2024 No. 38
National Health Service

The National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 26, 70(1), 73(a), 74(a) and 105(7) and paragraphs 2(2) and 2A of schedule 11 of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the National Health Service (Optical Charges and Payments and General Ophthalmic Services) (Scotland) Amendment Regulations 2024 and come into force on 1 April 2024.

(2)

In these Regulations—

“the 1998 Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 19982, and
“the 2006 Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 20063.

Amendment of the 1998 Regulations2.

The 1998 Regulations are amended in accordance with regulations 3 to 6.

Amendment of regulation 19 of the 1998 Regulations3.

In regulation 19 (redemption value of voucher for replacement or repair)—

(a)

in paragraph (1)(b) for “£60.75” substitute “£61.77 ”,

(b)

in paragraph (3)(a) for “£15.80” substitute “£16.06”,

(c)

in paragraph (3)(b) for “£68.45” substitute “£69.60”.

Amendment of schedule 1 of the 1998 Regulations4.

In schedule 1 (voucher letter codes and face values supply and replacement) in column 3 of the table (face value of voucher) for each amount specified in column 1 of the table below (old amount) substitute the amount specified in relation to it in column 2 (new amount).

Column 1

Column 2

Old amount

New amount

£41.70

£42.40

£63.20

£64.26

£92.60

£94.14

£208.90

£212.40

£71.90

£73.10

£91.20

£92.72

£118.50

£120.48

£229.70

£233.56

£214.00

£217.58

£60.75

£61.77

Amendment of schedule 2 of the 1998 Regulations5.

For schedule 2 (voucher values – repair) substitute the schedule 2 set out in the schedule of these Regulations.

Amendment of schedule 3 of the 1998 Regulations6.

In schedule 3 (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)—

(a)

in paragraph 1(1)(a) for “£13.45” substitute “£13.67”,

(b)

in paragraph 1(1)(b) for “£16.40” substitute “£16.67”,

(c)

in paragraph 1(1)(c) for “£4.70” substitute “£4.77”,

(d)

in paragraph 1(1)(d) for “£5.20” substitute “£5.28”,

(e)

in paragraph 1(1)(e)—

(i)

in sub-head (i) for “£68.45” substitute “£69.60”,

(ii)

in sub-head (ii) for “£60.75” substitute “£61.77”,

(iii)

in sub-head (iii) for “£32.80” substitute “£33.35”,

(f)

in paragraph 1(1)(g) for “£68.45”, “£60.75” and “£32.80” substitute “£69.60”, “£61.77” and “£33.35” respectively,

(g)

in paragraph 2(a) for “£15.55” substitute “£15.81”,

(h)

in paragraph 2(b) for “£39.90” substitute “£40.57”.

Amendment of the 2006 Regulations7.

The 2006 Regulations are amended in accordance with regulations 8 to 12.

Amendment of regulation 2 of the 2006 Regulations8.

In regulation 2(1) (interpretation) omit the definition of “patient practice record form”4.

Amendment of regulation 12 of the 2006 Regulations9.

In regulation 12 (removal from ophthalmic list)—

(a)

in paragraph (2)—

(i)

omit the words from “after” to “optician,”,

(ii)

for “6” substitute “12”,

(b)

in paragraph (3) omit the words from “after” to “optician”.

Amendment of regulation 22 of the 2006 Regulations10.

In regulation 22(2) (application for an eye examination)5 omit the words from “and, where” to the end.

Amendment of regulation 23 of the 2006 Regulations11.

In regulation 23 (application on behalf of children or incapable persons)6—

(a)

in paragraph (1)—

(i)

omit “Subject to paragraph (2),”,

(ii)

omit the words from “, and, where” to “signed”,

(iii)

in sub-paragraph (b) omit “or giving such a signature”,

(iv)

in head (iii) omit “or give such a signature”,

(b)

omit paragraph (2).

Amendment of schedule 1 of the 2006 Regulations12.

In schedule 1 (terms of service)—

(a)

omit paragraph 5 (visits),

(b)

in paragraph 13(1) (payments), for “6” substitute “3”.

Savings provision - regulations 3 to 613.

The amendments made by regulations 3 to 6 have no effect in relation to a voucher accepted pursuant to regulation 12 of the 1998 Regulations or used pursuant to regulation 17 of the 1998 Regulations prior to these Regulations coming into force.

JENNI MINTO
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE

Regulation 5

“SCHEDULE 2VOUCHER VALUES – REPAIR

Regulation 19(2) and (3)

Column 1

Column 2

Nature of Repair to Appliance

Letter Codes-Values

A

B

C

D

E

F

G

H

I

£

£

£

£

£

£

£

£

£

Repair or replacement of one lens

13.17

24.10

39.04

98.17

28.52

38.33

52.21

108.75

100.76

Repair or replacement of two lenses

26.34

48.20

78.08

196.34

57.04

76.66

104.42

217.50

201.52

Repair or replacement of the front of a frame

13.47

13.47

13.47

13.47

13.47

13.47

13.47

13.47

13.47

Repair or replacement of a side of a frame

7.98

7.98

7.98

7.98

7.98

7.98

7.98

7.98

7.98

Repair or replacement of the whole frame

16.06

16.06

16.06

16.06

16.06

16.06

16.06

16.06

16.06”

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend (a) the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 (“the 1998 Regulations”) 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 the supply, replacement and repair of optical appliances and (b) the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (“the 2006 Regulations”) on the provision of general ophthalmic services under the National Health Service in Scotland.

These Regulations amend the voucher values in the 1998 Regulations to—

  1. a)

    increase the redemption value of a voucher issued towards the cost of replacing a single contact lens, increase the maximum contribution by way of a voucher to the cost of repairing a frame and increase the maximum supplement for repair of small glasses and special frames (regulation 3),

  2. b)

    increase the value of vouchers issued towards the cost of supply and replacement of optical appliances (regulation 4),

  3. c)

    increase the value of vouchers issued towards the cost of repair of optical appliances (regulation 5), and

  4. d)

    increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances (regulation 6).

These Regulations amend the 2006 Regulations to—

  1. a)

    remove references to “patient practice record form” and make consequential amendments (regulations 8, 10 and 11),

  2. b)

    amend regulation 12 to alter processes for removal from the Ophthalmic List (regulation 9), and

  3. c)

    amend schedule 1 to remove paragraph 5 (on notice for visits) and alter the time period in paragraph 13 for submitting a claim for fees for general ophthalmic services (regulation 12).

Regulation 13 makes savings provision in relation to the amendments made by regulations 3 to 6. The increases to the voucher values in the 1998 Regulations do not apply to vouchers accepted or used before these Regulations come into force.