The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

• (a) is separate from any claim form in respect of eye examinations given by the contractor personally; and

• (b) identifies the ophthalmic medical practitioner or optician who undertook the eye examination and his or her status as an ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services.

• (4A) The claim referred to in sub-paragraph (4) must be submitted to the Agency by electronic communication and must contain the PIN allocated to the ophthalmic medical practitioner or optician who assists the contractor in the provision of general ophthalmic services.

• (5) Except as provided in the regulations, in the Statement, or in the National Health Service (Charges for Overseas Visitors) (Scotland) Regulations 1989 , ... a contractor shall not demand or accept or cause to be demanded or accepted from any patient or from other persons the payment of any fee or other remuneration in respect of the provision of general ophthalmic services.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eye examinations

14

• (1) An ophthalmic medical practitioner or optician who accepts in accordance with these regulations–

• (a) an application from a patient for a primary eye examination; or

• (b) an application from a patient for a supplementary eye examination ...,

shall carry out an eye examination.

• (1A) An eye examination carried out by an ophthalmic medical practitioner or optician in accordance with these Regulations shall consist of every test or procedure appropriate to the presenting signs, symptoms and needs of the patient for the purpose of that examination unless—

• (a) the ophthalmic medical practitioner or optician considers that the patient has a physical or mental condition which would make the carrying out of any such test or procedure clinically inappropriate; ...

• (aa) in the judgement of the ophthalmic medical practitioner or optician, the test or procedure is clinically inappropriate for any other reason; or

• (b) the patient has refused to undertake any such test or procedure.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where an ophthalmic medical practitioner or optician carries out a sight test, he or she shall fulfil any duty imposed on him or her by, or in regulations made under, the Opticians Act 1989.

• (4) Where an ophthalmic medical practitioner or optician is of the opinion that a patient whose eyes he or she has examined in accordance with sub paragraph (1)–

• (a) shows signs of injury, disease or abnormality in the eye or elsewhere which may require medical treatment; or

• (b) is not likely to attain a satisfactory standard of vision notwithstanding the application of corrective lenses,

he or she shall, if appropriate, and with the consent of the patient–

• (i) refer the patient to any of an optometrist independent prescriber, another ophthalmic medical practitioner, his or her doctor or to an ophthalmic hospital;

• (ii) in the case of a referral to an ophthalmic hospital, inform the patient's doctor or GP practice that he or she has done so; and

• (iii) give the patient a written statement that he or she has done so, with details of the referral.

• (4A) Where a patient shows signs of an anterior eye condition, a referral under sub paragraph (4)(i) to another ophthalmic medical practitioner or an optometrist independent prescriber may only be made in circumstances where—

• (a) the ophthalmic medical practitioner or optometrist independent prescriber is, as the case may be, a specialist ophthalmic medical practitioner or a specialist optometrist independent prescriber, and

• (b) the specialist ophthalmic medical practitioner or specialist optometrist independent prescriber has agreed to accept the referral.

• (4B) In making a referral under sub paragraph (4)(i) to a specialist ophthalmic medical practitioner or a specialist optometrist independent prescriber in accordance with sub paragraph (4A), the referring ophthalmic medical practitioner or optician is to take into account the place where the patient normally resides.

• (4C) Where, in accordance with sub paragraph (4A), a specialist ophthalmic medical practitioner or specialist optometrist independent prescriber receives a request to accept a referral under sub paragraph 14(4)(i) the specialist ophthalmic medical practitioner or specialist optometrist independent prescriber may agree to accept the referral where they reasonably anticipate that they or another specialist ophthalmic medical practitioner or specialist optometrist independent prescriber providing general ophthalmic services at the same practice premises will be able to carry out any necessary eye examination.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A prescription for glasses issued following an eye examination which includes a sight test shall be completed by the method recommended in Appendix A to British Standard 2738-3:2004 (Glossary of Terms relating to Ophthalmic Lenses and Spectacle Frames) published by the British Standards Institution, as effective on the date of its publication, and shall comply with any requirements as to its form specified in the Statement for the purposes of payment in respect of the eye examination.

• (7) An ophthalmic medical practitioner or optician shall carry out a maximum of 20 eye examinations in any working day.

• (8) Following a primary eye examination or a supplementary eye examination the ophthalmic medical practitioner or optician who carried out the examination shall give a statement of the outcome of the examination to the patient.

Use of disqualified name

15

• (1) Subject to sub paragraph (2), a contractor shall not use in any manner whatsoever the name or part of the name, either alone or in combination with any other words or letters, of or used by, any person so long as that person is disqualified from inclusion in any Ophthalmic List.

• (2) Nothing in sub paragraph (1) shall prevent a contractor other than a body corporate from using his or her own name or being a body corporate, from using the name by which it is enrolled in the register maintained pursuant to the provisions of the Opticians Act 1989.

