Regulation 5 Optical appliances

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5 words inserted by National Health Service (Optical Charges and Payments) 1991 reg. 10(2)
reg. 5 amended by National Health Service (Payments for Optical Appliances) 1986
reg. 5 words substituted by Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) 2004 art. 3(5) Sch. 5

(1)

Where an Authority supplies or repairs for a person at his request—

(a)

subject to paragraph (1)(b), an optical appliance specified in the Statement of a more expensive type than the prescribed type, or

(b)

any optical appliance of a more expensive type than the type which is clinically necessary

then—

(i)

in a case to which paragraph (1)(a) applies, it may make and recover from that person or from a person on behalf of that person, such amount as is provided in the Statement as if such Statement applied to that Authority;

(ii)

in a case to which paragraph (1)(b), applies it may make and recover from that person or from a person on behalf of that person a charge equal to the difference between the cost of supplying or repairing such an optical appliance and the charge for supplying and repairing such optical appliance as is clinically necessary.

(2)

Where an Authority supplies an optical appliance, the person supplied or a person on his behalf, shall be liable to pay to the Authority the charges authorised by the Act of 1951 as varied by section 1 of the Act of 1961 or by regulations made under section 2 of the Act of 1961.

(3)

The foregoing paragraphs of this regulation shall apply where such supply or repair is provided by an optician under or by virtue of arrangements by an Authority with that optician, as if that optician were the Authority.

(4)

For the purposes of this regulation—

(a)

“the prescribed type” means an optical appliance specified in the Statement as the prescribed type of optical appliance for the purposes of section 44 of the Act;

(b)

“the Statement” means the Statement prepared under regulation 3 of the National Health Service (Supplementary Ophthalmic Services) Regulations 1956^f1, as amended^f2.

Annotations

Footnotes

f1: (1956 I, p. 1524).
f2: The amendments do not relate expressly to the subject matter of these Regulations.