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The National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2008

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical 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. They are made under section 126(4) of, and paragraphs 2A and 2B of Schedule 12 to, the National Health Service Act 1977, which is in force in relation to ophthalmic matters until the coming into force of the relevant provisions of the Health Act 2006 (see section 277(3) and (4) of the National Health Service Act 2006), which will be on 1st August 2008.

Regulation 2 amends the definition of responsible authority to clarify the position in relation to delivery of optical appliances by post and provides some further definitions for the Regulations.

Regulation 3 inserts new regulations 19A, 19B and 19C into the Optical Regulations to provide a procedure whereby a supplier can be disqualified from receiving NHS payments for optical appliances upon the service of a notice in specified circumstances. It provides for an appeal against that to the Family Health Services Appeal Authority and for application to be made for a national disqualification (a stop notice) to that Authority. It also provides for reviews of those decisions.

Regulation 4 and the Schedule make amendments consequential on the coming into force of the relevant provisions of the Health Act 2006.

An Impact Assessment has not been produced for this Instrument as it has no impact on the cost of business, charities or voluntary bodies.

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