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The National Health Service (Ophthalmic Services) (Wales) Regulations 2023

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  1. Introductory Text

  2. PART 1 General

    1. 1.Title, coming into force and application

    2. 2.Interpretation

  3. PART 2 Arrangements for ophthalmic services

    1. 3.Duty to arrange eye examinations

    2. 4.General ophthalmic services and primary ophthalmic services

  4. PART 3 Eligibility and applications for a sight test

    1. 5.Eligibility for a sight test

    2. 6.Application for a sight test

    3. 7.Other services treated as general ophthalmic services

  5. PART 4 Combined lists

    1. CHAPTER 1

      1. 8.Provision of primary ophthalmic services

      2. 9.Qualifications of ophthalmic medical practitioners

    2. CHAPTER 2 Preparation and publication of a combined list

      1. 10.Duty to prepare a combined list

      2. 11.Publication of the combined list

    3. CHAPTER 3 Inclusion in a list

      1. 12.Application for inclusion in a list

      2. 13.Decisions and grounds for refusal

      3. 14.Conditional inclusion

      4. 15.Deferral of decisions

      5. 16.Requirements with which a qualified practitioner included in a supplementary list must comply

    4. CHAPTER 4 Removal etc. from, and readmission to, a list

      1. 17.Removal from a list

      2. 18.Prescribed health schemes

      3. 19.Contingent removal from a supplementary list

      4. 20.Withdrawal from an ophthalmic list

      5. 21.Restrictions on withdrawal from an ophthalmic list

      6. 22.Withdrawal from a supplementary list

      7. 23.Suspension from a supplementary list

      8. 24.Procedure on suspension from a combined list

      9. 25.Readmission

      10. 26.Notifications to Local Health Boards

      11. 27.Notifications by Local Health Boards

    5. CHAPTER 5 Reviews and appeals

      1. 28.Appeal to the First-tier Tribunal

      2. 29.Procedure on review of Local Health Board decision

      3. 30.Review periods for national disqualification

  6. PART 5 Arrangements with qualified practitioners and payment

    1. 31.The Statement

    2. 32.Arrangements for the provision of primary ophthalmic services

    3. 33.Payments for partial services

    4. 34.Payments to suspended qualified practitioners

    5. 35.Overpayments

  7. PART 6 Miscellaneous

    1. 36.Disclosure of information

    2. 37.Publication of information

    3. 38.Service of documents on contractors

  8. PART 7 Consequential, revocation, transitional and saving provisions

    1. 39.Consequential amendments to primary legislation

    2. 40.Minor and consequential amendments to secondary legislation

    3. 41.Revocation provisions

    4. 42.Savings and transitional provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Eligibility

      1. 1.Eligibility criteria

      2. 2.Specific evidence of eligibility for certain persons

    2. SCHEDULE 2

      Recognition of ophthalmic medical practitioners

      1. 1.Qualifications of ophthalmic medical practitioners

      2. 2.Approval of qualifications of ophthalmic medical practitioners

      3. 3.Appeals from Ophthalmic Qualifications Committee

      4. 4.Interpretation

    3. SCHEDULE 3

      Combined lists

      1. PART 1 Information in the combined list

        1. 1.Information in the ophthalmic list

        2. 2.Information in the supplementary list

      2. PART 2 Information and undertakings to be provided in applications

        1. 3.Ophthalmic lists: information to be included in an application

        2. 4.Ophthalmic lists: undertakings and consent

        3. 5.Supplementary lists: information to be provided in an application

        4. 6.Supplementary lists: undertakings and consents

        5. 7.Declarations

      3. PART 3 Determination of applications

        1. 8.The grounds on which a Local Health Board must refuse...

        2. 9.The grounds on which a Local Health Board may refuse...

        3. 10.(1) Where the Local Health Board is considering a refusal...

      4. PART 4 Deferral of decisions

        1. 11.(1) The circumstances referred to in regulation 15 are—

      5. PART 5 Removal from a combined list

        1. 12.Procedure for removal under these Regulations

        2. 13.Procedure for removal under the Act

        3. 14.Factors to be considered before removal

        4. 15.Factors relating to unsuitability cases

        5. 16.Factors relating to fraud cases

        6. 17.Factors relating to efficiency cases

      6. PART 6 Interpretation

        1. 18.Interpretation

    4. SCHEDULE 4

      Terms of Service

      1. 1.Incorporation of provisions

      2. 2.Duty to make available basic glasses

      3. 3.Premises at which primary ophthalmic services are to be provided

      4. 4.Provision of mobile services

      5. 5.Premises and equipment

      6. 6.Displaying of notices

      7. 7.Welsh Language

      8. 8.Times at which primary ophthalmic services must be provided

      9. 9.Records

      10. 10.Alternative records arrangements

      11. 11.Audits

      12. 12.Workforce reporting

      13. 13.Optometry collaborative

      14. 14.Quality improvement and governance

      15. 15.Declarations of Convictions etc.

      16. 16.Applications to other lists

      17. 17.Deputies

      18. 18.Employees

      19. 19.Concerns procedure

      20. 20.Co-operation with investigations

      21. 21.Complaints made against and concerns notified about ophthalmic medical practitioners

      22. 22.Payment claims

      23. 23.Testing of sight

      24. 24.Eye examinations

      25. 25.Refusal to provide services

      26. 26.Referrals

      27. 27.Use of disqualified name

      28. 28.Training

      29. 29.Compliance with legislation and guidance

    5. SCHEDULE 5

      Consequential amendments to primary legislation

      1. 1.Freedom of Information Act 2000

      2. 2.Commissioner for Older People (Wales) Act 2006

      3. 3.Public Services Ombudsman (Wales) Act 2019

    6. SCHEDULE 6

      Minor and consequential amendments to secondary legislation

      1. 1.The National Health Service (Service Committees and Tribunal) Regulations 1992

      2. 2.The National Health Service Pension Scheme Regulations 1995

      3. 3.The National Health Service (Optical Charges and Payments) Regulations 1997

      4. 4.The National Health Service Pension Scheme Regulations 2008

      5. 5.The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011

      6. 6.The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012

      7. 7.The National Health Service Pension Scheme Regulations 2015

    7. SCHEDULE 7

      Revocations

  11. Explanatory Note

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