SCHEDULE 2

PART A — INFORMATION, CERTIFICATES, LEVEL 2 DISCLOSURES, LEVEL 2 DISCLOSURE APPLICATIONS, PVG SCHEME LEVEL 2 DISCLOSURES, CONSENTS, DECLARATIONS AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE FIRST PART OF THE OPHTHALMIC LIST

1

An application shall contain the following information:–

• (a) except where the applicant is an optician that is a body corporate, the applicant's full name, sex, date of birth and private address and telephone number;

• (b) except where the applicant is an optician that is a body corporate, a full description of the applicant's qualifications including the institution which awarded them;

• (c) the applicant's professional registration number and date of first registration;

• (d) whether the applicant is an ophthalmic medical practitioner, a registered optometrist or a body corporate;

• (e) address of proposed practice premises and, in the case of any mobile practice, the address to which correspondence may be sent and the addresses of any day centres and residential centres to be visited more than once;

• (f) whether the practice premises may be reached without use of stairs;

• (g) whether the practice premises have wheelchair access;

• (h) proposed days and hours of attendance at these practice premises or, in the case of any mobile practice, the months in which visits to day centres or residential centres are intended to take place and the planned interval between such visits;

• (i) the name of each ophthalmic medical practitioner or optician who is regularly engaged as a deputy, director or employee in the provision of general ophthalmic services;

• (j) except where the applicant is an optician that is a body corporate, chronological details of the applicant's professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

• (k) details of any list or equivalent list from which the applicant (and, where the applicant is an optician that is a body corporate, all directors of the body corporate) has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or conditionally granted together with reasons for such disqualification, conditional disqualification, removal, suspension or refusal;

• (l) except where the applicant is an optician that is a body corporate, name and addresses of two referees who are willing to provide clinical references relating to two recent posts as an ophthalmic medical practitioner or optometrist each of which lasted at least 3 months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;

• (m) except where the applicant is an optician that is a body corporate, if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive general ophthalmic services from the applicant, is necessary for providing general ophthalmic services;

• (n) if the applicant is the director or one of the persons with control of a corporate body, or, if the applicant is an optician that is a body corporate, the body corporate’s name, registered office and registered number, telephone number, e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the secretary;

• (o) if the applicant (and, where the applicant is an optician that is a body corporate, all directors of the body corporate) is, or has been where the outcome was adverse, the subject of any investigation ... in relation to fraud;

• (p) whether the applicant has–

• (i) had sequestration of the applicant's estate awarded, or been adjudged bankrupt;

• (ii) been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 ;

• (iii) made a composition or arrangement with, or granted a trust deed for, the applicant's creditors;

• (q) where the applicant is a body corporate, whether–

• (i) an administrator, administrative receiver or receiver has been appointed in respect of it; or

• (ii) an administration order has been made in respect of it under Schedule B1 to the Insolvency Act 1986; or

• (iii) it has been wound up under Part IV of the Insolvency Act 1986; or

• (r) whether the applicant is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

2

An application shall contain the following declarations as to whether or not the applicant:–

• (a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);

• (c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

• (d) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992 ;

• (e) has accepted a police caution in the British Islands;

• (f) has been bound over following a criminal conviction in the British Islands;

• (g) has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

• (h) is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

• (i) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

• (j) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant's professional conduct in respect of any previous or current employment;

• (k) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, or a member of a partnership (including a limited liability partnership) which–

• (i) has been convicted of a criminal offence in the British Islands;

• (ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

• (iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

• (v) is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

• (l) has had sequestration of the applicant's estate awarded or been adjudged bankrupt;

• (m) has been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

• (n) has made a composition or arrangement with, or granted a trust deed for, the applicant's creditors;

• (o) if a body corporate–

• (aa) has had an administrator, administrative receiver or receiver appointed in respect of it; or

• (bb) has had an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;

• (cc) has been wound up under Part IV of the Insolvency Act 1986;

• (p) is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order).

3

An applicant must include:

• (a) where the applicant is an ophthalmic medical practitioner or an optician (except where the optician is a body corporate)—

• (i) a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation7(3)(f); and

• (ii) where required by the Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds,

• (aa) where the applicant is a body corporate, a Level 2 disclosure in relation to each director, dated not earlier than 28 days before the date of the application, or a Level 2 disclosure application completed and signed by each director who is not already on the Board’s Ophthalmic List; and

• (b) except in the case of a body corporate carrying on business as an optometrist, a certificate , dated not earlier than 2 years before the date of the application where the applicant has not worked in Scotland within that 2 year period, from a provider of training approved by NHS Education for Scotland that the applicant has satisfactorily completed a course of training in the use of slit lamp biomicroscopy, condensing lens biomicroscopy, contact applanation tonometry using a Goldmann type tonometer and threshold visual fields.

