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The National Health Service (Ophthalmic Services) (Wales) Regulations 2023

W.S.I. 2023/1053 · Made 27 September 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2025.

National Health Service, Wales

Made 27 September 2023

Laid before Senedd Cymru 29 September 2023

Coming into force 20 October 2023

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 2, 3, 10, 12(3), 15, 71, 72, 73, 74, 76(6) and (9), 78(6), 104, 105, 106, 107(5) and (7), 110(6)(a), (9) and (10), 115(9), 116, 117, 118, 119(3), (4) and (5), 203(9) and (10), 204(3)(c)(i) and 205 of the National Health Service (Wales) Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 42. See section 206(1) of the National Health Service (Wales) Act 2006 (“the Act”) for the definitions of “prescribed” and “regulations”, which are relevant to the powers being exercised; see sections 15, 71, 72, 73, 74, 76(6) and (9), 104, 105, 106, 107(5) and (7), 110(6)(a), (9) and (10), 115(9), 116, 117, 118, 119(3) and (5), 203(9) and (10), 204(3)(c)(i) and 205. Section 72 was amended by the Protection of Freedoms Act 2012 (c. 9) (“the 2012 Act”), Schedule 9, paragraph 125 and the Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), Schedule 2, paragraph 130. Section 105 was amended by paragraph 128 of Schedule 9 to the 2012 Act and S.I. 2010/22, Schedule 2, paragraph 134. Sections 104 and 110 were amended by paragraphs 133, 135 and 138 of Schedule 2 to S.I. 2010/22, respectively. Section 106 was amended by the Health and Social Care Act 2012 (c. 7) and the Health and Care Act 2022 (c. 31). There are amendments to sections 10 and 203 which are not relevant to these Regulations.

Contents

  1. Part 1: General
  2. 1Title, coming into force and application
  3. 2Interpretation
  4. Part 2: Arrangements for ophthalmic services
  5. 3Duty to arrange eye examinations
  6. 4General ophthalmic services and primary ophthalmic services
  7. 4AIssue of orders signed by a qualifying optometrist
  8. 4BExcessive prescribing
  9. Part 3: Eligibility and applications for a sight test
  10. 5Eligibility for a sight test
  11. 6Application for a sight test
  12. 7Other services treated as general ophthalmic services
  13. Part 4: Combined lists
  14. Chapter 1
  15. 8Provision of primary ophthalmic services
  16. 9Qualifications of ophthalmic medical practitioners
  17. Chapter 2: Preparation and publication of a combined list
  18. 10Duty to prepare a combined list
  19. 11Publication of the combined list
  20. Chapter 3: Inclusion in a list
  21. 12Application for inclusion in a list
  22. 13Decisions and grounds for refusal
  23. 14Conditional inclusion
  24. 15Deferral of decisions
  25. 16Requirements with which a qualified practitioner included in a supplementary list must comply
  26. Chapter 4: Removal etc. from, and readmission to, a list
  27. 17Removal from a list
  28. 18Prescribed health schemes
  29. 19Contingent removal from a supplementary list
  30. 20Withdrawal from an ophthalmic list
  31. 21Restrictions on withdrawal from an ophthalmic list
  32. 22Withdrawal from a supplementary list
  33. 23Suspension from a supplementary list
  34. 24Procedure on suspension from a combined list
  35. 25Readmission
  36. 26Notifications to Local Health Boards
  37. 27Notifications by Local Health Boards
  38. Chapter 5: Reviews and appeals
  39. 28Appeal to the First-tier Tribunal
  40. 29Procedure on review of Local Health Board decision
  41. 30Review periods for national disqualification
  42. Part 5: Arrangements with qualified practitioners and payment
  43. 31The Statement
  44. 32Arrangements for the provision of primary ophthalmic services
  45. 33Payments for partial services
  46. 34Payments to suspended qualified practitioners
  47. 35Overpayments
  48. Part 6: Miscellaneous
  49. 36Disclosure of information
  50. 37Publication of information
  51. 38Service of documents on contractors
  52. Part 7: Consequential, revocation, transitional and saving provisions
  53. 39Consequential amendments to primary legislation
  54. 40Minor and consequential amendments to secondary legislation
  55. 41Revocation provisions
  56. 42Savings and transitional provisions
  57. Signature
  58. Schedule 1: Eligibility
  59. 1Eligibility criteria
  60. 2Specific evidence of eligibility for certain persons
  61. Schedule 2: Recognition of ophthalmic medical practitioners
  62. 1Qualifications of ophthalmic medical practitioners
  63. 2Approval of qualifications of ophthalmic medical practitioners
  64. 3Appeals from Ophthalmic Qualifications Committee
  65. 4Interpretation
  66. Schedule 3: Combined lists
  67. Part 1: Information in the combined list
  68. 1Information in the ophthalmic list
  69. 2Information in the supplementary list
  70. Part 2: Information and undertakings to be provided in applications
  71. 3Ophthalmic lists: information to be included in an application
  72. 4Ophthalmic lists: undertakings and consent
  73. 5Supplementary lists: information to be provided in an application
  74. 6Supplementary lists: undertakings and consents
  75. 7Declarations
  76. Part 3: Determination of applications
  77. 8Paragraph 8
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. Part 4: Deferral of decisions
  81. 11Paragraph 11
  82. Part 5: Removal from a combined list
  83. 12Procedure for removal under these Regulations
  84. 13Procedure for removal under the Act
  85. 14Factors to be considered before removal
  86. 15Factors relating to unsuitability cases
  87. 16Factors relating to fraud cases
  88. 17Factors relating to efficiency cases
  89. Part 6: Interpretation
  90. 18Interpretation
  91. Schedule 4: Terms of Service
  92. 1Incorporation of provisions
  93. 2Duty to make available basic glasses
  94. 3Premises at which primary ophthalmic services are to be provided
  95. 4Provision of mobile services
  96. 5Premises and equipment
  97. 6Displaying of notices
  98. 7Welsh Language
  99. 8Times at which primary ophthalmic services must be provided
  100. 9Records
  101. 10Alternative records arrangements
  102. 11Audits
  103. 12Workforce reporting
  104. 13Optometry collaborative
  105. 14Quality improvement and governance
  106. 15Declarations of Convictions etc.
  107. 16Applications to other lists
  108. 17Deputies
  109. 18Employees
  110. 19Concerns procedure
  111. 20Co-operation with investigations
  112. 21Complaints made against and concerns notified about ophthalmic medical practitioners
  113. 22Payment claims
  114. 23Testing of sight
  115. 24Eye examinations
  116. 25Refusal to provide services
  117. 26Referrals
  118. 27Use of disqualified name
  119. 28Training
  120. 29Compliance with legislation and guidance
  121. Schedule 5: Consequential amendments to primary legislation
  122. 1Freedom of Information Act 2000
  123. 2Commissioner for Older People (Wales) Act 2006
  124. 3Public Services Ombudsman (Wales) Act 2019
  125. Schedule 6: Minor and consequential amendments to secondary legislation
  126. 1The National Health Service (Service Committees and Tribunal) Regulations 1992
  127. 2The National Health Service Pension Scheme Regulations 1995
  128. 3The National Health Service (Optical Charges and Payments) Regulations 1997
  129. 4The National Health Service Pension Scheme Regulations 2008
  130. 5The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011
  131. 6The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012
  132. 7The National Health Service Pension Scheme Regulations 2015
  133. Schedule 7Revocations
  134. Explanatory note