C2Part IIC3C4General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Annotations:
Modifications etc. (not altering text)
C2

Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C3

Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C4

Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General ophthalmic services

39C1Regulations as to s. 38.

F11

Regulations may provide as to the arrangements to be made under section 38 above, and shall include provision—

F2a

for the preparation and publication by each Primary Care Trust and by each Health Authority of a list of medical practitioners and a list of ophthalmic opticians who undertake to provide general ophthalmic services for persons in the area of the Primary Care Trust or Health Authority;

b

for conferring a right, subject F3to F4subsections (2) and (3) below, to any provision made under section 43C below and to the provisions of this F5Part of this Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, F6or ophthalmic optician who wishes to be included in the appropriate list, to be so included;

c

for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested, or from whom any prescription for the supply of optical appliances is to be obtained . . . F7;

d

for the removal from the list of medical practitioners, F8or ophthalmic opticians undertaking to provide general ophthalmic services for persons in any F9area of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general ophthalmic services for persons in that F9area.

F102

The regulations may, in particular, make provision in relation to—

a

grounds on which a F11Primary Care Trust or Health Authority may, or must, refuse to include a medical practitioner or an ophthalmic optician in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below);

b

information which must be supplied to a F12Primary Care Trust or Health Authority by a person included or seeking inclusion in such a list (or by arrangement with him);

c

the supply to a F13Primary Care Trust or Health Authority by an individual—

i

who is included, or seeking inclusion, in such a list, or

ii

who is a director of a body corporate or who is a member of a limited liability partnership included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act;

d

grounds on which a F14Primary Care Trust or Health Authority may defer a decision whether or not to include a person in such a list;

e

the disclosure by a F15Primary Care Trust or Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the F15Primary Care Trust or Health Authority to include them; and

f

criteria to be applied in making decisions under the regulations.

3

If regulations made by virtue of subsection (2)(a) provide that a F16Primary Care Trust or Health Authority may refuse to include a person in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the F17decision of the Primary Care Trust or of the Health Authority .

F184

The regulations may include provision as to the making of declarations about—

a

financial interests;

b

gifts above a prescribed value; and

c

other benefits received.

5

Before making regulations by virtue of subsection (4), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing general ophthalmic services.