The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999

Amendment of regulation 1

3.  In regulation 1 (interpretation)–

(a) in paragraph (2)–

(i) after the definition of “the Act” there is inserted–

““the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;”;

(ii) in the definition of “NHS sight test fee”–

(a) in sub-paragraph (a) for “£39.04” there is substituted “£40.33”; and

(b) in sub-paragraph (b) for “£14.10” there is substituted “£14.57”;

(iii) for the definition of “responsibility authority” there is substituted–

• ““responsible authority” means–

  (a)

  in relation to a voucher completed or a payment made pursuant to Part III, the Health Board for the area in which the testing of sight took place, except for regulation 5 and 6 where it means the Agency;

  (b)

  in relation to a voucher issued or completed pursuant to Part IV, otherwise than by an NHS trust, the Health Board for the area in which the supply of the optical appliance took place, except for regulation 13 where it means the Agency;

  (c)

  in relation to a voucher issued pursuant to regulation 10 or completed pursuant to regulation 16 by an NHS trust, the Health Board in whose area the patient resides;

  (d)

  in relation to a voucher issued or completed pursuant to Part V, otherwise than by an NHS trust, the Health Board for the area in which the replacement or repair of the optical appliance took place except for regulation 15(1)(b) and (2), 16(6) and 18 where it means the Agency;

  (e)

  in relation to a payment made pursuant to Part VI, otherwise than by an NHS trust, the Health Board for the area in which the supply, replacement or repair of the optical appliance to which it relates took place except for regulation 20(3), (4, (5), (6) and (7) where it means the Agency;

  (f)

  in relation to a payment made pursuant to regulation 20 by an NHS trust, the Health Board in whose area the patient resides;”;

(iv) for the definition of “small glasses” there is substituted–

• ““small glasses” means glasses–

  (a)

  prescribed for a child who is under the age of 7 years at the date of issue of a voucher relating to those glasses where the voucher is issued on the same occasion as the prescription relating to those glasses is issued;

  (b)

  having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and

  (c)

  having a boxed centre distance of no more than 55 millimetres, and for this purpose “box centre” is to be construed in accordance with Part 1 of British Standard 3521/91 (Terms relating to ophthalmic optics and spectacle frames) published by the British Standards Institution as effective immediately before 9th March 1999;”;

(b) in sub-paragraph (b) of paragraph (3), before the word “where” there is inserted “subject to sub-paragraph (bb),”;

(c) after sub-paragraph (b) of paragraph (3), there is inserted–

“(bb) where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens shall be determined according to the power of the reading segment; and”;

(d) after paragraph (3) there is inserted the following new paragraph–

“(3A) A reference to “the Agency” in these Regulations includes a reference to the Agency acting on behalf of the Board.”.