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

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Amendment of regulation 1 of the Optical Regulations

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2.—(1) Regulation 1 (citation, commencement and interpretation) of the Optical Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In the definition of “responsible authority”, in paragraph (2), for paragraph (b) substitute—

(b)in relation to a voucher issued pursuant to regulation 9 or completed pursuant to regulation 16, otherwise than by an NHS Trust or NHS foundation trust, the Primary Care Trust for the area in which—

(i)the supply, replacement or repair of the optical appliance to which it relates takes place or is to take place, or

(ii)in a case where the optical appliance to which that voucher relates (including an appliance which has been repaired or replaced) is delivered to the patient by post or courier, that voucher was issued;.

(3) Insert the following definitions at the appropriate alphabetical places—

“ophthalmic performers list” means a list of ophthalmic medical practitioners and optometrists prepared in accordance with regulation 3(1)(c) of the National Health Service (Performers Lists) Regulations 2004(1);;

“ophthalmic practitioner” means an ophthalmic medical practitioner or optometrist whose name is included in an ophthalmic performers list;; and

“the POS Regulations” means the Primary Ophthalmic Services Regulations 2008(2);.

(4) Omit the definitions of “Ophthalmic Services Regulations” and “optician”.

(5) For paragraph (a) of the definition of “voucher”, substitute “in Part 3, a voucher form supplied by the Secretary of State or a Primary Care Trust to a person with whom that Trust has entered into a general ophthalmic services contract”.

(1)

S.I. 2004/585; regulation 3(1) was substituted by S.I. 2008/1187.

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