4

An application shall include the following undertakings:–

• (a) the applicant will participate in appropriate and relevant NHS audit procedures;

• (b) that applicant will be bound by the terms of service;

• (c) that the applicant will notify the Board in writing within 7 days of its occurrence if the applicant–

• (i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in the British Islands would constitute such a criminal offence;

• (ii) is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);

• (iv) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

• (v) has accepted a police caution in the British Islands;

• (vi) is bound over following a criminal conviction in the British Islands;

• (vii) becomes the subject of any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

• (viii) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into the applicant's professional conduct, and there is a finding against the applicant;

• (ix) becomes, to the applicant's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

• (x) becomes the subject of any investigation or proceedings by another Health Board or equivalent body, which might result in the applicant being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

• (xi) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or suspended from or refused admission or contingently removed from to any list or equivalent list;

• (xii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate–

• (aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands would constitute a criminal offence;

• (bb) is convicted of a criminal offence in the British Islands;

• (cc) is convicted elsewhere of an offence which, if committed in the British Islands would constitute a criminal offence;

• (dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

• (ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

• (ff) becomes, to his or her knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

• (xiii) has sequestration of the applicant's estate awarded or is adjudged bankrupt;

• (xiv) is made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986;

• (xv) makes a composition or arrangement with, or grants a trust deed for, the applicant's creditors;

• (xvi) if a body corporate–

• (aa) has an administrator, administrative receiver or receiver appointed in respect of it; or

• (bb) has an administration order made in respect of it under Schedule B1 to the Insolvency Act 1986;

• (cc) is wound up under Part IV of the Insolvency Act 1986;

• (xvii) is made subject to a disqualification order under the Company Directors Disqualification Act 1986), the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

• (d) that the applicant and, where the applicant is an optician that is a body corporate, all directors of the body corporate, consents to a request being made by the Board to the Agency, any employer or former employer of the applicant or of any director as the case may be, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which the applicant is or was a member;

• (e) that the applicant consents to disclosure of information in terms of regulation 14; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) that the applicant (except where the applicant is a body corporate) will remain a scheme member.

PART B — INFORMATION, CONSENTS, DECLARATIONS, CERTIFICATES, LEVEL 2 DISCLOSURES, LEVEL 2 DISCLOSURE APPLICATIONS, PVG SCHEME LEVEL 2 DISCLOSURES AND UNDERTAKINGS TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN THE SECOND PART OF THE OPHTHALMIC LIST

1

An application shall contain the following information:–

• (a) except where the applicant is an optician that is a body corporate, the applicant's full name, sex, date of birth and private address and telephone number;

• (b) except where the applicant is an optician that is a body corporate, a full description of the applicant's qualifications including the institution which awarded them;

• (c) the applicant's professional registration number and date of first registration;

• (d) an indication of whether the applicant is an ophthalmic medical practitioner, a registered optometrist or a body corporate;

• (e) except where the applicant is an optician that is a body corporate, chronological details of the applicant's professional experience (including the starting and finishing dates of each appointment together with explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why the applicant was dismissed from any post;

• (f) details of any list or equivalent list from which the applicant (and, where the applicant is an optician that is a body corporate, all directors of the body corporate) has ever been disqualified, conditionally disqualified, removed, suspended, contingently removed or suspended or to which admission was refused or granted subject to conditions together with reasons for such disqualification, conditional disqualification, removal, suspension or refusal or imposition of conditions;

• (g) except where the applicant is an optician that is a body corporate, name and addresses of two referees who are willing to provide clinical references relating to two recent posts as an ophthalmic medical practitioner or optometrist which lasted at least 3 months without a significant break and which may include a current post, or, where this is not possible a full explanation and name and address of an alternative referee or referees;

• (h) except where the applicant is an optician that is a body corporate, if the applicant is a national of an EEA state, evidence that the applicant has a knowledge of English which, in the interests of the applicant and of patients who may receive general ophthalmic services from the applicant, is necessary for providing general ophthalmic services;

• (i) if the applicant ... is the director or one of the persons with control of a corporate body, or, if the applicant is an optician that is a body corporate, the body corporate’s name, registered office and registered number, telephone number, e-mail address and a list of the full names, dates of birth, private addresses and (if they have one) the national insurance numbers, of all the directors and the secretary;

• (j) if the applicant (and, where the applicant is an optician that is a body corporate, all directors of the body corporate) is, or has been where the outcome was adverse, the subject of any investigation ... in relation to fraud.

2

An application shall contain the following declarations as to whether or not the applicant:–

• (a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

• (b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);

• (c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

• (d) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

• (e) has accepted a police caution in the British Islands;

• (f) has been bound over following a criminal conviction in the British Islands;

• (g) has been subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

• (h) is currently subject to any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

• (i) is the subject of any investigation or proceedings by another Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

• (j) is, or has been, where the outcome was adverse, the subject of any investigation into applicant's professional conduct in respect of any previous or current employment;

• (k) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, which–

• (i) has been convicted of a criminal offence in the British Islands;

• (ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

• (iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

• (v) is, to the applicant's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

3

An applicant must include with the application–

• (a) where the applicant is an ophthalmic medical practitioner or an optician (except where the optician is a body corporate)—

• (i) a a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation7(3)(f); and

• (ii) where required by the Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds,

• (aa) where the applicant is a body corporate, a Level 2 disclosure in relation to each director, dated not earlier than 28 days before the date of the application, or a Level 2 disclosure application completed and signed by each director who is not already on the Board’s Ophthalmic List; and

• (b) a certificate , dated not earlier than 2 years before the date of the application where the applicant has not worked in Scotland within that 2 year period, from a provider of training approved by NHS Education for Scotland that the applicant has satisfactorily completed a course of training in the use of slit lamp biomicroscopy, condensing lens biomicroscopy, contact applanation tonometry using a Goldmann type tonometer and threshold visual fields

