The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2004

Citation and commencement

1.  These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2004 and shall come into force on 4th March 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 regulation 6(1) (ophthalmic list)(2)–

(a) for “30(1), 31” substitute “29B(2), 30(2) or (5), 31(1)(b)(3)”; and

(b) after “Act” insert “or who may not be added by virtue of the provisions of regulation 26(1) (practitioner subject to an inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004(4)”.

(3) In regulation 8(a) (withdrawal from ophthalmic list)–

(a) for “that the continued inclusion of a contractor in the Ophthalmic List would be prejudicial to the efficiency of the general ophthalmic services” substitute “(the NHS Tribunal), or a request for review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and

(b) after “representations” in the second place where it occurs insert “, request for review or review”.

(4) In Schedule 1 (terms of service)–

(a) in paragraph 7(1)(a) (deputies)(5) and in paragraph 8(3)(a) (employees)(6)–

(i) for “29(3)(b)” substitute “29B(2)(b) or 30(2) or (5)”; and

(ii) for “29(3)(c)” substitute “29B(3) or 30(6)”; and

(b) in paragraph 11(1) (use of disqualified name)(7)–

(i) omit “under section 29 of the Act”; and

(ii) for “30(1), 31” substitute “29B(2), 30(2) or (5), 31(1)(b)”.

MALCOLM CHISHOLM

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

2nd February 2004