Regulation 1 Citation, commencement and interpretation

These Regulations may be cited as the National Health Service (Optical Charges and Payments) Regulations 2013 and come into force on 1st April 2013 except for regulation 8(3)(j) and (4)(e) which comes into force on 29th April 2013.

In these Regulations—

• “the 2006 Act” means the National Health Service Act 2006;

• “the 1997 Regulations” means the National Health Service (Optical Charges and Payments) Regulations 1997 M1;

• F1...

• F2...

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• “complex appliance” means an optical appliance at least one lens of which––

  1. (a)

     has power in any one meridian of plus or minus 10 or more dioptres; or

  2. (b)

     is a prism-controlled bifocal lens;

• ...

• F3“electronic form” means the submission of information electronically via a computer system approved by F4NHS England;

• “eligible person” is to be construed––

  1. (a)

     for the purposes of Part 3 (payments toward cost of sight tests) in accordance with regulation 3(2);

  2. (b)

     for the purposes of Parts 4 (payments for cost of supply of optical appliances) and 5 (payments for cost of replacement or repair of optical appliances) in accordance with regulation 8(2) to (5);

• “face value” means, in relation to a voucher on which is marked a letter code specified in column 2 of Schedule 1, the amount specified in relation to that letter code in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 2;

• ...

• “income-related employment and support allowance” means an employment and support allowance, entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007 M2 (employment and support allowance);

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• “minimum complex appliance payment” means, in relation to an optical appliance, the amount specified as such for the appliance in paragraph 2 of Schedule 2;

• F5“NHS England” means the body corporate established under section 1H of the 2006 Act;

• “NHS sight test fee” means the fee for a sight test determined in accordance with directions given by the Secretary of State under section 120 of the 2006 Act (GOS contracts: payments), as those directions have effect at the time of making these Regulations and as amended subsequently M3;

• “notice of entitlement” means a notice issued under regulation 8 of the Remission Regulations (notices of entitlement) for the purposes of remission of charges under the 2006 Act;

• “ophthalmic list” has the meaning given in section 11(5) of the 2006 Act (arrangements to be treated as NHS contracts);

• “ophthalmic performers list” means a list of ophthalmic medical practitioners and optometrists prepared in accordance with regulations made under section 123 of the 2006 Act M4;

• “ophthalmic practitioner” means an ophthalmic medical practitioner or optometrist whose name is included in an ophthalmic performers list;

• “patient contribution” means a contribution to be paid by a person whose eye sight has been tested, towards the cost of that sight test or towards the cost of the supply, replacement or repair of an optical appliance for which a prescription has been given in consequence of the sight test, and the amount of that contribution is to be calculated as follows––

  1. (a)

     for the purposes of Part 3, the contribution is to be the amount by which the person's resources exceed their requirements;

  2. (b)

     for the purposes of Parts 4 and 5, where a person's resources are treated as being less than their requirements, the contribution is to be nil;

  3. (c)

     for the purposes of Parts 4 and 5, where a person's resources exceed their requirements, the contribution is to be an amount equal to twice that excess, and a person's resources and their requirements are to be calculated in accordance with Part 4 of, and Schedule 1 to, the Remission Regulations;

• “pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 M5;

• “the POS Regulations” means the Primary Ophthalmic Services Regulations 2008 M6;

• “prisoner” means a person who is detained in a prison, including a young offender institution but not a secure training centre or a naval, military or air force prison, but is, at the time of receiving any primary ophthalmic service, on leave from that prison, and for the purposes of this definition—

  1. (a)

     “secure training centre” means a place in which offenders subject to detention and training orders F6within the meaning given by section 233 of the Sentencing Code may be detained and given training and education and prepared for their release; and

  2. (b)

     “young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;

• “redemption value” is to be construed––

  1. (a)

     for the purposes of Part 3, in accordance with regulation 7;

  2. (b)

     for the purposes of Part 4, in accordance with regulation 15;

  3. (c)

     for the purposes of Part 5, in accordance with regulation 20;

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• “the Remission Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 M7 and reference to those Regulations is to be construed as a reference to them as they have effect on the making of these Regulations and as amended subsequently;

• “replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;

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• “small glasses” means glasses––

  1. (a)

     having a frame which is either custom made or a stock frame requiring extensive adaptation to ensure an adequate fit; and

  2. (b)

     having a boxed centre distance of no more than 55 millimetres, and for this purpose “box centre” is to be construed in accordance with the British Standard BS EN ISO 8624:2011 (Ophthalmic Optics. Spectacle Frames. Measuring System and Terminology) published on 28th February 2011 M8;

• F7“special educational setting” means—

  1. (a)

     a special school in England within the meaning of section 337(1) of the Education Act 1996;

  2. (b)

     an independent educational institution within the meaning of Chapter 1 of Part 4 of the Education and Skills Act 2008—

     1. (i)

        which has been entered on the register of independent educational institutions in England kept under section 95 of that Act; and

     2. (ii)

        which is specially organised to make special educational provision for students with special educational needs; or

  3. (c)

     a special post-16 institution which is within the meaning given in section 83(2) of the Children and Families Act 2014 and in England;

• “supplier” includes a person replacing or repairing an optical appliance;

• “supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;

• F8“voucher” for the purposes of enabling a payment to be made under these Regulations means—

  1. (a)

     in Part 3, a voucher form approved by the Secretary of State or NHS England which is used by a person with whom NHS England has entered into a general ophthalmic services contract under section 117 of the 2006 Act (general ophthalmic services contracts: introductory);

  2. (b)

     in Part 4, a voucher form—

     1. (i)

        where a sight test is carried out by an NHS trust or NHS foundation trust, supplied by that NHS trust or NHS foundation trust; and

     2. (ii)

        in any other case, approved by the Secretary of State or NHS England and used by the person who carries out the sight test;

  3. (c)

     in Part 5, a voucher form—

     1. (i)

        where an optical appliance is repaired or replaced by an NHS trust or NHS foundation trust, supplied by that NHS trust or NHS foundation trust;

     2. (ii)

        in any other case, approved by the Secretary of State or NHS England; and

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