National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001

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2001 No. 1423 (W.98)
NATIONAL HEALTH SERVICE, WALES
National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001

	Made	5th April 2001
	Coming into force	1st May 2001

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 1977[1]) hereby makes the following Regulations:

Citation, commencement, interpretation and application
1. - (1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001, and shall come into force on 1st May 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 1997[

Rheoliadau 1986

    (3) These Regulations shall apply to Wales only.

Amendment of the 1997 Regulations
     2. In regulation 1(2) of the 1997 Regulations (interpretation), in the definition of "NHS sight test fee", for the amount "£42.79" substitute "£42.85" and for the amount "£15.46" substitute "£15.52".

     3. - (1) Regulation 12 of the 1997 Regulations (use of vouchers for supply of optical appliances) shall be amended in accordance with the following provisions.

    (2) In paragraph (1) for "paragraphs (4) and (5)", substitute "paragraphs (4), (5) and (6)".

    (3) After paragraph (5) add -

" (6) When the patient presents the voucher -

4. At the end of regulation 13 of the 1997 Regulations (payments to suppliers), add -

" (3) The responsible authority shall also make a payment, the amount of which shall be determined by the National Assembly for Wales, to the supplier to meet or contribute to the cost incurred by the supplier in complying with regulation 12(6).".

5. In regulation 16 of the 1997 Regulations (completion of vouchers), for paragraphs (2) and (3) substitute -

" (2) In the case of a replacement, the supplier shall -

(d) if the patient has been asked for, but not shown, satisfactory evidence of entitlement, record the fact on the voucher.

(3) In the case of repair, the supplier shall -

(d) duly complete the relevant parts of the voucher with -

(e) if the patient has been asked for, but not shown, satisfactory evidence of entitlement, record the fact on the voucher.".

6. At the end of regulation 18 of the 1997 Regulations (payments to suppliers for replacement and repair), add -

Amendment of the 1986 Regulations
7. In regulation 2 of the 1986 Regulations (interpretation), the following shall be inserted in the appropriate alphabetical order -

" "day centre" means an establishment attended by patients who would have difficulty in obtaining general ophthalmic services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided;

"mobile practice" means a contractor who does not have practice premises in a locality, but who has undertaken to provide general ophthalmic services at day or residential centres in that locality;

"residential centre" means an establishment for patients who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability.".

     8. - (1) Regulation 6 of the 1986 Regulations (ophthalmic list) shall be amended in accordance with the following provisions.

    (2) In paragraph (3)(b) after "provide general ophthalmic services" add ", or in the case of a mobile practice, the address to which correspondence in connection with such provision may be sent, and the addresses of any day or residential centres they intend to visit more than once; ".

    (3) In paragraph (3)(c) after "at those addresses" add ", or in the case of day or residential centres, the months in which such visits are intended to take place and the planned interval between such visits;".

     9. - (1) Regulation 13A (sight tests - applications), shall be amended in accordance with the following provisions.

    (2) For paragraph (4)(a) substitute -

" (4)

(3) After paragraph (5) add the following paragraphs -

" (6) Where the contractor has provided the sight test at the place where the patient normally resides, he shall record on the sight test form the reason given by the patient, or on the patient's behalf, for not being able to leave home unaccompanied.

(7) The contractor may appoint a member of his staff to carry out the requirements of paragraph (4)(a)(i) and (ii) on his behalf, and he shall ensure the member of staff so appointed is given instruction to enable that person to fulfil the requirements on his behalf.".

10. For regulation 16 (service of documents on contractors) substitute -

" 16. Service of documents on contractors
Subject to regulation 9(6), any document which is required or authorised under these regulations (including the terms of service) to be given to a contractor may be given by delivering it to him or by sending it addressed to him at any address notified by him to the Health Authority for inclusion in the ophthalmic list as a place at which he has undertaken to provide general ophthalmic services, or in the case of a mobile practice, the address notified to the Health Authority as the address to which correspondence may be sent.".

11. - (1) Schedule 1 (terms of service) shall be amended in accordance with the following provisions.

(2) In paragraph 2 (incorporation of provisions) -

(a) for sub-paragraph (b)(iii) substitute -

(b) for sub-paragraph (c) substitute -

" (c) regulation 9 of the National Health Service (Optical Charges and Payments) Regulations 1997[

(3) In paragraph 3 (premises at which general ophthalmic services are to be provided), for sub-paragraph (2) substitute -

(4) after paragraph 3 insert the following paragraph -

Visits by mobile practices

3A.

- (1) The contractor shall give a Health Authority notice in accordance with sub-paragraph (2) of any visits, which he intends to make to provide general ophthalmic services to at least three persons at a day centre or residential centre in its locality.

(2) The contractor shall notify the Health Authority at least a month in advance of the beginning of the month in which he intends to visit any day centre or residential centre in its locality and the intervals at which he intends to make return visits.".

(5) In paragraph 4 (premises and equipment) -

(a) in sub-paragraph (1) after "Subject to" insert "sub-paragraph (1A) and";

(b) after sub-paragraph (1) insert -

" (1A) In the case of a mobile practice, the contractor shall provide suitable equipment for the provision of the general ophthalmic services that he has undertaken to provide.";

" (2A) In the case of a mobile practice, the contractor, on receipt of a written request from a Health Authority or the National Assembly for Wales, shall arrange for an authorised officer of the Health Authority or of the National Assembly for Wales to be allowed to inspect at a reasonable time the facilities and equipment that he uses.".

(6) In paragraph 5 (notices), for "the National Health Service (Optical Charges and Payments) Regulations 1989" substitute "the National Health Service (Optical Charges and Payments) Regulations 1997".

