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Statutory Instruments

1988 No. 463 (S.47)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Payments for Optical Appliances) (Scotland) Amendment Regulations 1988

Made

10th March 1988

Laid before Parliament

11th March 1988

Coming into force

1st April 1988

The Secretary of State, in exercise of the powers conferred on him by sections 26 and 108(1) of, and paragraph 2A of Schedule 11 to, the National Health Service (Scotland) Act 1978 (1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (Payments for Optical Appliances) (Scotland) Amendment Regulations 1988 and shall come into force on 1st April 1988.

(2) In these Regulations, "the principal Regulations" means the National Health Service (Payments for Optical Appliances) (Scotland) Regulations 1986 (2).

Amendments to the principal Regulations

2. In regulation 1 of the principal Regulations-

(a)in paragraph (2) (interpretation) in the definition of "face value" the words "for a prism or a tint" shall be revoked;

(b)in paragraph (3) (for the purposes of interpretation of Schedule 1) after sub-paragraph (a) there shall be inserted the following sub-paragraph:-

"(aa)where an optical appliance has a bifocal lens, the power of the lens shall be determined according to the power of that segment of the lens designed to correct a defect in distant sight;".

3. In regulation 4 of the principal Regulations (issue of vouchers in connection with general ophthalmic services), in paragraph (2), the full stop at the end shall be revoked and there shall be inserted there the words "on the same occasion as he issues the prescription in accordance with paragraph 10(3) of Schedule 1 to the Ophthalmic Services Regulations (3).".

4. In regulation 6 of the principal Regulations (use of voucher), after paragraph (2) there shall be inserted the following paragraph:-

"(2A) A voucher relating to glasses may be accepted in connection with the supply of contact lenses.".

5.-(1) For each amount specified in column 2 of Schedule 1 to these Regulations, where that amount appears in column 3 of Schedule 1 to the principal Regulations (4) in relation to the letter code specified in column 2 of Schedule 1 to the principal Regulations and again in column 1 of Schedule 1 to these Regulations, there shall be substituted the amount specified in column 3 of Schedule 1 to these Regulations.

(2) The Notes in Schedule 1 to the principal Regulations shall be revoked and the Notes set out in Schedule 2 to these Regulations inserted in their place.

Application of Regulations

6.-(1) Any change in the value of a voucher effected by-

(a)regulation 5(1) of, and Schedule 1 to, these Regulations;

(b)regulation 5(2) of, and Schedule 2 to, these Regulations, in so far as they relate to paragraph 1(a) to (d) and paragraph 4 of the Notes in Schedule 1 to the principal Regulations;

applies only in relation to a voucher accepted on or after 1st April 1988 pursuant to regulation 6 of the principal Regulations, or sent to a Health Board on or after that date pursuant to regulation 8(2)(c) of the principal Regulations.

(2) Any such change effected by regulation 5(2) of, and Schedule 2 to, these Regulations, in so far as they relate to paragraph 1(e) to (g) of the Notes in Schedule 1 to the principal Regulations, applies in relation to a voucher issued on or after 1st April 1988 pursuant to regulation 4 or regulation 5 of the principal Regulations.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office

New St Andrew's House,

Edinburgh

10th March 1988

Regulation 5(1)

SCHEDULE 1VOUCHER LETTER CODES AND VALUESAMOUNTS TO BE SUBSTITUTED IN COLUMN 3 (FACE VALUE OF VOUCHER) OF SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Column 1Column 2Column 3
Letter CodeOld AmountNew Amount
A£14.25£15.50
B£22.00£25.50
C£33.00£42.00
D£27.00£29.50
E£42.00£50.00
F£66.00£85.00
G£66.00£85.00

Regulation 5(2)

SCHEDULE 2NOTESNOTES TO BE SUBSTITUTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONSPRISMS, TINTS, PHOTOCHROMIC LENSES, SPECIAL GLASSES AND COMPLEX APPLIANCES

1. The amounts in column 3 above and in paragraph 4(a) and (b) of these Notes shall be increased as follows:-

(a)by £3.50 in respect of each single vision lens containing a necessary prism;

(b)by £4.50 in respect of each other lens containing a necessary prism;

(c)by £1.75 in respect of each necessary single vision tinted lens;

(d)by £2.25 in respect of each necessary other tinted lens;

(e)by £30.00 in respect of glasses for a person the distance between the centres of whose pupils is 60 millimetres or less;

(f)where the voucher is issued by a Health Board (in connection with the hospital eye service), by £1.75 in respect of each necessary single vision photochromic lens, and by £2.25 in respect of each necessary other photochromic lens;

(g)where the voucher is issued by a Health Board (in connection with the hospital eye service), by £30.00 in respect of glasses the frame of which is certified by the Health Board as being required to be specially manufactured on account of the patient's facial characteristics.

2. The increases provided for by paragraph 1(e), (f) and (g) of these Notes do not apply in the case of a voucher relating to glasses if it is accepted in connection with the supply of contact lenses.

3. In paragraph 1 of these Notes "necessary" in relation to a prism or a tinted or photochromic lens means that the prism, tint or photochromic quality has been prescribed on the basis of clinical need.

4. The minimum complex appliance payment is-

(a)for a complex appliance with single vision lenses only, £3.00;

(b)for any other complex appliance, £17.00;

plus, in each case, the amount of any increase provided for by paragraph 1 of these Notes.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Nati onal Health Service (Payments for Optical Appliances) (Scotland) Regulations 1986 which provide for payments to be made, by means of a voucher system, in respect of the cost incurred by certain categories of persons for the supply of optical appliances prescribed following a sight test under the National Health Service in Scotland.

The values of the vouchers for glasses (which bear a letter code varying according to the type of lenses prescribed) are increased (regulation 5(1) and Schedule 1). (The value of voucher H for contact lenses provided by the hospital eye service remains at £25 per lens.)

Increases are also made (regulation 5(2) and Schedule 2) in the values for prisms (by 50 pence each) and tints (by 50 pence per pair), and in the special minimum payment for a complex optical appliance (from £2 to £3 where it has single vision lenses only, and from £14 to £17 where it has any other lenses). New provision is made for additions of £30 for glasses with small frames, of £1.75 or £2.25 for a photochromic lens, and of £30 for glasses with specially manufactured frames. These last two additions apply only where a Health Board issues the voucher in connection with the hospital eye service.

Other amendments provide for the voucher values of glasses with bifocal lenses to be determined according to the distance segment (regulation 2(b)), for vouchers issued following a sight test under general ophthalmic services to be issued with the prescription (regulation 3), and for vouchers for glasses to be used for contact lenses (regulation 4).

(1)

1978 c. 29; section 26 was amended by the Health and Social Security Act 1984 (c. 48) ( "the 1984 Act"), section 1(5) and Schedule 1, Part II, paragraphs 1 to 4; Schedule 11, paragraph 2A was inserted by the 1984 Act, Schedule 1, Part II, paragraph 7; see section 108(1) for the definitions of "prescribed" and "regulations".

(2)

S.I. 1986/966, amended by S.I. 1986/1192

(3)

S.I. 1986/965

(4)

Schedule 1 to the principal Regulations was amended by S.I. 1986/1192


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_1988463_en.html