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General Ophthalmic Services Regulations (Northern Ireland) 2007

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Premises and equipment

5.—(1) Subject to sub-paragraph (2) to (5) and paragraph 9(3), a contractor shall provide as may be requisite, proper and sufficient consulting and waiting room accommodation and suitable equipment for the provision of the general ophthalmic services which he has undertaken to provide.

(2) A contractor, who has made arrangements with the Board to provide mobile services, shall provide suitable equipment for the provision of such services.

(3) A contractor who—

(a)does not provide or no longer provides accommodation and equipment, as required under sub-paragraph (1), or equipment as required under sub-paragraph (2); and

(b)is not employed, in relation to the general ophthalmic services which he has undertaken to provide in the area of that Board, by another contractor,

may, instead of providing the accommodation and equipment, as required under sub-paragraph (1), or equipment as required by sub-paragraph (2), enter into arrangements of the kind described in sub-paragraph (4), provided the conditions set out in sub-paragraph (5) are met.

(4) The arrangements referred to in sub-paragraph (3) are legally enforceable arrangements under which—

(a)requisite, proper and sufficient consulting and waiting room accommodation and suitable equipment; or

(b)in the case of the provision of mobile services, suitable equipment;

are available to him for the provision of the general ophthalmic services which he has undertaken to provide, which permit inspection as required under paragraph 5(6) or (7).

(5) The conditions referred to in sub-paragraph (3) are that the contractor has satisfied the Board that—

(a)the arrangements are legally enforceable and permit inspection as required under paragraph 5(6) or (7);

(b)the accommodation and equipment or, in the case of the provision of mobile services, equipment, provided under the arrangements are adequate and suitable.

(6) Subject to sub-paragraph (7) and (8) and paragraph 9(3), a contractor, on receipt of a written request from the Department, the Board, the Agency or the Committee to do so, shall admit at all reasonable times for the purposes of inspecting his accommodation or equipment an authorised officer of the Department, the Board or the Agency, or authorised member of the Committee.

(7) A contractor, who has made arrangements with the Board to provide mobile services on receipt of a written request from the Department, the Board, the Agency or the Committee, shall arrange for an authorised officer of the Department, the Board, the Agency, or of the Committee, to be allowed to inspect at a reasonable time the facilities and equipment that he uses.

(8) In addition to the right to inspect under sub-paragraph (7), a contractor, who has made arrangements with the Board to provide mobile services, shall allow an authorised officer of the Department, the Board or the Agency, or authorised member of the Committee to inspect the facilities and equipment that he uses when providing those services at a location of which he notified the Board under paragraph 4(3).

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