4

An application shall include the following consent and undertakings:–

• (a) that the applicant will participate in appropriate and relevant NHS audit procedures;

• (b) that the applicant will be bound by the terms of service;

• (c) that the applicant will notify the Health Board in writing within 7 days of its occurrence if he or she–

• (i) is charged in the British Islands with a criminal offence, the sentence for which could be a term of imprisonment or is charged elsewhere with an offence which, if committed in Scotland, would constitute such a criminal offence;

• (ii) is convicted of a criminal offence in the British Islands or is convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

• (iii) has, in summary proceedings, in respect of an offence, been the subject of an order discharging him or her absolutely (without proceeding to conviction);

• (iv) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

• (v) has accepted a police caution in the British Islands;

• (vi) is bound over following a criminal conviction in the British Islands;

• (vii) becomes the subject of any investigation into the applicant's professional conduct by any licensing, regulatory or other body anywhere in the world;

• (viii) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into his or her professional conduct, and there is a finding against the applicant;

• (ix) becomes, to the applicant's knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, where it is adverse;

• (x) becomes the subject of any investigation or proceedings by another Board or equivalent body, which might result in the applicant being disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

• (xi) is disqualified, conditionally disqualified, refused entry, allowed entry subject to conditions, removed or contingently removed or suspended from or refused admission to any list or equivalent list;

• (xii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation , a director or one of the persons with control of a body corporate and that body corporate–

• (aa) is charged in the British Islands with a criminal offence, or is charged elsewhere with an offence which, if committed in the British Islands, would constitute a criminal offence;

• (bb) is convicted of a criminal offence in the British Islands;

• (cc) is convicted elsewhere of an offence which, if committed in the British Islands, would constitute a criminal offence;

• (dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world;

• (ee) is informed by any licensing, regulatory or other body anywhere in the world of the outcome of any investigation into its provision of professional services, and there is a finding against it; or

• (ff) becomes, to his or her knowledge, the subject of any investigation by the Agency in relation to fraud, or is informed of the outcome of any such investigation, if adverse,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

• (d) that the applicant and, where the applicant is an optician that is a body corporate, all directors of the body corporate, shall consent to a request being made by the Health Board to the Agency, any employer or former employer of the applicant or of any director as the case may be, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member;

• (e) that the applicant consents to disclosure of information in terms of regulation 14; ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) that the applicant (except where the applicant is a body corporate) will remain a scheme member.

PART C — DECLARATIONS TO BE PROVIDED IN TERMS OF REGULATION 26(6)

1

A declaration as to whether or not the person who is included in the Ophthalmic List in terms of regulation 26(3)–

• (a) has been convicted of a criminal offence in the British Islands or has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (b) is currently the subject of any proceedings anywhere in the world which might lead to a conviction specified in sub-paragraph (a);

• (c) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

• (d) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995 or a penalty under section 115A of the Social Security Administration Act 1992;

• (e) has accepted a police caution in the British Islands;

• (f) has been bound over following a criminal conviction in the British Islands;

• (g) has been subject to any investigation into that person's professional conduct by any licensing, regulatory or other body anywhere in the world where the outcome was adverse;

• (h) is currently subject to any investigation into that person's professional conduct by any licensing, regulatory or other body anywhere in the world;

• (i) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in that person being disqualified, conditionally disqualified, refused entry, granted entry subject to conditions, removed, contingently removed or suspended from a list, or equivalent list;

• (j) is, or has been, where the outcome was adverse, the subject of any investigation into that person's professional conduct in respect of any previous or current employment;

• (k) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate, or a member of a partnership (including a limited liability partnership) which–

• (i) has been convicted of a criminal offence in the British Islands;

• (ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in the British Islands;

• (iii) is currently the subject of any proceeding anywhere in the world which might lead to such a conviction;

• (iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body anywhere in the world; or

• (v) is, to that person's knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud.

2

A declaration that–

• (a) that person consents to a request being made by the Health Board to the Agency, any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into that person or a body corporate referred to in this paragraph and, for the purposes of this sub paragraph, “employer” includes any partnership of which that person is or was a member;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) –

• (i) no sequestration of the person's estate has been awarded and that the person has not been adjudged bankrupt, unless (in either case) the person has been discharged or the bankruptcy order has been annulled;

• (ii) the person has not been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, unless that order has ceased to have effect or has been annulled;

• (iii) the person has not made a composition or arrangement with, or granted a trust deed for, the person 's creditors unless the person has been discharged in respect of it;

• (iv) where the person is a body corporate–

• (aa) an administrator, administrative receiver or receiver has not been appointed in respect of it;

• (bb) an administration order has not been made in respect of it under Schedule B1 to the Insolvency Act 1986;

• (cc) it has been not been wound up under Part IV of the Insolvency Act 1986;

• (d) the person is not subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); and

• (e) the person undertakes to notify the Health Board in writing within 7 days of the occurrence of any event specified in paragraph 1, or sub paragraphs (c) and (d) of this paragraph.

