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The Sight Testing (Examination and Prescription) Amendment (Scotland) Regulations 2006

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Scottish Statutory Instruments

2006 No. 134

OPTICIANS

The Sight Testing (Examination and Prescription) Amendment (Scotland) Regulations 2006

Made

9th March 2006

Laid before the Scottish Parliament

10th March 2006

Coming into force

1st April 2006

The Scottish Ministers, in exercise of powers conferred by section 26(1) and (3) of the Opticians Act 1989(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Sight Testing (Examination and Prescription) Amendment (Scotland) Regulations 2006 and shall come into force on 1st April 2006.

(2) These Regulations extend to Scotland only.

Amendment of the Sight Testing (Examination and Prescription) (No. 2) Regulations 1989

2.—(1) The Sight Testing (Examination and Prescription) (No. 2) Regulations 1989(2) are amended as follows.

(2) In regulation 3(1), for “paragraph (2)” substitute “paragraphs (2) and (3)”.

(3) After regulation 3(2)(3), insert–

“(3) In Scotland, the provisions of paragraphs (1)(b)(ii) do not apply where the doctor or optometrist refers the patient to an ophthalmic hospital, in accordance with paragraph 14(4) of Schedule 1 to the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(4).”.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th March 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Sight Testing (Examination and Prescription) (No. 2) Regulations 1989 (“the Regulations”) which make provision as to the requirements to be met by registered medical practitioners and ophthalmic opticians (optometrists) on testing a person’s sight.

Regulation 2 amends the Regulations so that the duty, in Scotland, to issue a written statement as to whether the patient is being referred to a registered medical practitioner does not arise in a case to which paragraph 14(4) of Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 2006 applies.

(1)

1989 c. 44. 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).

(2)

S.I. 1989/1230 as amended by S.I. 2005/480, 848 and 1481.

(3)

There are amendments to regulation 3 which are not relevant to Scotland.

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