National Health Service Act 2006

115 Primary ophthalmic services E+W

(1) [F1 [F2 NHS England] must exercise its powers so as to secure the provision throughout England] of the following primary ophthalmic services—

(a) the sight-testing service mentioned in subsection (2),

(b) such other primary ophthalmic services as may be prescribed, and

(c) to the extent that it considers necessary to meet all reasonable requirements, any further primary ophthalmic services.

[F3 (1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.]

(2) The sight-testing service mentioned in subsection (1)(a) is a service for testing the sight of all of the following persons (except any such testing which takes place in prescribed circumstances)—

(a) those aged under 16,

(b) those aged 16, 17 or 18 who are receiving qualifying full-time education,

(c) those whose resources must be treated in accordance with regulations as being less than or equal to their requirements,

(d) those aged 60 or over,

(e) those of such other description as may be prescribed.

(3) Regulations may—

(a) prescribe what “qualifying full-time education” is for the purposes of subsection (2)(b),

(b) make provision for the purposes of subsection (2)(c) about how a person's resources and requirements must be calculated.

[F4 (4) [F2 NHS England] may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.

(4A) Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England.]

(5) [F2 NHS England] must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary ophthalmic services for the purposes of this Act (but these regulations may not affect the duty in subsection (1)(a)).

(8) Regulations under subsection (7) may in particular describe services by reference to the manner or circumstances in which they are provided.

(9) Regulations may provide that a person—

(a) whose sight is tested by a person who is a party to a general ophthalmic services contract, and

(b) who is shown during the testing or within a prescribed time after it to fall within any of paragraphs (a) to [F6 (e)] of subsection (2),

must be taken for the purposes of the testing to have so fallen immediately before his sight was tested.

(10) In the case mentioned in subsection (9), the testing of his sight must (unless it took place in circumstances prescribed under subsection (2)) be treated as a testing under the sight-testing service mentioned in subsection (1)(a)—

(a) for the purposes of remuneration in respect of the testing, and

(b) for any such other purpose as may be prescribed.

Textual Amendments

F1 Words in s. 115(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 54(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 S. 115(1A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 54(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 115(4)(4A) substituted for s. 115(4) (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 54(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 S. 115(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 54(6); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Word in s. 115(9)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 54(7); S.I. 2013/160, art. 2(2) (with arts. 7-9)