National Health Service Act 1977

2 [F1 (1) The optical appliances referred to in section 78(1) above are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.] E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) Regulations may—

(a) vary the amount or maximum amount of any charge authorised by section 78(1) for any . . . F3 optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b) vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 78(1) may be made so as to take effect—

(i) in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing, takes place on or after the date on which the regulations come into force;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) No charge shall be made under section 78(1) [F6 or (1A)] in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4) No charge shall be made under section 78 [F7 (1A)] in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

[F8 (a) was under [F9 18] years of age or was under 19 years of age and receiving qualifying full-time education; or]

(b) was an expectant mother or had borne a child within the previous twelve months.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(6) Regulations made with respect to any exemption under sub-paragraph (4) . . . F2 above may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7) In sub-paragraphs (4) . . . F2 “the relevant time” means—

(a) in relation to a dental appliance supplied otherwise than under Part II, . . . F2 the time of the examination . . . F2 leading to the supply of the appliance, or the first such examination . . . F2 ;

(b) in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8) References in section 78 and in this paragraph to the supply of appliances shall be construed as including references to their replacement [F11 and, in the case of dentures, to their being relined or adjusted or having additions made to them,] but no charge shall be made under those provisions in respect of the replacement of dentures . . . F2 if the replacement is required in consequence of loss or damage.

Textual Amendments

F1 Sch. 12 para. 2(1) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(1)

F2 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F3 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F4 Sch. 12 para. 2(2)(ii) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F5 Para 2(2)(iii) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. 1

F6 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(2)

F7 Word substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(3)

F8 Para. 2(4)(a) substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 2(3)

F9 Word substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(8)

F10 S. 15(2), Sch. 12 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F11 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 2(5)