National Health Service (Scotland) Act 1978

Regulations under section 70—charges for dental or optical appliances

2 (1) The dental and optical appliances mentioned in the first column below, and the charges mentioned in the second column, are the appliances and charges referred to in section 70(1).

Appliance	Charge
The dentures described in regulations made under section 70(1) and this paragraph.	The amount or the maximum amount prescribed by regulations made under section 70(1) and this paragraph.
Glasses other than children's glasses—
(a) The lenses described in regulations made under section 70(1) and this paragraph.	The amount or the maximum amount prescribed by regulations made under section 70(1) and this paragraph.
(b) Frames.	The current specified cost

In this sub-paragraph—

• " children's glasses " means glasses for which a standard type of children's frame as described in the Statement referred to below is used and which are supplied for a person who was, at the time of the examination or testing of sight leading to the supply of the glasses or of the first such examination or testing, under 16 years of age or receiving full-time education in a school, and

• " current specified cost ", in relation to frames supplied under Part II, means the sum specified in the Statement as the sum payable for frames of that description by the person to whom they are supplied, and in relation to frames supplied under this Act otherwise than under Part II means a sum equal to the sum so specified, or in the case of frames of a description for which no sum is so specified, such sum as may be determined by or in accordance with directions given by the Secretary of State,

and for the purposes of this provision " the Statement" means the Statement published by the Secretary of State pursuant to the provisions of regulation 10 of the [S.I. 1974/507.] National Health Service (General Ophthalmic Services) (Scotland) Regulations 1974 or any corresponding regulation for the time being in force.

(2) Regulations may—

(a) vary the amount or maximum amount of any charge authorised by section 70(1) for any dental or optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b) vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 70(1) may be made so as to take effect—

(i) in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing takes place on or after the date on which the regulations come into force;

(ii) in the case of dental appliances supplied under Part II, where the contract or arrangement between the person by whom and the person to whom the appliances are supplied is made on or after that date;

(iii) in the case of optical appliances supplied under Part II, where the testing of sight leading to the supply of those appliances, or the first such testing, takes place on or after that date.

(3) No charge shall be made under section 70(1) in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4) No charge shall be made under section 70(1) in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

(a) was under 16 years of age or was receiving full-time education in a school; or

(b) was an expectant mother or had borne a child within the previous 12 months.

(5) No charge shall be made under section 70(1) for the supply under this Act of lenses for any glasses if—

(a) the person for whom the glasses are supplied was at the relevant time of the age of 10 or more and either under the age of 16 or receiving full-time education in a school; and

(b) the frames of the glasses are of any description specified in the Statement referred to in sub-paragraph (1) or any corresponding regulation for the time being in force.

(6) Regulations made with respect to any exemption under sub-paragraph (4) or sub-paragraph (5) may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7) In sub-paragraphs (4) and (5), " the relevant time " means—

(a) in relation to a dental appliance supplied otherwise than under Part II, or to an optical appliance supplied under this Act, the time of the examination or testing of sight leading to the supply of the appliance, or the first such examination or testing;

(b) in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8) References in section 70 and in this paragraph to the supply of appliances shall be construed as including references to their replacement, but no charge shall be made under those provisions in respect of the replacement of dentures or lenses if the replacement is required in consequence of loss or damage.