SCHEDULE 3 — PRIMARY EYE EXAMINATION

The taking of a detailed history and symptoms, including relevant medical, family, or ocular history
The recording of unaided vision, visual acuity or pinhole vision as appropriate
Sight test – appropriate to the presenting signs, symptoms, and aided / unaided acuity
A pupillary assessment including testing for relative size, shape, direct, consensual and near responses
An examination appropriate to the reason for referral from a medical practitioner or other carer
An eye health assessment appropriate to the patient’s needs and presenting signs and symptoms
An internal eye examination using direct ophthalmoscope and/or slit lamp / head mounted biomicroscopy
The external examination of the eyes using slit lamp biomicroscopy and appropriate diagnostic agents
A relevant assessment of extra ocular motor function; oculo-motor balance and ocular motility
A visual field assessment
The communication of the clinical findings, including preparation of a referral letter and clinical report (where appropriate), results and diagnosis to the patient, his or her carer (where appropriate), and other appropriate health professionals as agreed by the patient and/or his or her carer.

Category of Patients	Maximum frequency at which primary eye examinations are to be carried out
Patients under 16 years	Annually
Patients aged between 16 years and 59 years	Biennially
Patients aged 60 years or over	Annually
Patients with glaucoma	Annually
Patients aged 40 years or over with a close family* history of glaucoma	Annually
*father, mother, brother, sister, son, daughter
Patients with ocular hypertension	Annually
Patients with diabetes	Annually

SCHEDULE 4 — SUPPLEMENTARY EYE EXAMINATION

Column 1	Column 2
Following routine refraction;	Cycloplegic refraction
Paediatric follow up within six months of the previous examination include:	A refraction; Oculo motor balance; and Stereopsis
Referral refinement	To include, as required: Repeat of visual field assessment by full threshold visual fields; Repeat tonometry using applanation tonometry; and Slit lamp biomicroscopy which may include mydriasis
Suspect glaucoma, unusual optic disc appearance and where abnormalities have been detected during the primary examination	To include, as required: Repeat of visual field assessment by full threshold visual fields; Repeat tonometry using applanation tonometry; and Slit lamp biomicroscopy which may include mydriasis
Diabetes, vitreo retinal disorders, tumour risk	Dilated slit lamp biomicroscopy
Minor disorders such as, corneal abrasion, foreign body	Minor disorders repeat external eye assessment using slit lamp and diagnostic agents
Children aged under 16 years on referral by an ophthalmic hospital	Cycloplegic refraction

SCHEDULE 5 — RECORDS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — REGULATIONS REVOKED

Orders and Regulations revoked	References	Extent of revocation
The National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986	S.I. 1986/965	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1988	S.I. 1988/543	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1989	S.I. 1989/387	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 1989	S.I. 1989/1177	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1990	S.I. 1990/1048	The whole Regulations
The National Health Service (Optical Charges and Payments) (Miscellaneous Amendments (Scotland) Regulations 1991	S.I. 1991/534	Regulation 19
The National Health Service (Optical Charges and Payments) (Miscellaneous Amendments (Scotland) Regulations 1992	S.I. 1992/531	Regulation 5
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1995	S.I. 1995/704	The whole regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1996	S.I. 1995/843	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 1996	S.I. 1996/2353	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 1999	S.I. 1999/725	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 1999	S.S.I. 1999/55	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2001	S.S.I. 2001/62	The whole Regulations
The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services (Scotland) Amendment Regulations 2002	S.S.I. 2002/86	Regulation 4
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2003	S.S.I. 2003/201	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2003	S.S.I. 2003/432	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2004	S.S.I. 2004/36	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2004	S.S.I. 2004/98	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No) Regulations 2004	S.S.I. 2004/169	The whole Regulations
The Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004	S.S.I. 2004/212	Schedule 1, paragraph 2
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2005	S.S.I. 2005/128	The whole Regulations
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2006	S.S.I. 2006/42	The whole Regulations

Signed

RHONA BRANKIN — Authorised to sign by the Scottish Ministers — 2006-03-10

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1978 c. 29. Section 26 was amended by the Health and Social Security Act 1984 (c. 48), section 1(5) and Schedule 1, Part II, paragraphs 1 and 4 and Schedule 8, the Health and Medicines Act 1988 (c. 49), section 13(4) and is amended by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) (asp 13), sections 13(2) and 19 with effect from 1st April 2006 in terms of S.S.I. 2006/121; section 28A was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and 27(1); section 32A(7) is inserted by the 2005 Act, section 26(7)(d) with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 32D is substituted by the 2005 Act, section 27 with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 34 was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 41(3) and (10) and Schedule 2, Part I, paragraph 46, section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, Part 1, paragraph 24 and the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: Section 10 was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 66(2) and Schedule 10; the 1999 Act section 65(1) and Schedule 4, paragraph 44(a); S.S.I. 1999/90, Art 2(a)(b) and Schedule 1, and is amended by the 2005 Act, Schedule 2, paragraph 2(a) with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00003]: Section 9 was amended by the 1990 Act, section 29, the 1999 Act, section 65 and Schedule 4, paragraph 43, and the Primary Medical Services (Scotland) Act 2004 (asp 7), Schedule 2.

[^f00004]: Section 2(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and the 1990 Act, section 28.

