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Preparing for a no-deal Brexit

Guidance for members on preparing for a no-deal Brexit

PREPARING FOR A NO-DEAL BREXIT

This page will help you think about the consequences of a no-deal Brexit for your practice, and how to manage them.
 
It outlines the key points in the UK Government’s recent guidance on no-deal Brexit planning for providers of NHS services in England, including optical practices. Parts of that guidance will also be relevant to optical practices located in other parts of the UK, and to practices that don’t provide NHS services.
 
This page also summarises what other governments in the UK have said about no-deal Brexit planning for health service providers.

For general information about Brexit and optical practices, see our common questions and answers about Brexit and optics.

Should I start preparing for a no-deal Brexit?

If you have a role in running an optical practice, you will need to start thinking about the consequences of a no-deal Brexit for your practice, and how to manage them.

The UK Government has negotiated a Withdrawal Agreement with the EU, including a transition period after 29 March 2019 which would avoid a disorderly no-deal Brexit on that date. But it remains unclear whether Parliament will agree to the Withdrawal Agreement, or (if not) whether the UK Government will be able to make other arrangements, such as suspending the withdrawal process, in order to avoid a no-deal Brexit on 29 March.

The UK Government has therefore stepped up its planning for a no-deal Brexit. In late December 2018 the Government published new guidance for healthcare providers in England, including optical practices that provide NHS services, on preparing for no-deal.

Given the high level of political uncertainty around the outcome of the Brexit process, we recommend that if you have a role in running a UK optical practice, you should: 

  • Read the summary on this page of the key points in the December 2018 UK Government guidance
  • Consider whether you need to read the full Government guidance, and/or take any follow-up action

The UK Government guidance – key points

The UK Government guidance for NHS service providers in England says that all providers, including optical practices, must consider and plan for the risks that may arise due to a no-deal Brexit. 

In particular, the Government says that providers should now take the following steps:

Planning

1. Assess the risks of a no-deal Brexit and test your business continuity plans against those risks by the end of February 2019, to ensure your plans are fit for purpose

2. Make a note of your regional NHS lead for EU Exit and their contact details (the contacts for each English region are listed on page 5 of the Government guidance), and tell them about any issues you experience that may have a widespread impact

Medicines, medical devices and clinical consumables

3. Continue to follow the UK Government’s previous advice not to stockpile medicines, medical devices or clinical consumables beyond business as usual stock levels, because the Government is developing UK-wide contingency plans for continued supply
4. Advise your patients that they do not need to stockpile additional medicines at home

Staff

5. If you have health and care staff who are EU citizens, tell them about the new EU Settlement Scheme (see I have staff who are UK citizens – what do I need to do? below)
6. If you think workforce problems may pose a risk to the delivery of your contracted services, notify your local commissioner and your regional NHS EU Exit Team as soon as possible

Data protection

7. If you operate in the EU or EEA as well as the UK, or if you transfer personal data between the UK and the EU/EEA: 
  • Consider whether disruption to such data transfers could affect patient care or could have other serious impacts 
  • Follow the guidance published by the Government and the Information Commissioner’s Office (ICO) on data protection in the context of a no-deal Brexit 
8. If you need to complete the Data Security and Protection Toolkit, consider doing so before the March 2019 deadline so that you can consider and address any vulnerabilities before Brexit

Record the costs of preparing for ‘no deal’

9. Record any costs you incur in complying with the UK Government guidance, including opportunity costs (which should be recorded separately from costs with a direct financial impact). Please note that the UK Government guidance does not say the Government will reimburse such costs – so we do not recommend that you put significant effort into this, unless you incur material costs which can only be attributed to the need to follow the Government’s guidance and prepare for a no-deal Brexit

I have staff who are EU citizens – what do I need to do?

In late 2018 the UK Government ran a pilot scheme to allow EU citizens to stay in the UK after Brexit, which was open to people employed in health and social care, including GOC registrants. The pilot scheme closed in December 2018, but the Government has said a new EU Settlement Scheme will open by March 2019. 

The UK Government has published some information about the mechanics of the new Scheme here. It will come into force if the Withdrawal Agreement comes into force, or if there is a no-deal Brexit on 29 March 2019. We assume the new Scheme may not come into force by March 2019 if the withdrawal process is delayed, for example to allow for a further referendum. 

The UK Government has said that:

  • UK businesses with health and care staff who are citizens of another EU member state should tell them about the new EU Settlement Scheme
  • The new Scheme will remain open until the end of 2020 in the event of a no-deal Brexit, so there will be plenty of time for EU citizens to register

What other governments in the UK have said about no-deal Brexit planning

Since healthcare is a devolved matter in the UK, each of the UK’s governments has a role in planning for the impact of a no-deal Brexit on healthcare services. This page summarises recent public statements from the devolved governments on no-deal Brexit planning. Members in Scotland, Wales and Northern Ireland may want to contact their national optometry body (Optometry Scotland, Optometry Wales or Optometry Northern Ireland) if they have specific queries about the work of the relevant government.

Scotland

On 18 December 2018 the Scottish Government gave a statement to the Scottish Parliament on Preparations for EU Exit, which said that:

  • The Scottish Government will work with the UK Government and others to prepare for any Brexit eventuality, and has decided to accelerate work to mitigate the impact of a no-deal outcome
  • The Scottish Government’s attempts to ensure continuing supplies of medicines are being hampered by a lack of information about which medicines could be subject to supply problems, although the UK Government had recently agreed to share this data
  • Work on stockpiling of medical devices and clinical consumables in Scotland is ongoing
  • The evidence is clear that a no-deal outcome would be a disaster, and the Scottish Government has called on the UK Government to rule it out

Wales

On 19 December 2018 the First Minster of Wales said a no-deal outcome would be a catastrophic failure, but the Welsh Government has been preparing for it and will be further intensifying work to develop contingency plans.

The Welsh Government has set up an online Brexit Portal which is intended to help support Welsh businesses to mitigate the risks of Brexit.

Northern Ireland

Devolved government in Northern Ireland was suspended in 2017. Direct rule from Westminster has not been reinstated, but UK Government ministers are responsible for oversight on a care and maintenance basis. The Department of Health in Northern Ireland does not appear to have published any recent guidance or statement about preparation for a no-deal Brexit. 

Published 10 January 2019