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National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 1362 (W.90)

NATIONAL HEALTH SERVICE, WALES

National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2001

Made

29th March 2001

Coming into force

1st April 2001

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 38, 39, 78, 126(4) and 127 of, and paragraphs 2 and 2A of Schedule 12 to the National Health Service Act 1977(1)) hereby makes the following Regulations:

Citation, commencement, interpretation and application

1.—(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (Wales) Regulations 2001, and shall come into force on 1st April 2001.

(2) In these Regulations unless the context otherwise requires—

  • “the 1997 Regulations” (“Rheoliadau 1997”) means the National Health Service (Optical Charges and Payments) Regulations 1997(2);

  • “the 1986 Regulations” (“Rheoliadau 1986”)means the National Health Service (General Ophthalmic Services) Regulations 1986(3).

(3) These Regulations shall apply to Wales only.

Amendment of regulation 8 of the 1997 Regulations

2.  In regulation 8 of the 1997 Regulations (eligibility - supply of optical appliances), in paragraphs (3)(c) (receipt of working families' tax credit) and (g) (disabled person’s tax credit), for “£70” substitute “£71”.

Amendment of regulation 19 of the 1997 Regulations

3.  In regulation 19 of the 1997 Regulations (redemption value of voucher for replacement or repair)—

(a)in paragraph (1)(b), for “£42.80” substitute “£43.90”; and

(b)in paragraph (3), for “£11.00” substitute “£11.30”.

Amendment of the Schedules to the 1997 Regulations

4.—(1) In Schedule 1 to the 1997 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 amountNew amount
£ 29.30£ 30.00
£ 44.50£ 45.60
£ 60.60£ 62.10
£ 136.90£ 140.30
£ 50.50£ 51.80
£ 64.30£ 65.90
£ 77.30£ 79.60
£ 150.50 (Where it appears in both places)£ 154.30
£ 42.80£ 43.90

(2) In Schedule 2 to the 1997 Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a)in paragraph 1(1)(a) (prism - single vision lens), for “£6.10” substitute “£6.30”;

(b)in paragraph 1(1)(b) (prism - other lens), for “£7.00” substitute “£7.20”;

(c)in paragraph 1(1)(c) (single vision tinted lens), for “£3.10” substitute “£3.20”;

(d)in paragraph 1(1)(d) (other tinted lens), for “£3.60” substitute “£3.70”;

(e)in paragraph 1(1)(e) (small glasses), for “£48.20” substitute “£49.40”, and for “£42.80” substitute “£43.90”, and for “£23.20” substitute “£23.80”;

(f)in paragraph 1(1)(g) (specially manufactured frames) for “£48.20” substitute “£49.40”;

(g)in paragraph 2(a) (minimum complex appliance payment - single vision lenses), for “£10.20” substitute “£10.50”.

(h)in paragraph 2(b) (minimum complex appliance payment - other lenses), for “£25.90” substitute “£26.50”.

(3) For Schedule 3 to the 1997 Regulations (voucher values - repair), substitute the Schedule 3 set out in the Schedule to these Regulations.

Amendment of regulation 13 of the 1986 Regulations

5.  In regulation 13 of the 1986 Regulations (Sight Tests - eligibility), in paragraphs (2)(c) (receipt of working families' tax credit) and (2)(g) (receipt of disabled person’s tax credit), for “£70” substitute “£71”.

Use of these Regulations

6.—(1) The amendments made by regulations 2 and 5 of these Regulations apply only in relation to awards of working families' tax credit and disabled person’s tax credit that are made on or after 10th April 2001.

(2) The amendments made by regulations 3 and 4 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulations 12 or 17 of the 1997 Regulations on or after 1st April 2001.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4)

Dafydd Elis Thomas

The Presiding Officer of the National Assembly

29th March 2001

Regulation 3(3)

SCHEDULESCHEDULE 3 TO THE 1997 REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Regulations 19(2) and (3)

SCHEDULE 3VOUCHER VALUES - REPAIR

(1)(2)
Nature of repairLetter Codes - Values
ABCDEFGH&I
££££££££
Repair or replacement of one lens9.3517.1525.4064.5020.2527.3034.1571.50
Repair or replacement of two lenses18.7034.3050.80129.0040.5054.6068.30143.00
Repair or replacement of the front of a frame:9.609.609.609.609.609.609.609.60
the side of a frame5.705.705.705.705.705.705.705.70
the whole frame11.3011.3011.3011.3011.3011.3011.3011.30

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”). The 1997 Regulations provide for a scheme of payments to be made by Health Authorities and NHS Trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances. The 1986 Regulations contain provision for the arrangements for general ophthalmic services under the National Health Service.

Regulation 2 amends regulation 8 of the 1997 Regulations to increase the value of the figure specified therein for the “amount withdrawn” from awards of working families' tax credit and disabled person’s tax credit.

Regulation 3 amends regulation 19 of the 1997 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 4(1) amends Schedule 1 of the 1997 Regulations to increase the value of vouchers issued towards the costs of the supply and replacement of glasses and contact lenses.

Regulation 4(2) amends Schedule 2 to the 1997 Regulations to increase the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances.

Regulation 4(3) and the Schedule substitute a new Schedule 3 in the 1997 Regulations to increase the value of vouchers issued towards the repair and replacement of optical appliances.

The rate of increase is, on average, approximately 2.5%.

Regulation 5 amends regulation 13 of the 1986 Regulations to increase the value of the figure for the “amount withdrawn” from awards of working families' tax credit and disabled person’s tax credit.

Regulation 6 contains transitional provisions.

(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 38 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 1 and Schedule 1, paragraph 51; by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), section 1(3); by S.I.1985/39, article 7(11); by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 13(1); and by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 27.

Section 39 was extended by the 1988 Act, section 17; and amended by the Health Services Act 1980 (c. 53), section 1 and Schedule 1, paragraph 52, by the 1984 Act, section 1(4) and Schedule 1, paragraph 1 and Schedule 8; by S.I.1985/39, article 7(12); and by the 1995 Act, Schedule 1, paragraph 28.

Section 126(4) was amended by the 1990 Act, section 65(2) and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 37(6). Paragraph 2(1) of Schedule 12 was substituted by the 1988 Act, Schedule 2, paragraph 8(1); Paragraph 2A of Schedule 12 was inserted by the 1984 Act, Schedule 1, Part 1, paragraph 3 and amended by the 1988 Act, section 13(2) and (3).

The functions of the Secretary of State under sections 38, 39, 78, 126(4) and 127 of, and paragraphs 2 and 2A of Schedule 12 to the 1977 Act are transferred to the National Assembly for Wales by The National Assembly for Wales (Transfer of Functions) Order 1999, S.I.1999/672, article 2 and Schedule 1, as amended by section 66(5) of the 1999 Act.

(2)

S.I.1997/818; the relevant amending instruments are S.I.1997/2488, 1998/499, 1999/609, 2000/978 and 3119.

(3)

S.I.1986/975; the relevant amending instruments are S.I.1988/486, 1989/395 and 1175, 1990/1051, 1991/583, 1992/404, 1995/558, 1996/705 and 2320, 1999/693 and 2481.

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