The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) (Wales) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/181 |
| Year | 2006 |
2006 No. 181 (W.32)
NATIONAL HEALTH SERVICE, WALES
The National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) (Wales) Regulations 2006
Made 31th January 2006
The National Assembly for Wales, in exercise of the powers conferred by sections 38, 39, 43ZA, 43D, 49F, 49I, 49M, 49N, 49O, 49P, 49Q, 49R, and 126(4) of the National Health Service Act1and section 65 of the Health and Social Care Act 20012hereby makes the following Regulations:
Title, commencement and application
1.—(1) The title of these Regulations is the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services) (Amendment and Consequential Amendment) Regulations 2006 and, except for regulation 39(11), they come into force on 1 February 2006.
(2) Regulation 39(11) comes into force on 1 August 2006.
(3) These Regulations apply in relation to Wales.
PART 1
Supplementary List
Interpretation
2.—(1) In this Part—
“Abolition of the Tribunal Regulations” (“Diddymu Rheoliadau'r Tribiwnlys”) means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20013;
“Abolition of the Tribunal (Wales) Regulations” (“Diddymu Rheoliadau'r Tribiwnlys” (Cymru)) means the Abolition of National Health Service Tribunal (Consequential Provisions) Regulations 20024;
“director” (“cyfarwyddwr”) means—
(a) a director of a body corporate; or
(b) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);
“employment” (“cyflogaeth”) means any employment, whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” should be construed accordingly;
“equivalent body”(“corff cyfatebol”) means—
(a) a Primary Care Trust in England;
(b) a Health Board or NHS Trust in Scotland;
(c) a Health and Social Services Board in Northern Ireland;
(d) in relation to any time prior to 1 October 2002, a Health Authority in England; or
(e) in relation to any time prior to 1 April 2003, a Health Authority in Wales;
“equivalent list” (“rhestr gyfatebol”) means a list kept by an equivalent body;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S;
“fraud case” (“achos o dwyll”) means a case where the person satisfies the second condition for removal from the ophthalmic list, set out in section 49F(3), or by virtue of section 49H, is treated as doing so;
“general ophthalmic services” (“gwasanaethau offthalmig cyfredinol”) means the services which a person whose name is included in an ophthalmic list had undertaken to provide, pursuant to paragraph 10 of Schedule 1 to the Ophthalmic Regulations;
“licensing or regulatory body” (“corff trwyddedu neu reoleiddio”) means a body that licenses or regulates any profession to which the ophthalmic medical practitioner or optician belongs, or has formerly belonged, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;
“list” (“rhestr”), unless the context otherwise requires, means—
(a) a list referred to in section 49N(1)(a) to (c) ;
(b) a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29, as the list existed on or before 31 March 2004;
(c) a list of persons approved by a Local Health Board for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) as the list existed on or before 31 March 2004; or
(d) a services list referred to in section 8ZA(1)(a) of the Primary Care Act as the list existed on or before 31 March 2004;
“a national disqualification” (“anghymwysiad cenedlaethol”) means a decision—
(a) made by the FHSAA to nationally disqualify a ophthalmic medical practitioner or optician under section 49N;
(b) to nationally disqualify an ophthalmic medical practitioner or optician under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or
(c) by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4) of the Abolition of the Tribunal Regulations, or regulation 6(4) of the Abolition of the Tribunal (Wales) Regulations;
“the NCAA” means the National Clinical Assessment Authority;
“the NHS Counter Fraud and Security Management Service” (“Gwasanaeth Gwrth Dwyll a Rheoli Diogelwch y Gwasanaeth Iechyd Gwladol”) means the body with responsibility for the policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, established by the Counter Fraud and Security Management Service Establishment and Constitution Order 20025;
“notice” (“hysbysiad”) means an notice in writing (including electronic) and “notify” shall be construed accordingly;
“the NPSA” means the National Patient Safety Agency established as a Special Health Authority under section 11;
“ophthalmic list” (“rhestr offthalmig”) means the list prepared by a Local Health Board under regulation 66of the Ophthalmic Regulations;
“ophthalmic medical practitioner” (“ymarferydd meddygol offthalmig”) means a registered medical practitioner, whose qualifications have, in accordance with regulations 3, 4 or 5 of the Ophthalmic Regulations, been approved as prescribed qualifications;
“Ophthalmic Regulations” (“Rheoliadau Offthalmig”) means the National Health Service (General Ophthalmic Services) Regulations 19867;
“optician” (“optegydd”) means an natural person, who is an ophthalmic optician;
“Opticians Act” (“y Ddeddf Optegwyr”) means the Opticians Act 19898;
“originating events” (“digwyddiadau sy'n cychwynnol”) means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;
“practitioner” (“ymarferydd”), except where the context otherwise requires, means an ophthalmic medical practitioner or an optician;
“professional conduct” (“ymddygiad proffesiynol”) includes matters relating both to professional conduct and professional performance;
“Primary Care Act” (Ddeddf Gofal Sylfaenol”) means the National Health Service (Primary Care) Act 19979;
“professional registration number” (“Rhif cofrestru proffesiynol”) means the number against the ophthalmic medical practitioner or optician’s name in the register;
“the register” (“gofrestr”), except where the context otherwise requires, means in relation to an ophthalmic medical practitioner, a register maintained by the General Medical Council or, in relation to an optician, a register maintained by the General Optical Council;
“suspended” (“atal dros dro”) means—
(a) suspended by a Local Health Board or equivalent body under section 49I or 49J, or regulations made under section 28DA or 43D or under section 8ZA of the Primary Care Act10;
(b) in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA, 43D, 49I, 49J or under section 8ZA of the Primary Care Act,
and shall be treated as including a case where a person is treated as suspended by a Local Health Board, or prior to 1 April 2003, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, or in England, by a Primary Care Trust, or prior to 1 October 2002, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, and “suspends” and “suspension” should be construed accordingly; and
“the Tribunal” (“y Tribiwnlys”) means the Tribunal constituted under section 4611for England and Wales, and which, except for prescribed cases, had effect in relation to Wales until 26 August 2002 and in relation to England until 14 December 200112.
(2) All references in this Part to sections are to sections of the National Health Service Act 1977, except where specified otherwise.
Supplementary List
3.—(1) A Local Health Board must prepare and publish a supplementary list of all practitioners approved by the Local Health Board for the purposes of assisting in the provision of general ophthalmic services.
(2) The supplementary list must be divided into two parts, of which the first part will relate to ophthalmic medical practitioners and the second part to opticians.
(3) Subject to regulation 21, a practitioner is not eligible to assist in the provision of general ophthalmic services, unless his or her name is included in an ophthalmic list or a supplementary list.
(4) In respect of any practitioner, whose name is included in the supplementary list, the list will include that practitioner's—
(a)
(a) full name;
(b)
(b) professional registration number, and
(i) suffixed to that number, the organisational code given by the National Assembly for Wales to the Local Health Board, and
(ii) prefixed to that number, the initials SOL;
(c)
(c) date of birth, where the practitioner has given consent, or if consent is not given, the date of the practitioner’s first registration in the register; and
(d)
(d) date when his or her name was first included in the supplementary list.
(5) The supplementary list must be available for public inspection.
Application for inclusion in the supplementary list
4.—(1) Subject to paragraphs (7) to (11), an application by a practitioner for the inclusion of his or her name in the supplementary list...
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