(7) For paragraph (6) (records) substitute -

" Records

- (1) A contractor shall keep a proper record in respect of each patient to whom he provides general ophthalmic services, giving appropriate details of sight testing.

(2) Subject to paragraph 8(5), a contractor shall retain all such records for a period of seven years, and shall during that period produce them when required to do so by a Health Authority or the National Assembly for Wales -

(8) In paragraph 10 (testing of sight), in sub-paragraph (2) for "he shall so inform the patient's doctor" substitute "he shall, if appropriate, and with the consent of the patient, inform the patient's doctor of his opinion.".

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]

D. Elis Thomas
The Presiding Officer of the National Assembly

5th April 2001

EXPLANATORY NOTE

(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.

Regulation 2 amends the definition of "NHS sight test fee" in regulation 1(2) of the 1997 Regulations to reflect the values of the two levels of fee for National Health Service sight tests payable to ophthalmic medical practitioners and opticians at the time these regulations come into force. These amounts are relevant to the determination of eligibility for, and the redemption value of, a voucher towards the cost of a sight test.

Regulations 3 and 5 make amendments to the 1997 Regulations to require the supplier to ask the patient for satisfactory evidence that the patient is an eligible person when he or she presents a voucher to obtain an optical appliance under the regulations, unless, in cases other than where the patient is eligible by virtue of his or her lack of financial resources, the supplier already has satisfactory evidence. If the patient does not do so, the supplier must record the fact on the voucher.

Regulations 4 and 6 amend the 1997 Regulations to provide that payments, at a rate to be determined by the National Assembly for Wales, may be made to suppliers for carrying out the checks provided for in Regulations 3 and 5.

A number of amendments are made to the 1986 Regulations. Regulation 7 amends regulation 2 of the 1986 Regulations to insert additional definitions.

Regulation 8 imposes additional requirements in respect of mobile practices responsible for the provision of general ophthalmic services.

Regulation 9 amends regulation 13A to provide that a contractor must ask the patient for satisfactory evidence of entitlement that he or she is an eligible person when the patient applies for a sight test under the Regulations, unless, in cases other than where the patient is eligible by virtue of his or her lack of financial resources, the contractor already has satisfactory evidence. If the patient cannot produce such evidence, the contractor shall record the fact on the sight test form. In addition, where the contractor has carried out the sight test at a patient's home, he or she must record on the sight test form the reason for the patient not being able to leave home unaccompanied.

The Regulations also make some amendments to the terms of service set out in Schedule 1 to the 1986 Regulations.

Paragraph 3 of the Schedule is amended to allow contractors to agree, in specified circumstances, to provide general ophthalmic services at day centres or at a place where the patient normally resides. Provision is made in a new paragraph 3A to require mobile practices to notify a Health Authority in advance when they intend to make visits to day or residential centres in that Health Authority's area.

Paragraph 4 is amended to require mobile practices to provide suitable equipment for the provision of general ophthalmic services and for this to be inspected, together with their facilities, by a person authorised by the National Assembly for Wales or the Health Authority.

Paragraph 6 is amended to provide that records shall be kept, retained and are subject to production for inspection by a person authorised by the National Assembly for Wales or the Health Authority.

Paragraph 10 is amended so that information shall only be given to a patient's doctor following a sight test if it appropriate to do so and with the consent of the patient.

Notes:

[1] 1977 c.49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 26(2)(g) and (i) for the definitions of "prescribed" and "regulations".

Section 38 was amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), section 1 and Schedule 1, paragraph 51; by the Health and Social Security Act 1984 (c.48) ("the 1984 Act"), section 1(3); by S.I.1985/39, article 7(11); by the Health and Medicines Act 1988 (c.49) ("the 1988 Act"), section 13(1); and by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), Schedule 1, paragraph 27.

Section 39 was extended by the 1988 Act, section 17; and amended by the 1980 Act, section 1 and Schedule 1, Part I, paragraph 52, by the 1984 Act, section 1(4) and Schedule 1, paragraph 1 and Schedule 8; by S.I.1985/39, article 7(12); and by the 1995 Act, Schedule 1, paragraph 28.

Section 126(4) was amended by the 1990 Act, section 65(2) and by the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 37(6).

Paragraph 2(1) of Schedule 12 was substituted by the 1988 Act, Schedule 2, paragraph 8(1);

Paragraph 2A of Schedule 12 was inserted by the 1984 Act, Schedule 1, Part 1, paragraph 3 and amended by the 1988 Act, section 13(2) and (3).

The functions of the Secretary of State under sections 38, 39, 78, 126(4) and 127 of, and paragraphs 2 and 2A of Schedule 12, to the National Health Service Act 1977 are transferred to the National Assembly for Wales by The National Assembly for Wales (Transfer of Functions) Order 1999, S.I.1999/672, article 2 and Schedule 1, as amended by section 66(5) of the 1999 Act.back

[2] S.I.1997/818; the relevant amending instruments are S.I.1997/2488, 1998/499, 1999/609, 2000/978 and 2000/3119.back

[3] S.I.1986/975; the relevant amending instruments are S.I. 1988/486, 1989/395, 1989/1175, 1990/1051, 1991/583, 1992/404, 1995/558, 1996/705, 1996/2320, 1999/693 and 1999/2481.back

[4] S.I.1997/818 back

[5] 1998 c.38 back

Cymraeg (Welsh)

ISBN 0-11-090209-2

Prepared 30 May 2001

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URL: http://www.bailii.org/wales/legis/num_reg/2001/20011423e.html

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	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20011423e.html