The National Health Service (Amendments relating to Optical Charges and Payments) (Wales) Regulations 2009

Welsh Statutory Instruments

2009 No. 589 (W.56)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Amendments relating to Optical Charges and Payments) (Wales) Regulations 2009

Made

10 March 2009

Laid before the National Assembly for Wales

11 March 2009

Coming into force

1 April 2009

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 71, 128, 129, 130, and 203(9) and (10) of the National Health Service (Wales) Act 2006(1).

Title, commencement, interpretation and application

1.—(1) The title of these Regulations is the National Health Service (Amendments relating to Optical Charges and Payments) (Wales) Regulations 2009 which come into force on 1 April 2009.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations —

• “the Optical Regulations” (“y Rheoliadau Optegol”) means the National Health Service (Optical Charges and Payments) Regulations 1997(2);

• “the 1986 Regulations” (“y Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986(3).

Amendment of regulation 1 of the Optical Regulations

2.  In regulation 1(2) of the Optical Regulations (citation, commencement and interpretation), in the definition of “NHS sight test fee” —

(a) for “£54.67” substitute “£55.93”; and

(b) for “£19.80” substitute “£20.26”.

Amendment of regulation 8 of the Optical Regulations

3.  In regulation 8(3)(l)(ii) (eligibility — supply of optical appliances) for “£15,050” substitute “£15,276”.

Amendment of regulation 19 of the Optical Regulations

4.  Regulation 19 of the Optical Regulations (redemption value of voucher for replacement or repair) is amended as follows —

(a) in paragraph (1)(b), for “£51.90” substitute “£52.90 ”; and

(b) in paragraph (3), for “£13.40” substitute “£13.70 ”.

Amendments to the Schedules to the Optical Regulations

5.—(1) Schedules 1 to 3 to the Optical Regulations are amended in accordance with the following provisions of this regulation.

(2) In Schedule 1 (voucher letter codes and face values-supply and replacement) in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below:

(1)	(2)
Old amount	New amount
£35.50	£36.20
£54.00	£55.10
£79.00	£80.60
£178.40	£182.00
£61.40	£62.70
£78.10	£79.70
£101.20	£103.30
£196.10	£200.10
£182.70	£186.40
£51.90	£52.90

(3) In Schedule 2 (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a) in paragraph 1(1)(a), for “£11.60” substitute “£11.80”;

(b) in paragraph (1)(1)(b), for “£13.90” substitute “£14.20 ”;

(c) in paragraph 1(1)(c), for “£3.90” substitute “£4.00 ”;

(d) in paragraph 1(1)(d), for “£4.40” substitute “£4.50 ”;

(e) in paragraph 1(1)(e), for “£58.50”, “£51.90” and “£28.00” substitute “£59.70”, “£52.90” and “£28.60” respectively;

(f) in paragraph 1(1)(g), for “£58.50” substitute “£59.70 ”;

(g) in paragraph 2(a), for “£13.40” substitute “£13.70 ”; and

(h) in paragraph 2(b), for “£33.90” substitute “£34.60 ”.

(4) For Schedule 3 (voucher values-repair), substitute the Schedule 3 set out in the Schedule to these Regulations.

Transitional Provision

6.  The amounts substituted by regulations 4 and 5 apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1 April 2009.

Amendment of regulation 13 of the 1986 Regulations

7.  In regulation 13(2)(l)(ii) of the 1986 Regulations (sight-tests eligibility) for “£15,050” substitute “£15,276”.

Edwina Hart

Minister for Health and Social Services, one of the Welsh Ministers

10 March 2009

Regulation 5(4)

SCHEDULE SCHEDULE 3 TO THE OPTICAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Regulation 19(2) and (3)

“SCHEDULE 3 VOUCHER VALUES REPAIR

(1)	(2)
Nature of Repair	Letter of Codes—Values
	A	B	C	D	E	F	G	H	I
	£	£	£	£	£	£	£	£	£
Repair or replacement of one lens	11.25	20.70	33.45	84.15	24.50	33.00	44.80	93.20	86.35
Repair or replacement of two lenses	22.50	41.40	66.90	168.30	49.00	66.00	89.60	186.40	172.70
Repair or replacement of:
The front of a frame	11.60	11.60	11.60	11.60	11.60	11.60	11.60	11.60	11.60
A side of a frame	6.90	6.90	6.90	6.90	6.90	6.90	6.90	6.90	6.90
The whole frame	13.70	13.70	13.70	13.70	13.70	13.70	13.70	13.70	13.70”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical Regulations”) which provide for payments to be made by means of a voucher system in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances. These Regulations also amend the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”) which contain provision for the arrangements for general ophthalmic services under the National Health Service.

Regulation 2 amends regulation 1 of the Optical Regulations so as make reference to an increase in the NHS sight test fees of 2.3%.

Regulation 3 amends regulation 8 of the Optical Regulations to increase the amount used as the basis for calculating eligibility for a contribution to the cost of an optical appliance under those Regulations.

Regulation 4 amends regulation 19 of the Optical Regulations to increase the redemption value of a voucher issued towards the cost of replacement of a single contact lens and to increase the maximum contribution by way of voucher to the cost of a repair of a frame.

Regulation 5 and the Schedule amend the Schedules to the Optical Regulations to increase the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses, to increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances and to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances. The rate of increase in the value of vouchers in these Regulations is approximately 2%.

Regulation 6 makes transitional provision in relation to vouchers accepted or used on or before 31 March 2009.

Regulation 7 of these Regulations amends regulation 13 of the 1986 Regulations to increase the amount used as a basis for calculating entitlement to a free sight test under those Regulations.

(1)

2006 c. 42.

(2)

S.I. 1997/818 as amended.

(3)

S.I. 1986/975 as amended.