{
  "url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008/regulation-6",
  "json_url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008/regulation-6.json",
  "legislation": "uksi/2008/1700",
  "legislation_title": "The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008",
  "legislation_url": "https://openlegislation.uk/primary-ophthalmic-services-amendment-transitional-and-consequential-provisions-regulations-2008",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Recovery of Overpayments",
  "text": "(1) Where, before 1st August 2008, an ophthalmic practitioner had admitted an overpayment drawn to its attention by a PCT under regulation 12(2) (payment for services) of the 1986 Regulations, but the overpayment, or any part of it, had not been recovered before that date, the amount overpaid, or the part of it not recovered, shall continue to be recoverable by that PCT and be treated as a debt owed by that ophthalmic practitioner to that PCT, notwithstanding the revocation of the 1986 Regulations.\n(2) Notwithstanding the revocation of the 1986 Regulations, where a PCT considers that a payment has been made to an ophthalmic practitioner under the Statement when it was not due and that alleged overpayment has not been drawn to the ophthalmic practitioner’s attention by the PCT before 1st August 2008, that PCT may draw that overpayment to the attention of the ophthalmic practitioner and—\n(a) where the overpayment is admitted by the ophthalmic practitioner, the PCT may recover the amount overpaid from the ophthalmic practitioner as a civil debt; and\n(b) where the overpayment is not admitted by the ophthalmic practitioner —\n(i) the arrangements for appeals referred to in regulation 12(2)(b) of the 1986 Regulations as in force on 31st July 2008, as those arrangements had effect on 31st July 2008, shall apply,\n(ii) if the ophthalmic practitioner does not appeal or appeals unsuccessfully, the PCT may recover the amount of the civil debt.\n(3) Where, before 1st August 2008, a PCT has drawn a possible overpayment under the Statement to the attention of an ophthalmic practitioner, and the overpayment has not been admitted by the ophthalmic practitioner, then notwithstanding the revocation of the 1986 Regulations—\n(a) the arrangements for appeals referred to in regulation 12(2)(b) of the 1986 Regulations, as in force on 31st July 2008, as those arrangements had effect on 31st July 2008, shall apply; and\n(b) if the ophthalmic practitioner has not appealed or does not appeal, or is unsuccessful in an appeal, the PCT may recover the amount as a civil debt.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 12(2) was amended by S.I. 1996/705, 2001/3739 and 2002/2469."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/1700/regulation/6",
    "retrieved_at": "2026-10-29T03:29:05.275462+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."
}