The National Health Service (Optical Charges and Payments) Regulations 2013

Issue of vouchers by ophthalmic practitioners E+W

9.—(1) An ophthalmic practitioner who, following a sight test under the POS Regulations, issues a prescription for an optical appliance to a person who has indicated they are an eligible person must, in the circumstances described in paragraph (5), but subject to paragraph (6), issue to the person a voucher relating to the optical appliance prescribed F1 ...

[F2 (1A) Where an ophthalmic practitioner is required to issue a voucher under paragraph (1), the practitioner must—

(a) issue the voucher with the prescription; or

(b) where for technical reasons the voucher cannot be issued on that occasion, issue the voucher as soon as reasonably practicable after issuing the prescription.]

(2) Where—

(a) a person has been supplied with an optical appliance following a sight test under the POS Regulations or otherwise;

(b) the person has indicated that they are an eligible person; and

(c) the ophthalmic practitioner, having consulted any records they have relating to that person and having made such enquiry of the person as they consider relevant, is satisfied that—

(i) the prescription relating to the person's existing optical appliance is unchanged; and

(ii) the person requires a new optical appliance because their existing appliance has been rendered unserviceable by fair wear and tear,

the ophthalmic practitioner must issue to that person a voucher relating to the optical appliance prescribed by the prescription.

(3) Where —

(a) a person has been issued with a prescription following a sight test under the POS Regulations or otherwise;

(b) the person has indicated that, following the issue of the prescription, they have become an eligible person; and

(c) the ophthalmic practitioner, having consulted any records they have relating to that person and having made such enquiry of the person as they consider relevant, is satisfied that—

(i) no voucher has been issued in respect of the prescription;

(ii) the prescription is unchanged; and

(iii) the person requires an optical appliance for the first time or an optical appliance to a prescription the particulars of which differ from those relating to that person's existing appliance,

the ophthalmic practitioner must issue to that person a voucher relating to the optical appliance prescribed by the prescription.

(4) The ophthalmic practitioner issuing the voucher under paragraphs (1), (2) or (3) must sign it and must—

(a) mark on it the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance prescribed as set out in column 1 of that Schedule; and

(b) complete the relevant parts of the voucher with the name and address of the person, the person's date of birth, particulars of the prescription issued to the person, the date on which the person's sight was tested and the date of issue of the voucher.

(5) The circumstances referred to in paragraph (1) are where the ophthalmic practitioner, having consulted any records they have relating to that person and made such enquiry of the person as they consider relevant, is satisfied that—

(a) the person requires an optical appliance for the first time or an optical appliance to a prescription the particulars of which differ from those relating to that person's existing appliance; or

(b) the person requires an optical appliance because their existing optical appliance has been rendered unserviceable by fair wear and tear.

(6) Where a person requires a prescription for an optical appliance, the particulars of which differ from those relating to their existing appliance only because the person is non-tolerant of that appliance, and has been so since it was supplied, a voucher must not be issued unless [F3 NHS England], being satisfied that the prescription for that existing appliance was clinically correct, has authorised the issue of a voucher.

(7) Unless paragraph (2) or regulation 11 applies, only one voucher may be issued to a person in respect of any one optical appliance prescribed.

Textual Amendments

F1 Words in reg. 9(1) omitted (1.1.2024) by virtue of The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(5)(a)(i)

F2 Reg. 9(1A) inserted (1.1.2024) by The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023 (S.I. 2023/848), regs. 1(2), 4(5)(b)

F3 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1