Health Act 2006 (c. 28)

Part 4 E+WThe National Health Service

Chapter 2E+WOphthalmic services

F137Provision of primary ophthalmic servicesE+W

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Textual Amendments

F1Ss. 37-42 repealed (1.3.2007 coming into force in accordance with s. 8(4)-(6)) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I1S. 37 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F138General ophthalmic services contractsE+W

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Textual Amendments

Commencement Information

I2S. 38 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F139Persons performing primary ophthalmic servicesE+W

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Textual Amendments

Commencement Information

I3S. 39 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F140Assistance and supportE+W

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Textual Amendments

Commencement Information

I4S. 40 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F141Local Optical CommitteesE+W

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Textual Amendments

Commencement Information

I5S. 41 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

F142Payments in respect of optical appliancesE+W

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Textual Amendments

Commencement Information

I6S. 42 in force at 1.8.2008 by S.I. 2008/1972, art. 2(a)

43General ophthalmic services: transitionalE+W

(1)The Secretary of State shall in regulations make transitional provision in respect of persons who, immediately before the coming into force of section 38 of this Act, are providing services in England under section 38 of the [F2National Health Service Act 1977 ] (general ophthalmic services).

(2)Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a general ophthalmic services contract with him; and the regulations may make provision as to the terms of any such contract.

(3)Regulations under this section may provide that, in such circumstances as the regulations may specify, a Primary Care Trust must, if any such person so wishes, enter into a contract with him, containing such terms as the regulations may specify, for the provision of ophthalmic services.

(4)Regulations under this section may make provision for the resolution of disputes in relation to any contract entered into, or proposed to be entered into, under subsection (2) or (3), including provision for the determination of disputes by the Secretary of State or a person appointed by him.

(5)Regulations under this section may make provision in respect of a period beginning before the coming into force of the provision (or of section 38 of this Act), but such provision must not as a whole be detrimental to the remuneration of the persons to whom it relates.

(6)In this section, “general ophthalmic services contract” means a contract under [F3section 117 of the 2006 Act].

Textual Amendments

F2Words in s. 43(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 283(a) (with Sch. 3 Pt. 1)

F3Words in s. 43(6) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 283(b) (with Sch. 3 Pt. 1)

Commencement Information

I7S. 43 in force for certain purposes at Royal Assent, see s. 83

I8S. 43 in force at 1.5.2008 by S.I. 2008/1147, art. 2