Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 370

HEALTH AND PERSONAL SOCIAL SERVICES

Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2001

Made

12th October 2001

Coming into operation

12th November 2001

The Department of Health, Social Services and Public Safety(1), in exercise of the powers conferred on it by Articles 62, 98, 106, and 107(6) of, and Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972(2) and of all other powers enabling it in that behalf, with the approval of the Department of Finance and Personnel, and after consultation with such organisations as appeared to the Department to be representative of medical practitioners practising as ophthalmic medical practitioners, and ophthalmic opticians, as required by Article 62(3) of the said Order, hereby makes the following Regulations:

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 12th November 2001.

(2) In these Regulations—

(a) “the 1997 Regulations” means the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997(3);

(b) “the 1986 Regulations” means the General Ophthalmic Services Regulations (Northern Ireland) 1986(4).

Commencement Information

I1 Reg. 1 in operation at 12.11.2001, see reg. 1(1)

Amendment of the 1997 Regulations N.I.

2.  In Regulation 1(2) of the 1997 Regulations (interpretation), in the definition of “health service sight test fee”, for the amount of “£42·79” substitute “£42·85” and for the amount “£15·46” substitute “£15·52”.

Commencement Information

I2 Reg. 2 in operation at 12.11.2001, see reg. 1(1)

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, but does not do so, the supplier shall record the fact on the voucher.”.

Commencement Information

I3 Reg. 3 in operation at 12.11.2001, see reg. 1(1)

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

“(3) The Agency shall also make a payment, to be determined by the Department, to the supplier to meet or contribute to the cost incurred by the supplier in complying with regulation 12(6).”.

Commencement Information

I4 Reg. 4 in operation at 12.11.2001, see reg. 1(1)

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 a 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 of the appliance to be undertaken and, in particular, whether it comprises—

(i) the 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 patients' 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.”.

Commencement Information

I5 Reg. 5 in operation at 12.11.2001, see reg. 1(1)

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

“(3) The Agency shall also make a payment, to be determined by the Department, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 16(2) or (3)”.

Commencement Information

I6 Reg. 6 in operation at 12.11.2001, see reg. 1(1)

Amendment of 1986 Regulations N.I.

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 7-11 revoked (9.11.2007) by General Ophthalmic Services Regulations (Northern Ireland) 2007 (S.R. 2007/436), regs. 1, 23(1), Sch. 3 (with reg. 23(2))

8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I7 Reg. 8 in operation at 12.11.2001, see reg. 1(1)

F1 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 7-11 revoked (9.11.2007) by General Ophthalmic Services Regulations (Northern Ireland) 2007 (S.R. 2007/436), regs. 1, 23(1), Sch. 3 (with reg. 23(2))

F1 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 7-11 revoked (9.11.2007) by General Ophthalmic Services Regulations (Northern Ireland) 2007 (S.R. 2007/436), regs. 1, 23(1), Sch. 3 (with reg. 23(2))

F1 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 7-11 revoked (9.11.2007) by General Ophthalmic Services Regulations (Northern Ireland) 2007 (S.R. 2007/436), regs. 1, 23(1), Sch. 3 (with reg. 23(2))

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 12th October 2001.

L.S.

D. A. Baker

Senior Officer of the

Department of Health, Social Services and Public Safety

The Department of Finance and Personnel hereby approves the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th October 2001.

L.S.

Rodney Scott

Senior Officer of the

Department of Finance and Personnel

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Optical Charges and Payments Regulations (Northern Ireland) 1997 (“the 1997 Regulations”) which provide for payments to be made, by means of a voucher system, in respect of costs incurred by certain categories of persons in connection with the supply, replacement and repair of optical appliances. The Regulations also amend the General Ophthalmic Services Regulations (Northern Ireland) 1986 (“the 1986 Regulations”) which provide for the arrangements under which ophthalmic medical practitioners and ophthalmic opticians provide General Ophthalmic Services.

Regulations 3 and 4 make amendments to the 1997 Regulations to require the supplier to ask the patient for satisfactory evidence that he is an eligible person when he presents a voucher to obtain an optical appliance under the Regulations, unless, in cases other than where the patient is eligible by virtue of his lack of resources, the supplier already has satisfactory evidence. If the patient does not do so, the supplier must record the fact on the voucher.

A number of amendments are made to the 1986 Regulations. Regulation 7 amends regulation 2 of the 1986 Regulations to insert some additional definitions. Regulation 8 imposes some additional requirements in respect of mobile practices responsible for the provision of general ophthalmic services.

Regulation 9 amends regulation 15A to provide that a contractor must ask the patient for satisfactory evidence of entitlement that he is an eligible person when the patient applies for a sight test under the Regulations unless, in cases other than where the patient is eligible by virtue of his lack of resources, the contractor already has satisfactory evidence. If the patient cannot produce such evidence, the contractor shall record the fact on the sight test form. In addition, where the contractor has carried out the sight test at a patient’s home, he must record on the sight test form the reason for the patient not being able to leave home unaccompanied.

The Regulations make some amendments to the terms of service set out in Schedule 1 to the 1986 Regulations. Paragraph 3 of the Schedule is amended to allow contractors to agree to provide general ophthalmic services at day centres or where the patient normally resides in specified circumstances. Provision is made in a new paragraph 3A to require mobile practices to notify a Health and Social Services Board and the Central Services Agency in advance when they intend to make visits to day centres or residential centres in that Board’s area. Paragraph 4 is amended to require mobile practices to provide suitable equipment and for this to be inspected, together with their facilities, by a person authorised by the Department, the Board, the Agency or the Ophthalmic Committee. Paragraph 10 is amended so that information shall be given to a patient’s doctor following a sight test only if it is appropriate and with the consent of the patient.

(1)

Department’s (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)) — see Article 3(6)

(2)

S.I. 1972/1265 (N.I. 14) as amended by Article 3(2) of, and paragraph 3 of Schedule 1 to, the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)); paragraphs 4 and 5 of Article 8 of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24)); Article 34 of, and Part II of Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)); there are other amendments which are not relevant

(3)

S.R. 1997 No. 191, relevant amending Regulations are S.R. 1999 No. 111, S.R. 2000 Nos. 51 and 341, and S.R. 2001 No. 133

(4)

S.R. 1986 No. 163 as amended by S.R. 1988 No. 110, S.R. 1989 No. 113, S.R. 1990 No. 191, S.R. 1996 No. 135, S.R. 1999 No. 394, and S.R. 2000 No. 51