The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2022 and come into force on 1 July 2022.

(2) In these Regulations, “the 1998 Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998(1).

Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

2.  The 1998 Regulations are amended in accordance with regulations 3 to 7.

3.  In regulation 1(2) (citation, commencement and interpretation) after the definition of “notice of entitlement” insert—

““ophthalmic medical practitioner” has the same meaning as in the Ophthalmic Services Regulations”.

4.  In regulation 19 (redemption value of voucher for replacement or repair)—

(a) in paragraph (1)(b) for “£57.00” substitute “£58.15”,

(b) in paragraph (3)(a) for “£14.80” substitute “£15.10”,

(c) in paragraph (3)(b) for “£64.20” substitute “£65.50”.

5.  In schedule 1 (voucher letter codes and face values supply and replacement) in column 3 (face value of voucher) for each amount specified in column 1 of the table below (old amount) substitute the amount specified in relation to it in column 2 (new amount).

Column 1	Column 2
Old amount	New amount
£39.10	£39.90
£59.30	£60.50
£86.90	£88.60
£196.00	£199.90
£67.50	£68.80
£85.60	£87.30
£111.20	£113.40
£215.50	£219.80
£200.80	£204.80
£57.00	£58.15

6.  For schedule 2 (voucher values – repair) substitute the schedule 2 set out in the schedule of these Regulations.

7.  In schedule 3 (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)—

(a) in paragraph 1(1)(a) for “£12.60” substitute “£12.85”,

(b) in paragraph 1(1)(b) for “£15.40” substitute “15.70”,

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

(d) in paragraph 1(1)(d) for “£4.90” substitute “£5.00”,

(e) in paragraph 1(1)(e)—

(i) in sub-head (i) for “£64.20” substitute “£65.50”,

(ii) in sub-head (ii) for “£57.00” substitute “£58.15”,

(iii) in sub-head (iii) for “£30.80” substitute “£31.40”,

(f) in paragraph 1(1)(g)—

(i) after “hospital eye service),” insert “by an ophthalmic medical practitioner, or by an optician,”,

(ii) after “certified by the Health Board” insert “, the ophthalmic medical practitioner, or the optician”,

(iii) for “£64.20”, “£57.00” and “£30.80” substitute “£65.50”, “£58.15” and “£31.40” respectively,

(g) in paragraph 2(a) for “£14.60” substitute “£14.90”,

(h) in paragraph 2(b) for “£37.40” substitute “£38.15”.

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

8.  The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006(2) are amended in accordance with regulations 9 to 14.

9.  In regulation 2(1) (interpretation)—

(a) in the definition of “mobile practice”—

(i) after “services” insert “for a patient who is”,

(ii) after “centre or” insert “for a patient who is”,

(b) after the definition of “optometrist” insert—

““optometrist independent prescriber” means an optometrist who is a person against whose name is recorded in the register an annotation signifying that the person is qualified to order drugs, medicines and appliances”,

(c) in the definition of “practice premises” after “at” insert “or from”,

(d) after the definition of “relevant service in the armed forces” insert—

““remote facilities” means any equipment or facility which—

(a)

enables persons who are not in the same place to provide and receive general ophthalmic services, and

(b)

enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).”.

10.  In regulation 6(3) (ophthalmic list)—

(a) in sub-paragraph (b) after “at” insert “or from”,

(b) in sub-paragraph (c) after “at” insert “or from”,

(c) in sub-paragraph (d) after “at” insert “or from”,

(d) in sub-paragraph (e) after “at” in the second place where it occurs insert “or from”.

11.  In regulation 17(1)(b) (the statement) for “education and training” substitute “professional development”.

12.  In regulation 22(2) (application for an eye examination) after “form and” insert “, where the eye examination is to be carried out at any of a practice premises, day centre, residential centre or place where the applicant normally resides,”.

13.  In regulation 23(1) (application on behalf of children or incapable persons) after “and” insert “, where the eye examination is to be carried out at any of a practice premises, day centre, residential centre or place where the applicant normally resides,”.

14.  In schedule 1 (terms of service)—

(a) in paragraph 2(f) (incorporation of provisions) after “Injury” insert “or Disease”,

(b) in paragraph 3A (mandatory training)—

(i) in sub-paragraph (1)—

(aa) in head (a) after “undertake” insert “and satisfactorily complete”, and

(bb) head (b) with the “and” immediately preceding it, is omitted,

(ii) after sub-paragraph (2) insert—

“(3) Where an ophthalmic medical practitioner or optician is first included in the Ophthalmic List of any Board after 31st October in any relevant period, the requirement in paragraph (1) does not apply to that ophthalmic medical practitioner or optician for that relevant period.”

(c) in paragraph 4 (premises at which general ophthalmic services are to be provided)—

(i) after sub-paragraph (1) insert—

“(1A) A contractor described in sub-paragraph (1) may, from time to time, provide general ophthalmic services or cause such services to be provided from the practice premises using remote facilities.”,

(ii) after sub-paragraph (2) insert—

“(2A) An ophthalmic medical practitioner or optician described in sub-paragraph (2) may, from time to time, provide general ophthalmic services or assist in the provision of general ophthalmic services using remote facilities.”,

(d) in paragraph 6 (premises and equipment)—

(i) in sub-paragraph (1) after “at” insert “or from”,

(ii) in sub-paragraph (2)—

(aa) after “services” in the first place where it occurs insert “for a patient who is”,

(bb) after “or” insert “for a patient who is”,

(e) in paragraph 14(4)(i) (eye examinations) for the words “either to” substitute “to any of an optometrist independent prescriber, another ophthalmic medical practitioner,”.

Application of regulations 4 to 7

15.  The amendments made by regulations 4 to 7 apply only in relation to a voucher accepted pursuant to regulation 12 of the 1998 Regulations or used pursuant to regulation 17 of the 1998 Regulations after these Regulations come into force.

MAREE TODD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th May 2022