|
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| |
Miscellaneous and final provisions |
| |
| |
| |
“the 2000 Act” means the Care Standards Act 2000 (c. 14); |
| |
“the appropriate authority” means— |
| 5 |
(a) | in relation to England, the Secretary of State, and |
| |
(b) | in relation to Wales, the Assembly; |
| |
“the Assembly” means the National Assembly for Wales; |
| |
“the British College of Optometrists” means the unincorporated body of |
| |
| 10 |
“the Commission for Healthcare Audit and Inspection” means the body |
| |
established under section 41 of the Health and Social Care (Community |
| |
Health and Standards) Act 2003 (c. 43); |
| |
“establishment” has the meaning given by regulation 2(1) of the relevant |
| |
| 15 |
“the General Medical Council” has the meaning given by section 1(1) of |
| |
the Medical Act 1983 (c. 54); |
| |
“the General Optical Council” has the meaning given by section 1(1) of the |
| |
Opticians Act 1989 (c. 44); |
| |
“general practitioner” means a medical practitioner who— |
| 20 |
(a) | performs primary medical services pursuant to Part 1 of the |
| |
National Health Service Act 1977 (c. 49), or |
| |
(b) | performs services which correspond to primary medical |
| |
services provided under Part 1 of that Act, otherwise than in |
| |
| 25 |
“laser eye surgery” means a surgical procedure using a laser that is |
| |
intended permanently to alter the focusing of the eye; |
| |
“medical practitioner” means a registered medical practitioner; |
| |
“National Health Service body” means a National Health Service trust, an |
| |
NHS foundation trust, a Special Health Authority or a Primary Care |
| 30 |
| |
“the National Institute for Clinical Excellence” means the Special Health |
| |
Authority of that name established under the National Institute for |
| |
Clinical Excellence (Establishment and Constitution) Order 1999 (S.I. |
| |
| 35 |
“optometrist” means a person whose name is included in one of the |
| |
registers maintained by the General Optical Council under section 7 of |
| |
| |
“patient”, in relation to an establishment, means a person for whom |
| |
treatment is provided in or for the purposes of the establishment; |
| 40 |
“the patients’ guide” has the meaning given— |
| |
(a) | in relation to England, by regulation 7 of the relevant |
| |
| |
(b) | in relation to Wales, by regulation 6 of the relevant regulations; |
| |
“prescribed” means prescribed by regulations made by the appropriate |
| 45 |
| |
“protection fund” means the fund established and maintained in |
| |
accordance with the provisions of section 15; |
| |
| |
| |
|
| |
| |
“registered manager”, in relation to an establishment, means a person |
| |
who is registered under Part 2 of the 2000 Act as the manager of the |
| |
| |
“the register of ophthalmologists” means the register established and |
| |
maintained under section 5; |
| 5 |
“registered person”, in relation to an establishment, means any person |
| |
who is the registered provider or the registered manager of the |
| |
| |
“registered provider”, in relation to an establishment, means a person |
| |
who is registered under Part 2 of the 2000 Act as the person carrying on |
| 10 |
| |
“registration authority” means— |
| |
(a) | in relation to England, the Commission for Healthcare Audit |
| |
| |
(b) | in relation to Wales, the Assembly; |
| 15 |
“relevant establishment” means an independent hospital or an |
| |
independent clinic in which laser eye surgery is provided; |
| |
“the relevant regulations” means— |
| |
(a) | in relation to England, the Private and Voluntary Health Care |
| |
(England) Regulations 2001 (S.I. 2001/3968), and |
| 20 |
(b) | in relation to Wales, the Private and Voluntary Health Care |
| |
(Wales) Regulations 2002 (S.I. 2002/325); |
| |
“the Royal College of Ophthalmologists” means the body of that name |
| |
incorporated by Royal Charter dated 14 April 1988; |
| |
“statement of purpose” has the meaning given— |
| 25 |
(a) | in relation to England, by regulation 6 of the relevant |
| |
| |
(b) | in relation to Wales, by regulation 5 of the relevant regulations; |
| |
“the Tribunal” means the Tribunal established by section 9 of the |
| |
Protection of Children Act 1999 (c. 14). |
| 30 |
18 | Orders and regulations |
| |
(1) | The power to make regulations or an order under this Act is exercisable by |
| |
| |
(2) | A statutory instrument containing regulations or an order made by the |
| |
Secretary of State under this Act (other than under sections 7 and 20) is— |
| 35 |
(a) | to be laid before Parliament after being made, and |
| |
(b) | subject to annulment in pursuance of a resolution of either House of |
| |
| |
(3) | No regulations under section 7 may be made by the Secretary of State unless a |
| |
draft of the regulations has been laid before Parliament, and approved by a |
| 40 |
resolution of each House. |
| |
(4) | The power conferred under this Act to make regulations or an order includes |
| |
| |
(a) | to make different provision for different cases (including different |
| |
provision in respect of different areas); |
| 45 |
(b) | to make provision subject to such exemptions and exceptions as the |
| |
appropriate authority thinks fit; and |
| |
| |
| |
|
| |
| |
(c) | to make such incidental, supplemental, consequential and transitional |
| |
provision as the appropriate authority thinks fit. |
| |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by the Secretary of State by virtue of this Act; and |
| 5 |
(b) | any increase attributable to this Act in the sums payable out of money so |
| |
provided under any other enactment. |
| |
20 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Regulation of Laser Eye Surgery Act 2005. |
| |
(2) | Section 1 shall come into force on such date as the Secretary of State may by |
| 10 |
order determine, but the date so determined shall be a date before the end of a |
| |
period that ends twelve months after the day on which this Act receives Royal |
| |
| |
(3) | The following sections shall come into force on such date as the Secretary of |
| |
State may by order determine— |
| 15 |
| |
| |
| |
(4) | The Secretary of State shall consult the Assembly before making an order |
| |
under subsection (2) or (3). |
| 20 |
(5) | The following sections shall come into force on such date as the appropriate |
| |
authority may by order determine— |
| |
(a) | sections 7 to 12, and |
| |
| |
(6) | This Act extends to England and Wales only. |
| 25 |
| |
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|
