Explanatory note

These Regulations make amendments to the General Ophthalmic Services Contracts Regulations 2008 (S.I. 2008/1185) (“the General Ophthalmic Services Regulations”), the Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186) (“the Primary Ophthalmic Services Regulations”) and the National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461) (“the Optical Charges and Payments Regulations”).

Regulation 2 amends the General Ophthalmic Services Regulations which set out a framework for general ophthalmic services contracts. Paragraphs (2) and (3) make provision to extend the category of “additional services” covered by them to include sight-testing services in a “special educational setting” (“SES”). SES is defined to mean a school or institution (other than a higher education institution) in England specially organised to make special educational provision for persons with special educational needs. Paragraph (2) also corrects an incorrect cross-reference in the definition of “mandatory services”. Paragraph (3) makes provision to exclude the need for applications to NHS England to enter into contracts for SES services to meet the requirements set out in Schedule 3 to the General Ophthalmic Services Regulations.

Paragraph (4) makes provision to disapply provisions relating to pre-contract disputes. Paragraph (5) makes provision to reflect the fact that there is no application to a contractor for sight-testing provided in a SES. It also amends those Regulations to require contractors providing sight-testing services in a SES to share information with paediatricians, where the sight-testing results in a referral for further investigation, and adds provision as to who may give consent for these purposes.

Paragraphs (6) and (8) amend the General Ophthalmic Services Regulations to require the inclusion in SES sight-testing contracts of provision about the contract period during which services may be provided and other terms which have the same effect as certain terms specified in Schedules 1, 2 and 4. These include requirements for consent for the sight-testing to take place, for the provider of the services to have a valid enhanced DBS (Disclosure and Barring Service) certificate and for the provision of a written vision outcome report to specified persons. Paragraph (7) amends requirements in those Regulations applicable to the contractor relating to conditions for rights of entry and inspection of premises used for SES services.

Regulation 3 amends the Primary Ophthalmic Services Regulations which make provision for who is entitled to an NHS sight test and how to apply for the test under the National Health Service Act 2006 (c. 41). Paragraphs (2) and (3) respectively amend those Regulations to extend the category of “additional services” covered by the Regulations to include SES services and to prescribe these services as other primary ophthalmic services. Paragraph (2) also corrects an error in the definition of “mandatory services”. Paragraphs (4) and (7) make amendments (including the insertion of new regulation 3A) to provide for a person’s eligibility for and entitlement to sight-testing services in a SES where a contract has been awarded to provide those services. Paragraphs (5) and (6) make consequential amendments to disapply the requirement for individuals to complete and sign an application form to receive sight-testing services in a SES.

Regulation 4 amends the Optical Charges and Payments Regulations which make provision for eligible groups to be given NHS optical vouchers and certain additional supplements to help with the cost of the supply, replacement or repair of optical appliances. The Optical Charges and Payments Regulations also provide for ophthalmic practitioners and suppliers of optical appliances to redeem an NHS optical voucher in full or part payment for supplying, replacing or repairing an optical appliance. Paragraphs (3), (4) and (7) amend those Regulations to add persons who have received a prescription for an optical appliance following a sight test in a SES to the list of persons eligible to receive a voucher to help with the cost of the supply, replacement or repair of an optical appliance. Paragraphs (5), (6) and (8) to (10) remove the need for a signature on a voucher for the supply, replacement or repair of an optical appliance where the patient is incapable of giving the signature and the parent, guardian or other adult who has the care of the patient is not present.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.