Search Legislation

National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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) (No.2) (Wales) Regulations 2001, and shall come into force on 1st May 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(1);

  • “the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986(2).

(3) These Regulations shall apply to Wales only.

Amendment of the 1997 Regulations

2.  In regulation 1(2) of the 1997 Regulations (interpretation), in the definition of “NHS sight test fee”, for the amount “£42.79” substitute “£42.85” and for the amount “£15.46” substitute “£15.52”.

3.—(1) Regulation 12 of the 1997 Regulations (use of vouchers for supply of optical appliances) shall be amended in accordance with the following provisions.

(2) In paragraph (1) for “paragraphs (4) and (5)”, substitute “paragraphs (4), (5) and (6)”.

(3) After paragraph (5) add—

(6) When the patient presents the voucher—

(a)the supplier shall ask him to produce satisfactory evidence that he is an eligible person, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him; and

(b)if the patient is requested to produce satisfactory evidence of entitlement, but does not do so, the supplier shall record the fact on the voucher..

4.  At the end of regulation 13 of the 1997 Regulations (payments to suppliers), add—

(3) The responsible authority shall also make a payment, the amount of which shall be determined by the National Assembly for Wales, to the supplier to meet or contribute to the cost incurred by the supplier in complying with regulation 12(6)..

5.  In regulation 16 of the 1997 Regulations (completion of vouchers), for paragraphs (2) and (3) substitute—

(2) In the case of a replacement, the supplier shall—

(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases, other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;

(b)mark on the voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced, as set out in column 1 of that Schedule;

(c)duly complete the relevant parts of the voucher with—

(i)the name and address of the patient,

(ii)the patient’s date of birth;

(d)if the patient has been asked for, but not shown, satisfactory evidence of entitlement, record the fact on the voucher.

(3) In the case of repair, the supplier shall—

(a)ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;

(b)mark on the voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;

(c)indicate on the voucher the nature of the repair to the appliance to be undertaken and, in particular, whether it comprises—

(i)he replacement or repair of one or more lenses included in the appliance and, if so, how many,

(ii)the repair of a frame and, if so, whether it is the whole frame, the front of a frame or one or both sides of a frame;

(d)duly complete the relevant parts of the voucher with—

(i)the name and address of the patient,

(ii)the patient’s date of birth; and

(e)if the patient has been asked for, but not shown, satisfactory evidence of entitlement, record the fact on the voucher..

6.  At the end of regulation 18 of the 1997 Regulations (payments to suppliers for replacement and repair), add—

(3) The responsible authority shall also make a payment, the amount of which shall be determined by the National Assembly for Wales, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 16(2) or (3)..

Amendment of the 1986 Regulations

7.  In regulation 2 of the 1986 Regulations (interpretation), the following shall be inserted in the appropriate alphabetical order—

“day centre” means an establishment attended by patients who would have difficulty in obtaining general ophthalmic services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided;

“mobile practice” means a contractor who does not have practice premises in a locality, but who has undertaken to provide general ophthalmic services at day or residential centres in that locality;

“residential centre” means an establishment for patients who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability..

8.—(1) Regulation 6 of the 1986 Regulations (ophthalmic list) shall be amended in accordance with the following provisions.

(2) In paragraph (3)(b) after “provide general ophthalmic services” add “, or in the case of a mobile practice, the address to which correspondence in connection with such provision may be sent, and the addresses of any day or residential centres they intend to visit more than once; ”.

(3) In paragraph (3)(c) after “at those addresses” add “, or in the case of day or residential centres, the months in which such visits are intended to take place and the planned interval between such visits;”.

9.—(1) Regulation 13A (sight tests - applications), shall be amended in accordance with the following provisions.

(2) For paragraph (4)(a) substitute—

(4) (a) subject to paragraph (5)—

(i)satisfy himself that the person is an eligible person by asking for satisfactory evidence of entitlement, unless the contractor, in cases other than where the patient is a person specified in regulation 13(1)(c), already has satisfactory evidence of it available to him; and

(ii)where the patient has been asked for, but not produced, satisfactory evidence that he is an eligible person, then the contractor shall record the fact on the patient’s sight test form;.

