{ "url": "https://openlegislation.uk/optical-charges-and-payments-regulations-northern-ireland-1997/regulation-1", "json_url": "https://openlegislation.uk/optical-charges-and-payments-regulations-northern-ireland-1997/regulation-1.json", "legislation": "nisr/1997/191", "legislation_title": "Optical Charges and Payments Regulations (Northern Ireland) 1997", "legislation_url": "https://openlegislation.uk/optical-charges-and-payments-regulations-northern-ireland-1997", "path": "regulation/1", "kind": "regulation", "number": "1", "heading": "Citation, commencement and interpretation", "text": "(1) These Regulations may be cited as the Health and Personal Social Services (Optical Charges and Payments) Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.\n(2) In these Regulations—\n“the Agency” means the Northern Ireland Central Services Agency for the Health and Social Services established under Article 26 of the Order;\n“capital limit” means the amount prescribed for the purposes of Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as it applies to income support;\n“complex appliance” means an optical appliance at least one lens of which—\n(a) has a power in any one meridian of plus or minus 10 or more dioptres or\n(b) is a prism-controlled bifocal lens;\n“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;\n“eligible person” is to be construed—\n(a) for the purposes of Part III, in accordance with regulation 3(2);\n(b) for the purposes of Parts IV and V, in accordance with regulation 8(2) to (5);\n“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 it in column 3 of that Schedule, plus the amount of any increase provided for by paragraph 1 of Schedule 2;\n“family credit” means family credit under Part VII of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;\n“health service sight test fee” means, in relation to a testing of sight carried out either by an ophthalmic medical practitioner or by an optician—\n(a) at a place where the patient normally resides, an amount of £37·83; or\n(b) in any other case, an amount of £13·71;\n“an income-based jobseeker’s allowance” has the meaning given to it by Article 3(4) of the Jobseekers (Northern Ireland) Order 1995;\n“income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;\n“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;\n“notice of entitlement” means a notice issued under regulation 7 of the Remission Regulations for the purposes of remission of charges under the Order;\n“ophthalmic list” means a list, prepared and published pursuant to Regulations made under Article 62 of the Order of medical practitioners and opticians who undertake to provide general ophthalmic services;\n“Ophthalmic Services Regulations” means the General Ophthalmic Services Regulations (Northern Ireland) 1986;\n“optician” means an ophthalmic optician;\n“Order” means the Health and Personal Social Services (Northern Ireland) Order 1972;\n“patient” means a person whose sight has been tested whether under the Order or otherwise;\n“patient’s contribution” is to be construed as follows—\n(a) for the purposes of Parts III, IV and V, where a patient’s resources are less than his requirements, the contribution shall be nil;\n(b) for the purposes of Part III, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to that excess;\n(c) for the purposes of Parts IV and V, where the patient’s resources exceed his requirements, the contribution shall be an amount equal to twice that excess;\n“patient’s resources” means a person’s resources as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations;\n“redemption value” is to be construed—\n(a) for the purposes of Part III, in accordance with regulation 7;\n(b) for the purposes of Part IV, in accordance with regulation 15;\n(c) for the purposes of Part V, in accordance with regulation 20;\n“the 1989 Regulations” means the Optical Charges and Payments Regulations (Northern Ireland) 1989;\n“the Remission Regulations” means the Travelling Expenses and Remission of Charges Regulations (Northern Ireland) 1989;\n“replacement” does not include the replacement of an optical appliance rendered unserviceable by fair wear and tear;\n“small glasses” means glasses the lens apertures of which have datum centres not more than 56 millimetres apart; and for this purpose “datum centre” is to be construed in accordance with Part I of British Standard 3521/91 (Glossary of Terms relating to Ophthalmic Lenses) published by the British Standard Institution as effective immediately before 28th March 1997;\n“supplier” includes a person replacing or repairing an optical appliance;\n“supply” includes the replacement of an optical appliance rendered unserviceable by fair wear and tear;\n“voucher” for the purposes of enabling a payment to be made under these Regulations, means—\n(a) in Part III, a voucher form supplied to those whose names are included in the ophthalmic list by the Agency;\n(b) in Part IV, a voucher form supplied—\n(i) where a testing of sight is carried out otherwise than by an HSS trust, by the Agency to the person who carries it out,\n(ii) where a testing of sight is carried out by an HSS trust, by that HSS trust;\n(c) in Part V, a voucher form supplied to a supplier, by the Agency.