2001 No. 3323 (W.276)
NATIONAL HEALTH SERVICE, WALES

The National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.3) (Wales) Regulations 2001

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 38, 39, 78, 126(4) and 127 of, and paragraphs 2 and 2A of Schedule 12 to the National Health Service Act 19771 hereby makes the following Regulations:

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.3) (Wales) Regulations 2001 and shall come into force on 1st October 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 19972;
  • “ the 1986 Regulations” (“Rheoliadau 1986”) means the National Health Service (General Ophthalmic Services) Regulations 1986 3.

(3)

These Regulations shall apply to Wales only.

Amendment of regulation 8 of the 1997 Regulations2.

In regulation 8 of the 1997 Regulations (eligibility - supply of optical appliances), after paragraph (3)(j) add—

“(k)

he is a relevant child for the purposes of section 23A of the Children Act 1989 to whose maintenance a responsible local authority is contributing under section 23B(8) of that Act”.4)

Amendment of regulation 16 of the 1997 Regulations3.

In paragraph (5) of regulation 16 of the 1997 Regulations (completion of vouchers), for “or (f)” substitute “(f) or (k)”.

Amendment of regulation 13 of the 1986 Regulations4.

In regulation 13 of the 1986 Regulations (sight tests - eligibility), after paragraph (2)(j) add—

“(k)

he is a relevant child for the purposes of section 23A of the Children Act 1989 to whose maintenance a responsible local authority is contributing under section 23B(8) of that Act”.

Amendment of regulation 13B of the 1986 Regulations5.

In regulation 13B of the 1986 Regulations (sight test treated as a test under general ophthalmic services)—

(a)

in paragraph (1)(b), for “or (f)” substitute “(f) or (k)”; and

(b)

in paragraph (3), for “or (f)” substitute “(f) or (k)”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19985
J.E.Randerson
Assembly Secretary
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”).

The 1997 Regulations provide for a scheme of payments to be made by Health Authorities and NHS Trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances.

The 1986 Regulations contain provision for the arrangements for general ophthalmic services under the National Health Service.

Regulations 2 and 3 of these Regulations contain amendments that entitle persons leaving the care of a local authority and who are being wholly or partly maintained by that authority to the supply (and in appropriate cases), replacement and repair of optical appliances in accordance with the 1997 Regulations.

Regulations 4 and 5 contain amendments to the 1986 Regulations so that such persons are entitled to have their sight tested under general ophthalmic services.