1. These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment Regulations 1999 and shall come into force on 1st April 1999.
2. The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998(1) shall be amended in accordance with the following provisions of these Regulations.
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–
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;
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;
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;
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;
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;
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–
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;
having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and
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.”.
4. In regulation 8 (eligibility – supply of optical appliances) in paragraph (2) after the words “at the time of” there is inserted “the payment for”.
5. In regulation 9 (issue of vouchers by ophthalmic medical practitioners and opticians)–
(a)after paragraph (1) there is inserted–
“(1A) Where–
(a)a patient has been supplied with an optical appliance following a testing of sight under the Ophthalmic Services Regulations or otherwise;
(b)the patient has indicated that he is an eligible person; and
(c)the ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–
(i)the prescription relating to the patient’s existing optical appliance is unchanged; and
(ii)the patient requires a new optical appliance because his existing appliance has been rendered unserviceable by fair wear and tear,
the ophthalmic medical practitioner or optician may issue to the patient, in accordance with paragraph (2), a voucher relating to the optical appliance prescribed by the prescription.
(1B) Where–
(a)a patient has been issued with a prescription following a testing of sight under the Ophthalmic Services Regulations or otherwise;
(b)the patient has indicated that, following the issue of the prescription, he has become an eligible person; and
(c)an ophthalmic medical practitioner or optician, having consulted any records which he has relating to the patient and having made such enquiry of the patient as he considers relevant, is satisfied that–
(i)no voucher has been issued in respect of the prescription; and
(ii)the prescription is unchanged,
the ophthalmic medical practitioner or optician may issue to the patient a voucher relating to the optical appliance prescribed by the prescription.”;
(b)in paragraph (4) for the words “Health Board responsible for the arrangements for the sight test,” there is substituted “Agency”;
(c)in paragraph (5) after the word “Unless” there is inserted “paragraph (1A) or”.
6. For regulation 11 (issue of replacement vouchers by Health Boards or NHS Trusts) there is substituted–
11. Where, on an application by a patient within 2 years of a voucher having been issued to him under regulation 9(1) or 10(1), the Agency, a Health Board or NHS Trust is satisfied, having made such enquiries as it considers relevant, that the voucher has been lost or destroyed without having been presented to a supplier of optical appliances, it may authorise an ophthalmic medical practitioner or optician to issue to the patient a replacement voucher completed in accordance with regulation 9(2)(a) and (b) or 10(2)(a) and (b), but with the date of issue of the voucher being that on which the replacement is issued.”.
7. In regulation 12 (use of vouchers for the supply of optical appliances), in paragraph (1) for the words “six months” there is substituted “2 years”.
8. In regulation 13 (payments to suppliers), in paragraph 2(b) for “21(1)” there is substituted “27(1)”.
9. In regulation 19 (redemption value of voucher for replacement or repair)–
(a)in paragraph (1)(b) for “£40.90” there is substituted “£42.00”;
(b)in paragraph (3)(a) for “£10.50” there is substituted “£10.80”; and
(c)in paragraph (3)(b) for “£46.10” there is substituted “£47.30”.
10. In regulation 20 (payments to patients in respect of the supply, replacement or repair of optical appliances)–
(a)in paragraph (3)–
(i)before the words “Any such claim” there is inserted “Subject to paragraph (3A),”;
(ii)after the words “after the date of” there is inserted “payment for”;
(b)after paragraph (3), there is inserted–
“(3A) Where a patient pays by instalments for the supply, replacement or repair of an optical appliance, any claim he makes under paragraph (2)(a) or (b) must be made within three months after the date of payment of the first instalment.”;
(c)in paragraph (5), before the words “Where the Secretary of State” there is inserted “Subject to paragraph (7),”;
(d)in paragraph (6), before the words “Where the responsible authority” there is inserted “Subject to paragraph (7),”;
(e)after paragraph (6), there is inserted–
“(7) Where the responsible authority makes a payment under paragraph (5) or (6) to a patient who pays by instalments for the supply, replacement or repair of an optical appliance, that payment shall be made as soon as reasonably practicable after the date on which the total value of the instalments paid becomes equal to or greater than the redemption value of the voucher which could have been completed under regulation 9, 10 or 16 if the patient had satisfied the requirements of regulation 9(1), 10(1) or 16(4), as the case may be.”.
11. In regulation 22 (signatures and claims for payments) for paragraph (c)(i) there is substituted–
“(i)who is looked after by a local authority within the meaning of section 17(6) of the Children (Scotland) Act 1995(2) by a person duly authorised by that authority”.
12.—(1) For Schedule 1 (voucher letter codes and face values – supply and replacement), there is substituted the Schedule 1 set out in Part I of the Schedule to these Regulations.
(2) For Schedule 2 (voucher values – repair) there is substituted the Schedule 2 set out in Part II of the Schedule to these Regulations.
(3) In Schedule 3 (prism, tints, photochromic lenses, small glasses and special frames and complex appliances)–
(a)in paragraph 1(1)(a) (single vision lens with prism) for “£5.40” there is substituted “£6.00”;
(b)in paragraph 1(1)(b) (other lens with prism) for “£6.70” there is substituted “£6.90”;
(c)in paragraph 1(1)(c) (single vision tinted lens) for “£2.90” there is substituted “£3.00” and after the word “tinted” there is inserted “or photochromic”;
(d)in paragraph 1(1)(d) (other tinted lens) for “£3.40” there is substituted “£3.50” and after the word “tinted” there is inserted “or photochromic”;
(e)in paragraph 1(1)(e) (small glasses)–
(i)in sub-head (i) for “£46.10” there is substituted “£47.30”;
(ii)in sub-head (ii) for “£40.90” there is substituted “£42.00”; and
(iii)in sub-head (iii) for “£22.10” there is substituted “£22.70”;
(f)in paragraph 1(1)(g) (specially manufactured frames), for “£46.10” there is substituted “£47.30”, for “£40.90” there is substituted “£42.00” and for “£22.10” there is substituted “£22.70”;
(g)in paragraph 2(a) (minimum complex appliance payment – single vision lenses) for “£4.60” there is substituted “£10.00”;
(h)in paragraph 2(b) (minimum complex appliance payment – other lenses) for “£24.80” there is substituted “£25.40”.
13. In paragraph 1 of Schedule 3–
(a)sub-paragraph (1)(f) is hereby revoked; and
(b)in sub-paragraph (2), “, (f)” is omitted.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
9th March 1999