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

(1)

S.I. 1986/965. Relevant amending instruments are S.I. 1988/543, S.S.I. 1999/55 and 2001/62.

(2)

Regulation 2 of S.S.I. 2001/62; inserted the definition of “day centres” which is amended by regulation 2(2) of these regulations.

(3)

Regulation 6 was substituted by S.I. 1988/543 and amended by S.I. 1996/843 and 1999/725 and S.S.I. 1999/55, 2001/62 and 2004/36.

(4)

Regulation 7 was amended by S.I. 1988/543 and S.S.I. 1999/55.

(5)

Regulation 8 was amended by S.S.I. 1999/55, 2002/86 and 2004/36.

(6)

Regulation 9 was amended by S.I. 1996/843 and S.S.I. 1999/55.

(7)

Regulation 10 was amended by S.S.I. 1999/55.

(8)

Regulation 12 was amended by S.S.I. 1999/55.

(9)

Regulation 13 was substituted by S.I. 1996/843 and amended by S.I. 1999/725 and S.S.I. 1995/55.

(10)

Regulation 13A was inserted by S.I. 1996/843 and amended by S.I. 1999/725 and S.S.I. 1999/55.

(11)

Regulation 14A was inserted by S.I. 1989/387 and amended by S.S.I. 1999/55 and S.S.I. 2001/62.

(12)

Regulation 16 was substituted by S.I. 1988/543 and amended by S.S.I. 1999/55.

(13)

Regulation 17 was amended by S.S.I. 1999/55 and S.S.I. 2001/62.

(14)

Regulation 14 was substituted by S.I. 1989/387 and amended by S.I. 1995/704, 1996/2353, 1999/725 and S.S.I. 1999/55, 2001/62 and 2003/20 and 432.

(15)

S.S.I. 2001/430; amended by S.S.I. 2002/100, 2003/130 and 2004/66.

(16)

Paragraph 2 was substituted by S.I. 1989/387 and amended by 1996/843 and S.S.I. 1999/55.

(17)

Paragraph 3A was inserted by S.S.I. 2001/62.

(18)

Paragraph 4 was amended by S.I. 1988/543 and 1999/725 and S.S.I. 1999/55.

(19)

Paragraph 5 was substituted by S.I. 1996/843 and 1999/725 and S.S.I. 1999/55.

(20)

Paragraph 7 was amended by S.I. 1988/543 and 1996/843 and S.S.I. 1999/55.

(21)

Paragraph 8 was substituted by S.I. 1996/843 and amended by S.I. 1999/725 and S.S.I. 1999/55.

(22)

Paragraphs 8A and 8B were inserted by S.I. 1996/843.