The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 2004

Scottish Statutory Instruments

2004 No. 98

NATIONAL HEALTH SERVICE

The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 2004

Made

8th March 2004

Laid before the Scottish Parliament

9th March 2004

Coming into force

6th April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 26, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment (No. 2) Regulations 2004 and shall come into force on 6th April 2004.

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986

2.—(1) The National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986(2) are amended as follows.

(2) In regulation 2(1)(3) (interpretation), after the definition of “residential centre” insert ““severe disability element” means the severe disability element of working tax credit as specified in section 11(6)(d) of the Tax Credits Act 2002(4);”.

(3) In regulation 14 (sight tests – eligibility)(5)–

(a) in sub-paragraph (2)(k)(i)(bb) after “disability element” add “or severe disability element”; and

(b) in paragraph (2)(k)(ii) for “£14,200” substitute “£14,600”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th March 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 (“the 1986 Regulations”), which provide for arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide general ophthalmic services under the National Health Service.

Regulation 2(2) inserts a definition of “severe disability element” into the 1986 Regulations.

Regulation 2(3)(a) amends regulation 14 of the 1986 Regulations to extend the description of persons entitled to have their sight tested under general ophthalmic services to include a person who is a member of a family, one member of which is receiving working tax credit with a severe disability element.

Regulation 2(3)(b) amends regulation 14 of the 1986 Regulations by raising the relevant income level of a person or persons at the time an award of a tax credit is made under section 14 of the Tax Credits Act 2002 from £14,200 to £14,600.

(1)

1978 c. 29; section 26 was amended by the Health and Social Security Act 1984 (c. 48), section 1(5), Schedule 1, Part II, paragraphs 1 to 4, and Schedule 8, and by the Health and Medicines Act 1988 (c. 49), section 13(4); section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5, and Schedule 7, and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1986/965.

(3)

Regulation 2 was amended by S.I. 1988/543, 1989/387, 1991/534, 1992/531, 1995/704, 1996/843 and 2353, 1999/725 and S.S.I. 1999/55, 2001/62 and 2003/201 and 432

(4)

2002 c. 21.

(5)

Regulation 14 was substituted by S.I. 1989/387 and amended by S.I. 1995/704, 1996/2353, and 1999/725 and S.S.I. 1999/55, 2001/62, 2002/86 and 2003/201 and 432.