2004 No. 168

NATIONAL HEALTH SERVICE

The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2004

Made

Laid before the Scottish Parliament

Coming into force in accordance with regulation 1(2), (3) and (4)

The Scottish Ministers, in exercise of the powers conferred by sections 26, 70(1), 74(a), 105(7) and 108(1) of, and paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

1

These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No. 2) Regulations 2004.

2

Subject to paragraphs (3) and (4) these Regulations shall come into force on 1st April 2004.

3

Regulation 2(2)(a) shall come into force on 1st May 2004.

4

Regulation 2(4) shall come into force on 6th April 2004.

Amendment of the National Health Service (Optical Charges and Payments) (Scotland) Regulations 19982

1

The National Health Service (Optical Charges and Payments) (Scotland) Regulations 19982 are amended as follows.

2

In regulation 1(2) (interpretation)–

a

in the definition of “NHS sight test fee”3

i

in sub paragraph (a) for “£46.16 substitute “£49.19”; and

ii

in sub paragraph (b) for “£16.72” substitute “£17.82”;

b

in the definition of “responsible authority”4, omit “an NHS trust,” from paragraphs (b) to (g) and substitute “a Health Board”; and

c

in the definition of “voucher”5 in paragraph (b) omit–

i

in sub-paragraph (i) “an NHS trust” and substitute “a Health Board”; and

ii

in sub-paragraph (ii)–

aa

“an NHS trust” and substitute “a Health Board”; and

bb

NHS trust” and substitute “Health Board”.

3

In regulation 2(2) (charges for glasses and contact lenses)6 omit “NHS trust” and substitute “Health Board”.

4

In regulation 8(3)(e) (eligibility – supply of optical appliances) after “requirements as so calculated” insert “or exceeds his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20017.

5

In regulation 8(5) (eligibility – supply of optical appliances)8 omit–

a

“an NHS trust” and substitute “a Health Board”; and

b

NHS trust” and substitute “Health Board”.

6

In regulation 10 (issue of vouchers by NHS trusts in connection with the hospital eye service)9 omit–

a

NHS trusts” in the heading and substitute “Health Boards”; and

b

NHS trust” in paragraphs (1) and (2) and substitute “Health Board”.

7

In regulation 11 (issue of replacement voucher by the Agency or NHS trust)10 omit–

a

NHS trust” in the heading and substitute “Health Boards”; and

b

NHS trust” and substitute “a Health Board”.

8

In Schedule 1 (voucher letter codes and face values - supply and replacement)11, in column 1 in relation to each of the letter codes I and J, omit “an NHS trust” and substitute “a Health Board”.

9

In Schedule 3, paragraph 1(1)(g) (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)12 omit “an NHS trust” where it twice appears and substitute “a Health Board”.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 which provide for payments to be made by means of a voucher system, in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement or repair of optical appliances and make consequential provisions arising from the dissolution of NHS trusts.

Regulation 2(2) amends the definition of “NHS sight test fee” to reflect the values of the two levels of fees for National Health Service sight tests payable to ophthalmic medical practitioners and opticians. This fee is set at two levels depending on whether or not the sight test was carried out at the patient’s home and the appropriate figure is used to calculate the value of assistance towards the cost of a private sight test.

The fee for a test at home is increased from £46.16 to £49.19 and for tests elsewhere from £16.72 to £17.82.

Regulation 2(2)(b) and (c), (3) and (5) to (9) remove references to NHS trusts and substitute references to Health Boards.

Regulation 2(2)(4) increases the income level at which entitlement arises to a voucher towards the cost of an optical appliance. The income level at which entitlement arises is increased from that which is equal to (or less than) a person’s requirements to that which exceeds requirements by fifty per cent or less of the NHS prescription charge.