The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998

PART VII S MISCELLANEOUS

Amounts wrongly paid S

21.—(1) Where a person who is not an eligible person declares on a voucher that he is an eligible person and in consequence the responsible authority makes a payment under these Regulations, the person who makes the declaration shall repay the amount of that payment to the responsible authority.

(2) Where a supplier makes a claim for payment to the responsible authority, representing that the conditions specified in regulation F1 ... [F2 13(2) or (2C), or 18(2) or (2C)] are fulfilled, but those conditions are not fulfilled and the authority makes a payment to the supplier under these Regulations, it may recover the amount of that payment from the supplier.

Textual Amendments

F1 Word in reg. 21(2) omitted (1.4.2019) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 9(a)

F2 Words in reg. 21(2) substituted (1.4.2019) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 9(b)

Commencement Information

I1 Reg. 21 in force at 1.4.1998, see reg. 1(1)

Signatures and claims for payments S

22.  A signature required by these Regulations shall be given, and a claim for payment pursuant to regulation F3 ... 20 shall be made–

(a) on behalf of a child by either parent or, in the absence of both parents, the guardian or other adult person who has the care of the child;

(b) on behalf of any other person who is incapable of giving the signature, by–

(i) an adult relative;

(ii) any other adult who has the care of that person; or

(iii) any other adult competent so to sign in accordance with any rule of law;

(c) on behalf of any person under 18 years of age–

[F4 (i) who is looked after by a local authority within the meaning of section 17(6) of the Children (Scotland) Act 1995 by a person duly authorised by that authority]

(ii) in the care of a voluntary organisation, by that organisation or a person duly authorised by them.

Textual Amendments

F3 Words in reg. 22 omitted (1.4.2019) by virtue of The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 2019 (S.S.I. 2019/50), regs. 1, 10

F4 Reg. 22(c)(i) substituted (1.4.1999) by The National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 (S.I. 1999/748), regs. 1, 11

Commencement Information

I2 Reg. 22 in force at 1.4.1998, see reg. 1(1)

Application of these Regulations S

23.  The amounts specified in these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 on or after 1st April 1998.

Commencement Information

I3 Reg. 23 in force at 1.4.1998, see reg. 1(1)

Revocations S

24.  The Regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.

Commencement Information

I4 Reg. 24 in force at 1.4.1998, see reg. 1(1)