Health and Social Care Act 2012

PART 6Ophthalmic services

54(1)Section 115 (duty relating to primary ophthalmic services) is amended as follows.

(2)In subsection (1), for the words from the beginning to “area,” substitute “The Board must exercise its powers so as to secure the provision throughout England”.

(3)After that subsection insert—

“(1A)Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.”

(4)For subsection (4) substitute—

“(4)The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.

(4A)Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England.”

(5)In subsection (5), for “Each Primary Care Trust” substitute “The Board”.

(6)Omit subsection (6).

(7)In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.

(8)For the cross-heading preceding that section substitute “Duty of the Board in relation to primary ophthalmic services”.

55(1)Section 117 (general ophthalmic services contracts: introductory) is amended as follows.

(2)In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3)In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.

(4)In subsection (4), for paragraph (b) substitute—

“(b)services which are to be performed outside England.”

56In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.

57In section 119 (exclusion of contractors), for “a Primary Care Trust” substitute “the Board”.

58In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

59In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.

60(1)Section 123 (persons performing primary ophthalmic services) is amended as follows.

(2)In the following provisions, for “a Primary Care Trust” substitute “the Board”—

(a)subsection (1), in each place it occurs,

(b)subsection (3)(j),

(c)subsection (4)(a), (b) and (d), and

(d)subsection (7)(a) and (b).

(3)In subsection (2), for paragraph (b) substitute—

“(b)the Board is responsible for an ophthalmic service if it secures its provision by or under any enactment.”

(4)In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

61(1)Section 124 (primary ophthalmic services: assistance and support) is amended as follows.

(2)In subsection (1)—

(a)for “A Primary Care Trust” substitute “The Board”, and

(b)at the end insert “or primary ophthalmic services that fall within section 115(4)”.

(3)In subsection (2)—

(a)for “a Primary Care Trust” substitute “the Board”, and

(b)for “the Primary Care Trust” substitute “the Board”.

62(1)Section 125 (Local Optical Committees) is amended as follows.

(2)In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.

(3)In subsection (3)—

(a)in paragraph (a), omit “, whether under section 115(4)(a), or”, and

(b)in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4)In subsection (7), for “a Primary Care Trust” substitute “the Board”.

(5)In subsection (10)—

(a)for “A Primary Care Trust” substitute “The Board”, and

(b)in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.