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The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 3) Regulations 2004

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1.—(1) These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 3) Regulations 2004.

(2) Subject to paragraph (3) these Regulations shall come into force on 1st April 2004.

(3) Regulation 2(5) shall come into force on 6th April 2004.

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

2.—(1) The National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986(1) are amended as follows.

(2) In the following regulations omit the words “or primary care NHS trust” in each place where they occur:–

  • regulation 2(1) (interpretation)(2);

  • regulation 6 (ophthalmic list)(3);

  • regulation 7 (application for inclusion in ophthalmic list and notification of charges)(4);

  • regulation 8 (withdrawal from ophthalmic list)(5);

  • regulation 9 (removal from ophthalmic list)(6);

  • regulation 10 (the statement)(7);

  • regulation 12 (arrangements for particular districts)(8);

  • regulation 13 (payment for services)(9);

  • regulation 13A (payments to contractors suspended by direction of the Tribunal)(10);

  • regulation 14A (sight test – applications)(11);

  • regulation 16 (publication of particulars)(12);

  • regulation 17 (service of documents on contractors)(13).

(3) In regulation 6 (ophthalmic list)–

(a)in paragraph (1) omit “the appropriate part of the Board’s area” and substitute “its area”; and

(b)in paragraph (3)(b) omit “appropriate part of the Board’s area” and substitute “Board’s area”.

(4) In regulation 13(1) (ophthalmic list) omit “the appropriate part of the Board’s area” and substitute “its area”.

(5) In regulation 14(2)(e) (sight test – eligibility)(14) after “requirements as so calculated” insert “or exceeds his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(15)”.

(6) In Schedule 1 (terms of service)–

(a)omit the words “or primary care NHS trust” in each place where they occur in–

  • paragraph 2 (incorporation of provisions)(16);

  • paragraph 3A (visits)(17);

  • paragraph 4 (premises and equipment)(18);

  • paragraph 5 (notices)(19);

  • paragraph 7 (deputies)(20);

  • paragraph 8 (employees)(21);

  • paragraphs 8A and 8B (complaints)(22); and

(b)in paragraph 6 (records) omit the words “, the Board, or the primary care NHS trust” in each place where they occur and substitute the words “or the Board”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th March 2004

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