The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

Payments to suppliers S

13.— [F1 (1) Subject to paragraph (2B), the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has accepted the voucher from a patient in accordance with regulation 12; and

(b) the conditions specified in paragraph (2) are fulfilled.]

(2) The conditions referred to in paragraph (1) [F2 (b)] are that–

(a) the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to him;

(b) the optical appliance is not sold or supplied in contravention of section [F3 27(1)] of the Optician’s Act 1989(1); and

(c) the supplier has–

(i) made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient;

(ii) made a claim for a payment [F4 by means of electronic communication in accordance with paragraph (2A)] to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance;

(iii) where the patient has shown a notice of entitlement to him, informed the responsible authority of the amount of the patient’s contribution, if any; and

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 3, certified that the glasses supplied were small glasses.

[F5 (2A) A claim [F6 as mentioned in paragraph (2)(c)(ii) must]—

(a) be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

(b) confirm the matters referred to in paragraph (2)(c)(iii) and (iv), where applicable; and

(c) contain the personal identification number that has been allocated to the supplier by the responsible authority.]

[F7 (2B) Where a voucher has been issued by a Health Board in accordance with regulation 10 the responsible authority must make a payment of a voucher’s redemption value to a supplier if—

(a) the supplier has accepted the voucher from a patient in accordance with regulation 12; and

(b) the conditions specified in paragraph (2C) are fulfilled.

(2C) The conditions referred to in paragraph (2B)(b) are that—

(a) the patient has signed the declaration and undertaking referred to in regulation 12(4) and acknowledged receipt on the voucher of the optical appliance supplied to them;

(b) the optical appliance is not sold or supplied in contravention of section 27(1) of the Optician’s Act 1989; and

(c) the supplier has—

(i) made and kept a written record of the supply and issued to the patient a receipt for any money received from the patient;

(ii) made a claim for a payment either by means of electronic communication in accordance with paragraph (2D) or on a duly completed voucher to the responsible authority, within the period of 3 months beginning with the date of supply of the optical appliance;

(iii) where the patient has shown a notice of entitlement to the supplier, informed the responsible authority of the amount of the patient’s contribution, if any; and

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of schedule 3, certified that the glasses supplied were small glasses.

(2D) A claim as mentioned in paragraph (2C)(c)(ii) which is made by means of electronic communication must—

(a) be submitted using such computer programme as the responsible authority has approved as suitable for that purpose;

(b) confirm the matters referred to in paragraph (2C)(c)(iii) and (iv), where applicable; and

(c) contain the personal identification number that has been allocated to the supplier by the responsible authority.]

[F8 (3) The responsible authority shall also make a payment, to be determined by the Scottish Ministers, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 12(6).]

Textual Amendments

F1 Reg. 13(1) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 6(a)

F2 Word in reg. 13(2) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 6(b)(i)

F3 Word in reg. 13(2)(b) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 8

F4 Words in reg. 13(2)(c)(ii) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 6(b)(ii)

F5 Reg. 13(2A) inserted (1.7.2015) by The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/219), regs. 1, 2(3)(b)

F6 Words in reg. 13(2A) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 6(c)

F7 Reg. 13(2B)-(2D) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 6(d)

F8 Reg. 13(3) inserted (1.5.2001) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2001 (S.S.I. 2001/88), regs. 1(2)(c), 5

Commencement Information

I1 Reg. 13 in force at 1.4.1998, see reg. 1(1)

(1)

1989 c. 44.