Amendment of the 1997 Regulations2.

(1)

For paragraph (2) of regulation 3 of the 1997 Regulations (eligibility—sight tests) there shall be substituted the following—

“(2)

An eligible person is—

(a)

a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, exceed his requirements as so calculated, but whose patient’s contribution does not exceed the NHS sight test fee and whose capital resources as so calculated do not exceed the capital limit, or

(b)

a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act.”4.

(2)

In regulation 8(2) of the 1997 Regulations (eligibility—supply of optical appliances) after sub-paragraph (e) there shall be added—

“(f)

a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act”.

(3)

In regulation 15(1) of the 1997 Regulations (eligibility—replacement or repair) after sub-paragraph (b) there shall be added—

“(c)

a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act”.

(4)

In regulation 15(2) of the 1997 Regulations (eligibility—replacement or repair) for “or (b)” there shall be substituted “, (b) or (c)”.