(3) After paragraph (5) add the following paragraphs—

(6) Where the contractor has provided the sight test at the place where the patient normally resides, he shall record on the sight test form the reason given by the patient, or on the patient’s behalf, for not being able to leave home unaccompanied.

(7) The contractor may appoint a member of his staff to carry out the requirements of paragraph (4)(a)(i) and (ii) on his behalf, and he shall ensure the member of staff so appointed is given instruction to enable that person to fulfil the requirements on his behalf..

10.  For regulation 16 (service of documents on contractors) substitute—

Service of documents on contractors

16.  Subject to regulation 9(6), any document which is required or authorised under these regulations (including the terms of service) to be given to a contractor may be given by delivering it to him or by sending it addressed to him at any address notified by him to the Health Authority for inclusion in the ophthalmic list as a place at which he has undertaken to provide general ophthalmic services, or in the case of a mobile practice, the address notified to the Health Authority as the address to which correspondence may be sent..

11.—(1) Schedule 1 (terms of service) shall be amended in accordance with the following provisions.

(2) In paragraph 2 (incorporation of provisions)—

(a)for sub-paragraph (b)(iii) substitute—

(iii)the investigation of excessive issuing of optical vouchers following a sight test;;

(b)for sub-paragraph (c) substitute—

(c)regulation 9 of the National Health Service (Optical Charges and Payments) Regulations 1997(3)).

(3) In paragraph 3 (premises at which general ophthalmic services are to be provided), for sub-paragraph (2) substitute—

(2) Where requested to do so by or on behalf of a patient, who is—

(a)unable to leave home unaccompanied because of physical or mental illness or disability, a contractor may agree to provide general ophthalmic services at the place at which the patient normally resides; or

(b)attending a day centre, a contractor may agree to provide general ophthalmic services at that day centre..

(4) after paragraph 3 insert the following paragraph—

Visits by mobile practices

3A.(1) The contractor shall give a Health Authority notice in accordance with sub-paragraph (2) of any visits, which he intends to make to provide general ophthalmic services to at least three persons at a day centre or residential centre in its locality.

(2) The contractor shall notify the Health Authority at least a month in advance of the beginning of the month in which he intends to visit any day centre or residential centre in its locality and the intervals at which he intends to make return visits..

(5) In paragraph 4 (premises and equipment)—

(a)in sub-paragraph (1) after “Subject to” insert “sub-paragraph (1A) and”;

(b)after sub-paragraph (1) insert —

(1A) In the case of a mobile practice, the contractor shall provide suitable equipment for the provision of the general ophthalmic services that he has undertaken to provide.;

(c)in sub-paragraph (2) after “Subject to” insert “sub-paragraph (2A) and”;

(d)after paragraph (2) insert—

(2A) In the case of a mobile practice, the contractor, on receipt of a written request from a Health Authority or the National Assembly for Wales, shall arrange for an authorised officer of the Health Authority or of the National Assembly for Wales to be allowed to inspect at a reasonable time the facilities and equipment that he uses..

(6) In paragraph 5 (notices), for “the National Health Service (Optical Charges and Payments) Regulations 1989” substitute “the National Health Service (Optical Charges and Payments) Regulations 1997”.

(7) For paragraph (6) (records) substitute—

Records

6.(1) A contractor shall keep a proper record in respect of each patient to whom he provides general ophthalmic services, giving appropriate details of sight testing.

(2) Subject to paragraph 8(5), a contractor shall retain all such records for a period of seven years, and shall during that period produce them when required to do so by a Health Authority or the National Assembly for Wales—

(a)to an officer authorised by a Health Authority or by the National Assembly for Wales; and

(b)within such period, not being less than 14 days, as the Health Authority or the National Assembly for Wales may specify..

(8) In paragraph 10 (testing of sight), in sub-paragraph (2) for “he shall so inform the patient’s doctor” substitute “he shall, if appropriate, and with the consent of the patient, inform the patient’s doctor of his opinion.”.

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

D. Elis Thomas

The Presiding Officer of the National Assembly

5th April 2001

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources