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The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No.2) Regulations 1999

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Scottish Statutory Instruments

1999 No. 55

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Ophthalmic Services) (Scotland) Amendment (No.2) Regulations 1999

Made

7th September 1999

Laid before the Scottish Parliament

10th September 1999

Coming into force

For the purposes of regulations

4(a) and (b) and 8

5th October 1999

For all other purposes

1st October 1999

The Scottish Ministers, in exercise of the powers conferred on them by sections 26, 32E, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Ophthalmic Services) (Scotland) Amendment (No.2) Regulations 1999 and shall come into force for the purposes of regulations 4(a) and (b) and 8 on 5th October 1999 and for all other purposes on 1st October 1999.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986(2).

General amendment of the principal Regulations

2.  In the following regulations, after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”–

  • regulation 7 (application for inclusion in ophthalmic list and notification of changes)(3);

  • regulation 8 (withdrawal from ophthalmic list);

  • regulation 9 (removal from ophthalmic list)(4);

  • regulation 10 (the statement);

  • regulation 13A (payments to contractors suspended by direction of the Tribunal)(5);

  • regulation 14A (sight test – applications)(6);

  • regulation 16 (publication of particulars)(7);

  • regulation 17 (service of documents on contractors).

Amendment of regulation 2 of the principal Regulations

3.  In regulation 2(1) of the principal Regulations (interpretation)–

(a)after the definition of “the Agency” there is inserted–

“amount withdrawn” means the amount by which the appropriate maximum disabled person’s tax credit or working families' tax credit, as the case may be, determined in accordance with section 129(8) or 128(5) of the Social Security Contributions and Benefits Act 1992, as the case may be, is reduced by virtue of the claimant’s income exceeding the applicable amount;(8);

(b)for the definition of “disability working allowance” there is substituted–

“disabled person’s tax credit” means disabled person’s tax credit under section 129 of the Social Security Contributions and Benefits Act 1992;;

(c)the definition of “family credit” is omitted;

(d)after the definition of “suspended by direction of the Tribunal”(9) there is inserted–

“working families' tax credit” means working families' tax credit under section 128 of the Social Security Contributions and Benefits Act 1992;

(e)after the definition of “patient” there is inserted–

“primary care NHS trust” means an NHS trust to which certain functions referred to in section 12AA of the Act are delegated by the Board;(10).

Amendment of regulation 6 of the principal Regulations

4.  In regulation 6 of the principal Regulations (ophthalmic list)(11)–

(a)in paragraphs (1) and (4) after the word “Board” there is inserted “or primary care NHS trust”;

(b)in paragraph (1) for the words “its area” there is substituted “the appropriate part of the Board’s area”;

(c)in paragraph (3)(b) for the words “Board’s area” there is substituted “appropriate part of the Board’s area”.

Amendment of regulation 12 of the principal Regulations

5.  In regulation 12 of the principal Regulations (arrangements for particular districts)(12) after the word “Board” in the first and third places where it occurs there is inserted “or primary care NHS trust”;

Amendment of regulation 13 of the principal Regulations

6.  In regulation 13 of the principal Regulations (payment for services)(13)–

(a)in paragraphs (1) and (3) after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”;

(b)in paragraph (1) for the words “their area” there is substituted “the appropriate part of the Board’s area”.

Amendment of regulation 14 of the principal Regulations

7.  In regulation 14 of the principal Regulations (sight tests – eligibility)(14)–

(a)for paragraph (2)(c) there is substituted–

(c)he is in receipt of working families' tax credit with an amount withdrawn of £70 or less;;

(b)for paragraph (2)(d) there is substituted–

(d)he is a member of the same family as a person who is in receipt of working families' tax credit with an amount withdrawn of £70 or less;;

(c)for paragraph (2)(g) there is substituted–

(g)he is in receipt of disabled person’s tax credit with an amount withdrawn of £70 or less; or;

(d)in paragraph (4)(b) for the words “family credit” there is substituted “working families' tax credit”;

(e)in paragraph (4)(c) for the words “disability working allowance” there is substituted “disabled person’s tax credit”.

Amendment of Schedule 1 to the principal Regulations

8.—(1) Schedule 1 to the principal Regulations (terms of service)(15) is amended as follows.

