The National Health Service (Optical Charges and Payments) Amendment (Wales) Regulations 2000

Welsh Statutory Instruments

2000 No. 978 (W. 48 )

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Optical Charges and Payments) Amendment (Wales) Regulations 2000

Made

27th March 2000

Coming into force

1st April 2000

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by section 126(4) of, and paragraph 2A of Schedule 12 to, the National Health Service Act 1977 (1) and of all other powers enabling it in that behalf:–

Citation, commencement, interpretation and application

1.  –

(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (Wales) Regulations 2000 and shall come into force on 1st April 2000.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Optical Charges and Payments) Regulations 1997(2).

(3) These Regulations shall apply to Wales only.

Amendment of regulation 1 of the principal Regulations

2.  In paragraph (2) of regulation 1 of the principal Regulations (interpretation) in the definition of “NHS sight test fee”, for the amount “£40.33” substitute “£41.54” and for the amount “£14.57” substitute “£15.01”.

Amendment of regulation 15 of the principal Regulations

3.  In paragraph (1)(b) of regulation 15 of the principal Regulations (eligibility – replacement or repair), after “regulation 8(2)” insert “(b)”.

Amendment of regulation 19 of the principal Regulations

4.  In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair)–

(a) in paragraph (1)(b), for “£42.00” substitute “£42.80”; and

(b) in paragraph (3), for “£10.80”, substitute “£11.00”

Amendment of the Schedules to the principal Regulations

5.  –

(1) In Schedule 1 to the principal Regulations (voucher letter codes and face values – supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table

TABLE

(1)	(2)
Old amount	New amount
£ 28.70	£ 29.30
£ 43.60	£ 44.50
£ 59.40	£ 60.60
£ 134.20	£ 136.90
£ 49.50	£ 50.50
£ 63.00	£ 64.30
£ 75.80	£ 77.30
£ 147.50 (in both places where it appears)	£ 150.50
£ 42.00	£ 42.80

(2) In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)–

(a) in paragraph 1(1)(a) (prism – single vision lens), for “£6.00” substitute “£6.10”;

(b) in paragraph 1(1)(b) (prism – other lens), for “£6.90” substitute “£7.00”;

(c) in paragraph 1(1)(c) (single vision tinted lens), for “£3.00” substitute “£3.10”;

(d) in paragraph 1(1)(d) (other tinted lens), for “£3.50” substitute “£3.60”;

(e) in paragraph 1(1)(e) (small glasses), for “£47.30” substitute “£48.20”, for “£42.00” substitute “£42.80”, and for “£22.70” substitute “£23.20”;

(f) in paragraph 1(1)(g) (specially manufactured frames), for “£47.30” substitute “£48.20”;

(g) in paragraph 2 (a) (minimum complex appliance payment – single vision lenses), for “£10.00” substitute “£10.20”;

(h) in paragraph 2(b) (minimum complex appliance payment – other lenses), for “£25.40” substitute “£25.90”.

(3) For Schedule 3 to the principal Regulations (voucher values – repair), substitute the Schedule 3 set out in the Schedule to these Regulations.

Use of these Regulations

6.  The amendments made by these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 2000.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis Thomas

The Presiding Officer of the National Assembly

27th March 2000

Regulation 5(3)

SCHEDULE SCHEDULE 3 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Regulations 19(2) and (3)

“SCHEDULE 3 VOUCHER VALUES – REPAIR

Nature of Repair	Letter Codes – Values
(1)	(2)
	A	B	C	D	E	F	G	H & I
	£	£	£	£	£	£	£	£
Repair or replacement of one lens	9.10	16.70	24.80	63.00	19.80	26.50	33.20	69.80
Repair or replacement of two lenses	18.40	33.60	49.70	125.90	39.60	53.10	66.40	139.50
Repair or replacement of:
the front of a frame	9.40	9.40	9.40	9.40	9.40	9.40	9.40	9.40
a side of a frame	5.60	5.60	5.60	5.60	5.60	5.60	5.60	5.60
the whole frame	11.00	11.00	11.00	11.00	11.00	11.00	11.00	11.00”

Explanatory Note

(This note does not form part of the Regulations.)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the principal Regulations”), which provide for a scheme for payments to be made by Health Authorities and National Health Service Trusts, by means of a voucher system, towards the costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances.

Regulation 2 amends the definition of “NHS sight test fee” in regulation 1(2) of the principal Regulations to reflect the values of the two levels of fee for National Health Service sight tests payable to ophthalmic medical practitioners and opticians at the time these regulations come into force. These amounts are relevant to the determination of eligibility for, and the redemption value of, a voucher towards the cost of a sight test.

Regulation 3 amends regulation 15 of the principal Regulations to include young people aged 16 to 18, who are receiving full-time education, in the categories of patient who may be eligible for payments for the repair or replacement of optical appliances.

Regulation 4 amends regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair) to increase the value of an optical voucher issued towards the cost of replacing a single contact lens, and to increase the maximum contribution by way of a voucher to the cost of repairing a spectacle frame.

Regulation 5(1) amends Schedule 1 to the principal Regulations to increase the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses.

Regulation 5 (2) amends Schedule 2 to the principal Regulations to increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances.

Regulation 5 (3) and the Schedule substitute a new Schedule 3 in the principal Regulations to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances.

The rate of increase is, on average, approximately 2.0%.

(1)

1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 126(4) was amended by the 1990 Act, section 65(2). Paragraph 2A of Schedule 12 was inserted by the Health and Social Security Act 1984 (c. 48), Schedule 1, Part I, paragraph 3 and amended by the Health and Medicines Act 1988 (c. 49), section 13(2) and (3). The functions of the Secretary of State under section 126(4) of, and paragraph 2A of Schedule 12 to, the National Health Service Act 1977 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions ) Order 1999 (S.I. 1999/672).

(2)

S.I. 1997/818. Relevant amending instruments are S.I. 1997/2488, 1998/499 and 1999/609.

(3)

1998 c. 38