[^f00005]: 1989 c. 44; section 9 was amended by S.S.I. 2005/848, Art 9.

[^f00006]: Section 29 was substituted by the 1999 Act, section 58, a relevant amendment is the 2005 Act, section 26 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00007]: Section 29C(1) was inserted by the Health Act 1999 (c. 8), section 58, and amended by S.S.I. 2004/167 and the 2005 Act, section 26 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00008]: Section 32D is substituted by the 2005 Act, section 27, with effect from 1st April 2006, in terms of S.S.I. 2006/121.

[^f00009]: O.J. No. L 1, 3.1.94, p.1.

[^f00010]: O.J. No. L 1, 3.1.94, p.571.

[^f00011]: 1997 c. 50. Relevant amendments are the Criminal Justice and Police Act 2001 (c. 16) Schedule 6, paragraph 7, Schedule 7, part 5, and the Criminal Justice (Scotland) Act 2003 (c. 7), section 70(3)(c).

[^f00012]: S.I. 1974/467. Relevant amending instruments are S.I. 1991/900, S.S.I. 2000/224 and 2003/306.

[^f00013]: Section 29(8) was amended by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), sections 25 and 27(2) and Schedule 2, paragraph 2(4)(b), and the 2005 Act, section 26(2)(e), with effect from 1st April 2006, in terms of S.S.I. 2006/121.

[^f00014]: The definition of “ophthalmic optician” was substituted by the Opticians Act 1989 (Amendment) Order 2005/848, Schedule 1(2), paragraph 10.

[^f00015]: (c.44); section 7 was amended by S.I. 2005/848, Art 7.

[^f00016]: (c.54); section 2(2) was amended by S.I. 1996/1591 Regulation 7 and Schedule 2, paragraph 1 and by the Medical Act 1983 (Amendment) Order 2002/3135, article 9(1).

[^f00017]: Section 9 was amended by S.I. 2005/848, Article 9.

[^f00018]: Section 32A(2) was inserted by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”) section 1 amended by the 1999 Act, section 65 and Schedule 4, paragraph 51 and the 2005 Act, section 26(7)(b), with effect from 1st April 2006, in terms of S.S.I. 2006/.

[^f00019]: Section 32B(1) was substituted by the 1995 Act, section 8 and amended by the 1999 Act, section 65 and Schedule 4, paragraph 52, and by the 2005 Act, Schedule 3 with effect from 1st April 2006, in terms of S.S.I. 2006/.

[^f00020]: Schedule 8 was amended by the 1995 Act, section 12, S.I. 1995/3214; the National Health Service (Primary Care) Act 1997 (c. 46), section 41(10), and Schedule 2, Part II, paragraph 58; S.I. 1998/631; the 1999 Act, sections 653 and Schedule 4, paragraph 64, and by the 2005 Act, Schedule 2, paragraph 2 with effect from 1st April 2006, in terms of S.S.I. 2006/122.

[^f00021]: 1977 c. 49.

[^f00022]: S.I. 1972/1265.

[^f00023]: Section 29B(2) was added by the 1999 Act, section 58, and amended by the 2002 Act, Schedule 2, paragraph 2, the 2004 Act, Schedule 1, paragraph 1, and the 2005 Act, section 26(4) and Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00024]: Section 30(2) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00025]: Section 30(5) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00026]: Section 32A(3) was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8, amended by the 1999 Act, section 65 and Schedule 4, paragraph 51 and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00027]: Section 32B(1) was substituted by the 1999 Act, section 65 and Schedule 4, paragraph 52, and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/.

[^f00028]: S.S.I. 2004/38; regulation 26 is amended with effect from 1st April 2006 by the National Health Service (Tribunal) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/122).

[^f00029]: S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.

[^f00030]: Section 30 was substituted by the 1999 Act, section 58 and amended by the 2002 Act, Schedule 2, paragraph 2, and by the 2005 Act, Schedule 2, paragraph 2, and Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^f00031]: 1995 c. 36.

[^f00032]: S.I. 1986/965; regulation 6 was substituted by S.I. 1988/543, 1991/534, 1996/843, 1999/725, S.S.I. 1999/55, 2001/62, 2004/36, and 2004/169.

[^f00033]: S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.

[^f00034]: S.I. 1992/434 as amended by S.I. 1994/3038, 1995/3201, 1996/938, 1998/657, 1998/1424 and S.S.I. 1999/53, 2004/38, 2005/118 and 334 and 2006/139.

[^f00035]: S.I. 1998/642. Regulation 9 was amended by S.I. 1999/748.

[^f00036]: S.I. 1989/364, amended by S.I. 1992/411, 1994/1770, 1998/251, S.S.I. 2004/369, and S.S.I. 2006/141 with effect from 1st April 2006.

[^f00037]: 1986 c. 45.

[^f00038]: 1986 c. 46 as amended by the Insolvency Act 2000 (2000 c. 39).

[^f00039]: S.I. 1986/1032 (N.1.6).

[^f00040]: 1986 c. 45.

[^f00041]: 1995 c. 46.