(2) In the following paragraphs, after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”–

  • paragraph 2 (incorporation of provisions);

  • paragraph 4 (premises and equipment);

  • paragraph 5 (notices);

  • paragraph 6 (records);

  • paragraph 7 (deputies);

  • paragraph 8 (employees);

  • paragraphs 8A and 8B (complaints)(16).

(3) In paragraph (2) (incorporation of provisions)–

(a)for sub-paragraph (b)(iii) there is substituted–

(iii)the investigation of the excessive testing of sight and/or the excessive issuing of optical vouchers;;

(b)in sub-paragraph (c) for “regulation 9(2) to (6)” there is substituted “regulation 9”(17).

Transitional provision

9.  Where before 5th October 1999 a person’s resources were treated as being less than or equal to his requirements by virtue of regulation 14(2)(c) or (d) of the principal Regulations (eligibility for sight tests under general ophthalmic services by reference to receipt by family credit) or regulation 14(2)(g) or (h) of those Regulations (eligibility for sight tests under general ophthalmic services by reference to receipt of disability working allowance), those resources shall continue to be so treated for so long as family credit or disability working allowance, as the case may be, remains in payment.

SUSAN C DEACON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th September 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986 (S.I.1986/965) (“the principal Regulations”), which provide for arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide general ophthalmic services under the National Health Service.

These Regulations amend the principal Regulations to include reference, where appropriate, to primary care NHS trusts to which responsibility for certain functions relating to the provision of services mentioned in Part II of the National Health Service (Scotland) Act 1978 (c. 29) are delegated by the Health Boards (regulations 2, 4, 5, 6 and 8(2)). They insert a new definition of “primary care NHS trust” (regulation 3(e)).

Regulation 8(3)(a) amends Schedule 1 to the principal Regulations (terms of service) so that the excessive testing of sight and the excessive issuing of optical vouchers by opticians may be investigated as a breach of the contractors' terms of service. Regulation 8(3)(b) also amends Schedule 1 to the principal Regulations to correct a previous drafting error.

The Regulations amend the categories of eligibility for free sight tests to include people in receipt of disabled person’s tax credit and working families' tax credit, which replace disability working allowance and family credit respectively (regulations 3(a) to (d) and 7). Regulation 9 makes provision in connection with people in receipt of disability working allowance and family credit during the transitional period.

(1)

1978 c. 29; section 26 was amended by the Health and Social Security Act 1984 (c. 48), section 1(5) and (7), Schedule 1, Part II, paragraphs 1 to 4 and Schedule 8 and by the Health and Medicines Act 1988 (c. 49), section 13(4); section 32E was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8; section 105(7), which contains provisions relevant to the making of Regulations, was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(3)

Regulation 7 was amended by S.I.1988/543.

(4)

Regulation 9 was amended by S.I.1996/843.

(5)

Regulation 13A was inserted by S.I.1996/843 and amended by S.I.1999/725.

(6)

Regulation 14A was inserted by S.I.1989/387.

(7)

Regulation 16 was substituted by S.I.1988/543.

(8)

1992 (c. 4); sections 128 and 129 were amended by the Tax Credits Act 1999 (c. 10), Schedule 1, paragraphs 2(g) and (h).

(9)

The definition of “suspended by direction of the Tribunal” was inserted by S.I.1996/843.

(10)

Section 12AA was inserted into the National Health Service (Scotland) Act 1978 (c. 29) by the Health Act 1999 (c. 8), section 47.

(11)

Regulation 6 was substituted by S.I.1988/543 and amended by S.I.1996/843 and 1999/725.

(12)

Regulation 12 was amended by S.I.1988/543.

(13)

Regulation 13 was substituted by S.I.1996/843 and amended by S.I.1999/725.

(14)

Regulation 14 was substituted by S.I.1989/387 and amended by S.I.1995/704 and 1996/2353.

(15)

Schedule 1 was amended by S.I.1988/543, 1989/387 and 1177, 1990/1048, 1996/843 and 1999/725.

(16)

Paragraphs 8A and 8B were inserted by S.I.1996/843.

(17)

Paragraph 2(c) was amended by S.I.1989/387.

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