\n(3) For the purposes of Schedule 1—\n(a) where an optical appliance has lenses described in different paragraphs in column 1 of Schedule 1, the face value of a voucher for the appliance shall be determined according to whichever lens would provide the greater face value; and\n(b) 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; and\n(c) a monocle shall be treated as though it were glasses.", "extent": "N.I.", "status": null, "version": "current", "annotations": [ { "type": "I", "label": "I1", "text": "Reg. 1 in operation at 1.4.1997, see reg. 1(1)" }, { "type": "footnote", "label": "f1", "text": "1992 c. 7; the capital limit is prescribed for the purposes of income support in regulation 45 of S.R. 1987 No. 459. Whilst £8,000 is applicable in most cases, there is a limit of £16,000 in certain cases prescribed in regulation 53(1B). Regulation 45 was substituted by regulation 11(1)(a) of S.R. 1996 No. 93 and regulation 53(1B) was inserted by regulation 11(1)(b)(ii) of S.R. 1996 No. 93" }, { "type": "footnote", "label": "f2", "text": "S.I. 1995/2705 (N.I. 15)" }, { "type": "footnote", "label": "f3", "text": "See S.R. 1986 No. 163, regulation 8" }, { "type": "footnote", "label": "f4", "text": "S.R. 1986 No. 163" }, { "type": "footnote", "label": "f5", "text": "S.R. 1989 No. 114" }, { "type": "footnote", "label": "f6", "text": "S.R. 1989 No. 348" } ], "outstanding_effects": [ { "type": "sums substituted", "affecting": "nisr/1999/111", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words substituted", "affecting": "nisr/1999/111", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words substituted", "affecting": "nisr/2004/188", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2004" }, { "type": "sum substituted", "affecting": "nisr/2002/221", "affecting_title": "Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2002" }, { "type": "words inserted", "affecting": "nisr/2003/176", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003" }, { "type": "words inserted", "affecting": "nisr/1999/111", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "inserted", "affecting": "nisr/1999/111", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/394", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words substituted", "affecting": "nisr/1999/394", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words omitted", "affecting": "nisr/1999/394", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/1999/394", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 1999" }, { "type": "words inserted", "affecting": "nisr/2000/51", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2000" }, { "type": "sums substituted", "affecting": "nisr/2000/51", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2000" }, { "type": "words inserted", "affecting": "nisr/2003/176", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003" }, { "type": "words inserted", "affecting": "nisr/2003/176", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003" }, { "type": "words inserted", "affecting": "nisr/2003/176", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003" }, { "type": "words omitted", "affecting": "nisr/2003/176", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment) Regulations (Northern Ireland) 2003" }, { "type": "text amended", "affecting": "nisr/2008/423", "affecting_title": "The Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2008" }, { "type": "words inserted", "affecting": "nisr/2004/188", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2004" }, { "type": "words inserted", "affecting": "nisr/2003/424", "affecting_title": "Optical Charges and Payments and General Ophthalmic Services (Amendment No. 2) Regulations (Northern Ireland) 2003" }, { "type": "sum substituted", "affecting": "nisr/2000/341", "affecting_title": "Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2000" }, { "type": "sum substituted", "affecting": "nisr/2000/341", "affecting_title": "Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2000" }, { "type": "sum substituted", "affecting": "nisr/2002/221", "affecting_title": "Optical Charges and Payments (Amendment No. 2) Regulations (Northern Ireland) 2002" }, { "type": "sum substituted", "affecting": "nisr/2002/5", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2002" }, { "type": "sum substituted", "affecting": "nisr/2002/5", "affecting_title": "Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2002" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1997/191/regulation/1", "retrieved_at": "2026-11-07T03:33:24.143933+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }