The National Health Service (Ophthalmic Services) (Wales) Regulations 2023
W.S.I. 2023/1053 · Made 27 September 2023 · Extends to England and Wales
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
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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
- Part 1: General
- 1Title, coming into force and application
- 2Interpretation
- Part 2: Arrangements for ophthalmic services
- 3Duty to arrange eye examinations
- 4General ophthalmic services and primary ophthalmic services
- 4AIssue of orders signed by a qualifying optometrist
- 4BExcessive prescribing
- Part 3: Eligibility and applications for a sight test
- 5Eligibility for a sight test
- 6Application for a sight test
- 7Other services treated as general ophthalmic services
- Part 4: Combined lists
- Chapter 1
- 8Provision of primary ophthalmic services
- 9Qualifications of ophthalmic medical practitioners
- Chapter 2: Preparation and publication of a combined list
- 10Duty to prepare a combined list
- 11Publication of the combined list
- Chapter 3: Inclusion in a list
- 12Application for inclusion in a list
- 13Decisions and grounds for refusal
- 14Conditional inclusion
- 15Deferral of decisions
- 16Requirements with which a qualified practitioner included in a supplementary list must comply
- Chapter 4: Removal etc. from, and readmission to, a list
- 17Removal from a list
- 18Prescribed health schemes
- 19Contingent removal from a supplementary list
- 20Withdrawal from an ophthalmic list
- 21Restrictions on withdrawal from an ophthalmic list
- 22Withdrawal from a supplementary list
- 23Suspension from a supplementary list
- 24Procedure on suspension from a combined list
- 25Readmission
- 26Notifications to Local Health Boards
- 27Notifications by Local Health Boards
- Chapter 5: Reviews and appeals
- 28Appeal to the First-tier Tribunal
- 29Procedure on review of Local Health Board decision
- 30Review periods for national disqualification
- Part 5: Arrangements with qualified practitioners and payment
- 31The Statement
- 32Arrangements for the provision of primary ophthalmic services
- 33Payments for partial services
- 34Payments to suspended qualified practitioners
- 35Overpayments
- Part 6: Miscellaneous
- 36Disclosure of information
- 37Publication of information
- 38Service of documents on contractors
- Part 7: Consequential, revocation, transitional and saving provisions
- 39Consequential amendments to primary legislation
- 40Minor and consequential amendments to secondary legislation
- 41Revocation provisions
- 42Savings and transitional provisions
- Signature
- Schedule 1: Eligibility
- 1Eligibility criteria
- 2Specific evidence of eligibility for certain persons
- Schedule 2: Recognition of ophthalmic medical practitioners
- 1Qualifications of ophthalmic medical practitioners
- 2Approval of qualifications of ophthalmic medical practitioners
- 3Appeals from Ophthalmic Qualifications Committee
- 4Interpretation
- Schedule 3: Combined lists
- Part 1: Information in the combined list
- 1Information in the ophthalmic list
- 2Information in the supplementary list
- Part 2: Information and undertakings to be provided in applications
- 3Ophthalmic lists: information to be included in an application
- 4Ophthalmic lists: undertakings and consent
- 5Supplementary lists: information to be provided in an application
- 6Supplementary lists: undertakings and consents
- 7Declarations
- Part 3: Determination of applications
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 4: Deferral of decisions
- 11Paragraph 11
- Part 5: Removal from a combined list
- 12Procedure for removal under these Regulations
- 13Procedure for removal under the Act
- 14Factors to be considered before removal
- 15Factors relating to unsuitability cases
- 16Factors relating to fraud cases
- 17Factors relating to efficiency cases
- Part 6: Interpretation
- 18Interpretation
- Schedule 4: Terms of Service
- 1Incorporation of provisions
- 2Duty to make available basic glasses
- 3Premises at which primary ophthalmic services are to be provided
- 4Provision of mobile services
- 5Premises and equipment
- 6Displaying of notices
- 7Welsh Language
- 8Times at which primary ophthalmic services must be provided
- 9Records
- 10Alternative records arrangements
- 11Audits
- 12Workforce reporting
- 13Optometry collaborative
- 14Quality improvement and governance
- 15Declarations of Convictions etc.
- 16Applications to other lists
- 17Deputies
- 18Employees
- 19Concerns procedure
- 20Co-operation with investigations
- 21Complaints made against and concerns notified about ophthalmic medical practitioners
- 22Payment claims
- 23Testing of sight
- 24Eye examinations
- 25Refusal to provide services
- 26Referrals
- 27Use of disqualified name
- 28Training
- 29Compliance with legislation and guidance
- Schedule 5: Consequential amendments to primary legislation
- 1Freedom of Information Act 2000
- 2Commissioner for Older People (Wales) Act 2006
- 3Public Services Ombudsman (Wales) Act 2019
- Schedule 6: Minor and consequential amendments to secondary legislation
- 1The National Health Service (Service Committees and Tribunal) Regulations 1992
- 2The National Health Service Pension Scheme Regulations 1995
- 3The National Health Service (Optical Charges and Payments) Regulations 1997
- 4The National Health Service Pension Scheme Regulations 2008
- 5The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011
- 6The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012
- 7The National Health Service Pension Scheme Regulations 2015
- Schedule 7Revocations
- Explanatory note