENDMENTS
  45. 42Amendment of the Sight Testing Regulations
  46. 43Amendment of the Charges and Payments Regulations
  47. Signature
  48. Explanatory note