- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
16.—(1) A patient who considers that a payment may be made under this Part in his case in respect of the replacement or repair of his optical appliance may indicate to the supplier that he wishes such a payment may be made.
[F1(2) In the case of a replacement, the supplier shall–
(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
(b)mark on the voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;
(c)duly complete the relevant part of the voucher with–
(i)the name and address of the patient,
(ii)the patient’s date of birth;
(d)if the patient has been asked for, but not produced, satisfactory evidence of entitlement, record the fact on the voucher.
(3) In the case of a repair, the supplier shall–
(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
(b)mark on the voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be repaired as set out in column 1 of that Schedule;
(c)indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises–
(i)the replacement or repair of one or more lens included in the appliance and, if so, how many,
(ii)the repair of a frame and, if so, whether it is the whole frame, the front of the frame or one or both sides of the frame;
(d)duly complete the relevant parts of the voucher with–
(i)the name and address of the patient,
(ii)the patient’s date of birth;
(e)if the patient has been asked for, but not produced, satisfactory evidence of entitlement, record the fact on the voucher.]
(4) The patient shall sign on the voucher–
(a)a declaration in writing to the effect that he is an eligible person, indicating the grounds of his eligibility;
(b)a declaration in writing to the effect that the optical appliance cannot be replaced or repaired free of charge under the terms of any warranty, insurance or other arrangement made with its supplier or manufacturer; and
(c)an undertaking in writing to the effect that, if he is unable to show that he is an eligible person, he will pay to the responsible authority an amount equal to the voucher’s redemption value.
(5) A patient who is an eligible person only by virtue of regulation 8(2)(d) or only by virtue of his resources being treated in accordance with regulation 8(3)(e) or (f) as being less than his requirements shall show a current notice of entitlement to the supplier and permit [F2the supplier] to copy such details as may be required for the purposes of regulation 18(2)(b)(iv) [F3or (2C)(b)(v)].
(6) In a case to which regulation 15(1)(b) applies, a supplier intending to use the voucher under regulation 17 shall first submit it to the responsible authority so that it may be satisfied as to the circumstances in which the loss or damage occurred and give its approval to the use of the voucher.
Textual Amendments
F1Reg. 16(2)(3) substituted (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), 6
F2Words in reg. 16(5) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 7(a)
F3Words in reg. 16(5) inserted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 7(b)
Commencement Information
I1Reg. 16 in force at 1.4.1998, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.