[^f00042]: 1992 c. 5;. section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

Editorial notes

[^c15350341]: 1978 c. 29. Section 26 was amended by the Health and Social Security Act 1984 (c. 48), section 1(5) and Schedule 1, Part II, paragraphs 1 and 4 and Schedule 8, the Health and Medicines Act 1988 (c. 49), section 13(4) and is amended by the Smoking, Health and Social Care (Scotland) Act 2005 (“the 2005 Act”) (asp 13), sections 13(2) and 19 with effect from 1st April 2006 in terms of S.S.I. 2006/121; section 28A was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and 27(1); section 32A(7) is inserted by the 2005 Act, section 26(7)(d) with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 32D is substituted by the 2005 Act, section 27 with effect from 1st April 2006 in terms of S.S.I. 2006/121, section 34 was amended by the National Health Service (Primary Care) Act 1997 (c. 46), section 41(3) and (10) and Schedule 2, Part I, paragraph 46, section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, Part 1, paragraph 24 and the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^c15350351]: Section 10 was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 66(2) and Schedule 10; the 1999 Act section 65(1) and Schedule 4, paragraph 44(a); S.S.I. 1999/90, Art 2(a)(b) and Schedule 1, and is amended by the 2005 Act, Schedule 2, paragraph 2(a) with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350361]: Section 9 was amended by the 1990 Act, section 29, the 1999 Act, section 65 and Schedule 4, paragraph 43, and the Primary Medical Services (Scotland) Act 2004 (asp 7), Schedule 2.

[^c15350371]: Section 2(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and the 1990 Act, section 28.

[^c15350381]: 1989 c. 44; section 9 was amended by S.S.I. 2005/848, Art 9.

[^c15350391]: Section 29 was substituted by the 1999 Act, section 58, a relevant amendment is the 2005 Act, section 26 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350401]: Section 29C(1) was inserted by the Health Act 1999 (c. 8), section 58, and amended by S.S.I. 2004/167 and the 2005 Act, section 26 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350411]: Section 32D is substituted by the 2005 Act, section 27, with effect from 1st April 2006, in terms of S.S.I. 2006/121.

[^c15350451]: S.I. 1974/467. Relevant amending instruments are S.I. 1991/900, S.S.I. 2000/224 and 2003/306.

[^c15350461]: Section 29(8) was amended by the Community Care and Health (Scotland) Act 2002 (asp 5) (“the 2002 Act”), sections 25 and 27(2) and Schedule 2, paragraph 2(4)(b), and the 2005 Act, section 26(2)(e), with effect from 1st April 2006, in terms of S.S.I. 2006/121.

[^c15350471]: The definition of “ophthalmic optician” was substituted by the Opticians Act 1989 (Amendment) Order 2005/848, Schedule 1(2), paragraph 10.

[^c15350481]: (c.44); section 7 was amended by S.I. 2005/848, Art 7.

[^c15350491]: (c.54); section 2(2) was amended by S.I. 1996/1591 Regulation 7 and Schedule 2, paragraph 1 and by the Medical Act 1983 (Amendment) Order 2002/3135, article 9(1).

[^c15350511]: Section 32A(2) was inserted by the National Health Service (Amendment) Act 1995 (c. 31) (“the 1995 Act”) section 1 amended by the 1999 Act, section 65 and Schedule 4, paragraph 51 and the 2005 Act, section 26(7)(b), with effect from 1st April 2006, in terms of S.S.I. 2006/ .

[^c15350521]: Section 32B(1) was substituted by the 1995 Act, section 8 and amended by the 1999 Act, section 65 and Schedule 4, paragraph 52, and by the 2005 Act, Schedule 3 with effect from 1st April 2006, in terms of S.S.I. 2006/ .

[^c15350531]: Schedule 8 was amended by the 1995 Act, section 12, S.I. 1995/3214; the National Health Service (Primary Care) Act 1997 (c. 46), section 41(10), and Schedule 2, Part II, paragraph 58; S.I. 1998/631; the 1999 Act, sections 653 and Schedule 4, paragraph 64, and by the 2005 Act, Schedule 2, paragraph 2 with effect from 1st April 2006, in terms of S.S.I. 2006/122.

[^c15350541]: 1977 c. 49.

[^c15350551]: S.I. 1972/1265.

[^c15350561]: Section 29B(2) was added by the 1999 Act, section 58, and amended by the 2002 Act, Schedule 2, paragraph 2, the 2004 Act, Schedule 1, paragraph 1, and the 2005 Act, section 26(4) and Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350571]: Section 30(2) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350581]: Section 30(5) was substituted by the 1999 Act, section 58 and amended by the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350591]: Section 32A(3) was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8, amended by the 1999 Act, section 65 and Schedule 4, paragraph 51 and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350601]: Section 32B(1) was substituted by the 1999 Act, section 65 and Schedule 4, paragraph 52, and the 2005 Act, Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/ .

[^c15350611]: S.S.I. 2004/38; regulation 26 is amended with effect from 1st April 2006 by the National Health Service (Tribunal) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/122).

[^c15350621]: S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.

[^c15350631]: Section 30 was substituted by the 1999 Act, section 58 and amended by the 2002 Act, Schedule 2, paragraph 2, and by the 2005 Act, Schedule 2, paragraph 2, and Schedule 3 with effect from 1st April 2006 in terms of S.S.I. 2006/121.

