The National Health Service (Primary Ophthalmic Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the General Ophthalmic Services Contracts Regulations 2008 (“the GOS Regulations”), the Primary Ophthalmic Services Regulations 2008 (“the POS Regulations”) and the National Health Service (Charges for Appliances) Regulations 1974.

Part 2 and Schedule 1 make amendments to the GOS Regulations. (The GOS Regulations set out the framework for General Ophthalmic Services Contracts under section 117 of the National Health Service Act 2006 (“the 2006 Act”).)

Part 3 makes transitional provisions in respect of General Ophthalmic Services Contracts.

Part 4 and Schedule 2 make amendments to the POS Regulations. (The POS Regulations make provision for who is entitled to a sight test under the 2006 Act.)

Part 5 makes transitional provisions in respect of the POS Regulations.

Part 6 makes amendments to the National Health Service (Charges for Appliances) Regulations 1974.

Part 7 revokes in relation to England regulations that made amendments to the National Health Service (General Ophthalmic Services) Regulations 1986, which themselves have been revoked in relation to England.

Most of these amendments are as a consequence of the transfer of functions relating to primary ophthalmic services to the National Health Service Commissioning Board from Primary Care Trusts, and the abolition of Strategic Health Authorities and Primary Care Trusts upon the coming into force of sections 33 and 34 of the Health and Social Care Act 2012 (“the 2012 Act”).

In addition, these Regulations make the following amendments—

• regulation 13(4) of the GOS Regulations is omitted, so that where a Contractor or ophthalmic practitioner tests the sight of a patient with diabetes or glaucoma there is no longer a need to notify the patient’s doctor of the test results;

• paragraph 20 of Schedule 1 to the GOS Regulations is amended as a consequence of the abolition of local involvement networks and the establishment of Local Healthwatch organisations in accordance with section 222(2A) of the National Health Service Act 2006 as amended by section 183(2) of the 2012 Act;

• paragraph 56 is inserted into Schedule 1 to the GOS Regulations as a consequence of the newly established Special Health Authority known as Health Education England and the duty in section 1F of the 2006 Act;

• regulation 3 of the POS Regulations is amended to include receipt of universal credit as a ground for eligibility for a sight test during the period April to October 2013.

A full regulatory impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen. A full impact assessment has been produced in relation to the relevant provisions of the 2012 Act and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583 .