National Health Service (General Ophthalmic Services) (Amendment) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Ophthalmic Services) Regulations 1986 (“the principal Regulations”), which regulate the terms on which ophthalmic medical practitioners or opticians provide general ophthalmic services under the National Health Service Act 1977 (“the 1977 Act”) in order to implement certain provisions in the Health and Social Care Act 2001.

Regulation 2 adds some additional definitions to regulation 2 of the principal Regulations.

Regulation 3 inserts new regulations 7A to 7D.

• Regulation 7A sets out the grounds on which a Health Authority may or must refuse to include an ophthalmic medical practitioner or optician in the ophthalmic list, and the criteria to which they must have regard.

• Regulation 7B sets out the circumstances in which a Health Authority may defer consideration of an application to include an ophthalmic medical practitioner or optician in the ophthalmic list, and the procedure to be followed.

• Regulation 7C provides for an appeal to the FHSAA against a decision to refuse to include an ophthalmic medical practitioner or optician.

• Regulation 7D allows Health Authorities to impose conditions on an ophthalmic medical practitioner or optician when including the ophthalmic medical practitioner or optician or in the ophthalmic list. The Health Authority may review such conditions and there is an appeal to the FHSAA. The Health Authority may remove the ophthalmic medical practitioner or optician for breach of a condition.

Regulation 4 amends regulation 8 of the principal Regulations to set out the additional circumstances where an ophthalmic medical practitioner or optician cannot withdraw from the ophthalmic list, without the consent of the National Assembly.

Regulation 5 amends regulation 9 of the principal Regulations to add additional grounds for the mandatory removal of an ophthalmic medical practitioner or optician from the list.

Regulation 6 adds new regulations 9A to 9H to give effect to sections 49F to 49R of the Act.

• Regulation 9A extends the definition of a “health scheme” in section 49(8) of the Act.

• Regulation 9B sets out the criteria the Health Authority must take into account when exercising its discretionary powers of removal under section 49F of the Act.

• Regulation 9C sets out the grounds for mandatory removal by the Health Authority of an ophthalmic medical practitioner or optician from the ophthalmic list.

• Regulation 9D provides for a Health Authority to notify specified persons of specified information relating to decisions to remove or suspend an ophthalmic medical practitioner or optician from the medical list.

• Regulation 9E provides the procedure to be followed by Health Authorities on removal of an ophthalmic medical practitioner or optician from the ophthalmic list.

• Regulation 9F provides the procedure to be followed by Health Authorities on suspension of an ophthalmic medical practitioner or optician from the ophthalmic list.

• Regulation 9G provides the procedure to be followed by Health Authorities where the Health Authority decides to review a decision to conditionally include, conditionally remove, or suspend an ophthalmic medical practitioner or optician from the ophthalmic list.

• Regulation 9H amends the statutory period for review set out in section 49N of the Act in specified circumstances.

Regulation 6 substitutes a new regulation 12A into the principal Regulations because the power on which it relies, section 49E of the Act was revoked in the Health and Social Care Act, Schedule 5, paragraph 5. New provision for paying suspended practitioners is made instead.

Regulation 6 also inserts a new regulation 12B into the principal Regulations. This requires an ophthalmic medical practitioner or optician to inform a Health Authority if the ophthalmic medical practitioner or optician applies to be included in another Health Authority list.

Regulation 7 amends Schedule 1 to the principal Regulations (the General Practitioners' terms of service).

• A new requirement is added at paragraph 6A to require an ophthalmic medical practitioner or optician to notify the Health Authority in writing as to whether or not the ophthalmic medical practitioner or optician, or a company of which the ophthalmic medical practitioner or optician is a director, has any criminal convictions or other specified matters by 31st October 2002, and to report any subsequent events of this nature within 7 days.

• Paragraph 6B requires an ophthalmic medical practitioner or optician on the ophthalmic list of a Health Authority to inform it if the ophthalmic medical practitioner or optician, or a company of which the ophthalmic medical practitioner or optician is a director, applies to join another list, or if the ophthalmic medical practitioner or optician becomes a director of a company that is so included, or is applying to be included.

Regulation 8 adds a Schedule 1A to the principal Regulations (information and undertakings to be given when applying to be included in the ophthalmic list). This provides for specified information to be provided. An undertaking is required that the ophthalmic medical practitioner or optician will inform the Health Authority of any changes to the information provided with the application, and to continue to supply prescribed information to the Health Authority once included. The ophthalmic medical practitioner or optician is also required to consent to the Health Authority requesting the ophthalmic medical practitioner’s or optician’s regulatory body to give specified information to the Health Authority.