National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2007

Welsh Statutory Instruments

2007 No. 122 (W.12)

NATIONAL HEALTH SERVICE, WALES

National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2007

Made

23 January 2007

Coming into force

25 January 2007

The National Assembly for Wales in exercise of the powers conferred by sections 38, 39 and 126(4) of the National Health Service Act 1977(1) hereby makes the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2006 which come into force on 25 January 2007.

(2) These Regulations apply in relation to Wales.

Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

2.—(1) The National Health Service (General Ophthalmic Services) Regulations 1986(2) will be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “corporate optician”, substitute—

““corporate optician” means a body corporate registered in the register of bodies corporate maintained under section 9 of the Opticians Act 1989(3), which is carrying on business as an optometrist;” and

(b) for the definition of “optician” substitute—

““optician” means a person registered in the register of optometrists maintained under section 7 (register of opticians) of the Opticians Act 1989 or a corporate optician;”.

(3) In regulation 9C(1) (cases where a practitioner must be removed), after sub-paragraph (e), add—

“(f) in the case of an optician, is the subject of a direction made by the Fitness to Practise Committee of the General Optical Council other than in a health case to erase his or her name from the appropriate register or suspend his or her registration under section 13F(3)(a) or (b), (7)(a) or (b) or (13)(a) or (b) (powers of the Fitness to Practise Committee) of the Opticians Act 1989.

(1A) In paragraph (1), “health case” has the meaning given to it in section 13G(6) of the Opticians Act 1989.”.

(4) In regulation 10(1) (the Statement)—

(a) after “as to” insert—

• “—”; and

  (a)

  ”; and

(b) at the end add—

• “and

  (b)

  the allowances to be paid in respect of continuing education and training by ophthalmic medical practitioners and opticians other than corporate opticians.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

D. Elis-Thomas

The Presiding Officer of the National Assembly

23 January 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”) so as to make minor consequential changes following the amendment of the Opticians Act 1989 (“the Act”) by the Opticians Act 1989 (Amendment) Order 2005 (“the Order”).

The Regulations also amend the 1986 Regulations to provide that the Assembly may make provision in a determination as to allowances to be paid in respect of continuing education and training by ophthalmic medical practitioners and opticians other than corporate opticians.

(1)

1977 c. 49.

(2)

S.I. 1986/975.

(3)

1989 c. 44.

(4)

1998 c. 38.