[^c15350641]: 1995 c. 36.

[^c15350651]: S.I. 1986/965; regulation 6 was substituted by S.I. 1988/543, 1991/534, 1996/843, 1999/725, S.S.I. 1999/55, 2001/62, 2004/36, and 2004/169.

[^c15350661]: S.S.I. 2004/38 as amended by S.S.I. 2004/122 and 271, 2005/335 and 2006/122.

[^c15350681]: S.I. 1998/642. Regulation 9 was amended by S.I. 1999/748.

[^c15350691]: S.I. 1989/364, amended by S.I. 1992/411, 1994/1770, 1998/251, S.S.I. 2004/369, and S.S.I. 2006/141 with effect from 1st April 2006.

[^c15350701]: 1986 c. 45.

[^c15350711]: 1986 c. 46 as amended by the Insolvency Act 2000 (2000 c. 39).

[^c15350721]: S.I. 1986/1032 (N.1.6).

[^c15350731]: 1986 c. 45.

[^c15350741]: 1995 c. 46.

[^c15350751]: 1992 c. 5;. section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

[^key-9c6d235a76ad77babdccd24fab164fb0]: Words in sch. 1 para. 2(c) substituted (1.7.2006) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/329), regs. 1, 2(3)

[^key-ea7cb74140a017166473ae84510856b6]: Words in reg. 2(1) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(2)(b)

[^key-352da84f0c86f6e81131a5e55101bff9]: Words in reg. 6(3)(b) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(a)

[^key-cd2bda7c81358b3539c926e5750891fc]: Words in reg. 6(3)(j) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(b)

[^key-f24170a8f8df66a6b489644fe89f250c]: Words in reg. 6(4)(c) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(3)(b)

[^key-d49a0442794f15d25122ced0d15aac30]: Reg. 7(1A) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(a)

[^key-5ac618c0b037c17b7c929ef6e1e15aab]: Words in reg. 7(3)(b) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(b)(i)

[^key-cddb835b4903a3ce765caa3b9f051d90]: Word in reg. 7(3)(b) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(b)(ii)

[^key-5502496c4ba86cabeb7961c77e1c56e3]: Reg. 7(3)(d) and word inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(c)

[^key-36942b1bf5d2ebebec0e8af7e3c08f7d]: Reg. 7(6) punctuation mark inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(d)

[^key-a2f54c981dc4a3a0b5b2103ffa695026]: Reg. 7(11) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(4)(e)

[^key-994141d7af2a63ba47772a489f352ec0]: Words in reg. 8(3) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(5)(a)

[^key-6eb5f15025fcd935e68ef77ebd4a4d71]: Reg. 8(4) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(5)(b)

[^key-4987c75aa5b59aaf84b0c1b929f3e212]: Word in reg. 9(6) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(6)

[^key-98a80bddd0917a351f6e937cd94238c8]: Words in reg. 12(8) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(7)(a)

[^key-5e4fd5150249a83f1b16268f0812b2b5]: Words in reg. 12(8) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(7)(b)

[^key-ae7f698c7cec0aa2ea4bd51f1631f44a]: Words in reg. 14(3)(a) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(8)

[^key-12eb0cbe8343d63db4e7459aa3c97ae3]: Words in reg. 15(1)(c) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(9)(a)

[^key-f21ac9a3bacb07d274f0ef50a690958a]: Reg. 15(2) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(9)(b)

[^key-a6f8091bf845db40ecbeb38e3776587e]: Word in reg. 16(2) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(10)

[^key-864d85b2f0d84cf9915e7beba98074ad]: Words in reg. 20(4) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(11)

[^key-4bf2017a92543e9f46ee5bca61d48fbf]: Words in reg. 21(3) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(12)(a)

[^key-c19fd4f2ca0d954323bd5e55aaad6a4c]: Reg. 21(6) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(12)(b)

[^key-f5e75b4e182ee60a8e4b927bf69354cb]: Words in reg. 25 substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(13)

[^key-99643df906b4bcababf047f61ec5b9b3]: Word in reg. 26(7) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(14)

[^key-fc7accf7be8b9d62158d7e388dfb0f31]: Words in sch. 1 para. 4(1) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(a)

[^key-91072363519b217e64e313b6f4384aa4]: Words in sch. 1 para. 9(1) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(c)(i)

[^key-4ea9fd0cc1e022ab0b9ecb79c4a0e98a]: Word in sch. 1 para. 9(2) substituted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(c)(ii)

[^key-822ee7762387550ced3b1373488d32de]: Sch. 1 para. 10(1) omitted (1.4.2007) by virtue of The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(i)

[^key-471292eb43b7d5cf364acc426673756c]: Words in sch. 1 para. 10(2) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(ii)

[^key-cc3d4186e0c08f44a9600e736bc76b0d]: Words in sch. 1 para. 10(2)(a) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(iii)

[^key-f11f5ebb1475adc639cf3d854bf29589]: Words in sch. 1 para. 10(2)(b) inserted (1.4.2007) by The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2007 (S.S.I. 2007/193), regs. 1, 2(15)(d)(iv)