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The National Health Service (Optical Charges and Payments) (Amendment) (Wales) Regulations 2023

W.S.I. 2023/1047 · Made 27 September 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

National Health Service, Wales

Made 27 September 2023

Laid before Senedd Cymru 29 September 2023

Coming into force 20 October 2023

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 71, 129 and 203(9) and (10) of the National Health Service (Wales) Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 42; see section 206(1) for the meaning of “prescribed” and “regulations”. There are amendments to section 203 which are not relevant to these Regulations.

Contents

  1. 1Title, coming into force and interpretation
  2. 2Amendments to regulation 1 of the Optical Regulations
  3. 3Amendment to regulation 8 of the Optical Regulations
  4. 4Amendment to regulation 9 of the Optical Regulations
  5. 5Amendment to regulation 10 of the Optical Regulations
  6. 6Amendment to regulation 15 of the Optical Regulations
  7. 7Amendment to regulation 16 of the Optical Regulations
  8. 8Amendment to regulation 19 of the Optical Regulations
  9. 9Amendments to the Schedules to the Optical Regulations
  10. 10Transitional provision
  11. Signature
  12. Schedule 1Schedule 1 to the Optical Regulations as substituted by these Regulations
  13. Schedule 2Schedule 3 to the Optical Regulations as substituted by these Regulations
  14. Explanatory note

1Title, coming into force and interpretation

(1)

The title of these Regulations is the National Health Service (Optical Charges and Payments) (Amendment) (Wales) Regulations 2023 and they come into force on 20 October 2023.

(2)

In these Regulations, “the Optical Regulations” means the National Health Service (Optical Charges and Payments) Regulations 1997f1.

2Amendments to regulation 1 of the Optical Regulations

(1)

Regulation 1 (citation, commencement and interpretation) is amended as follows.

(2)

In paragraph (2)—

(a)

in the definition of “complex appliance”, for “bifocal” substitute “multifocal”;

(b)

in the definition of “face value”, for “letter” substitute “number”;

(c)

for the definition of “NHS sight test fee” substitute—

  • ““NHS sight test fee” means the fee for a sight test determined by the Welsh Ministers under section 76 of the National Health Service (Wales) Act 2006f1 (remuneration for persons providing general ophthalmic services);”;

(d)

in the definition of “small glasses”, for “British Standard BS EN ISO 8624:2011 (Ophthalmic Optics. Spectacle Frames. Measuring System and Terminology) published on 28 February 2011” substitute “British Standard BS EN ISO 8624:2020 (Ophthalmic Optics. Spectacle Frames. Measuring System and Vocabulary) published on 31 July 2020f2”;

(e)

at the appropriate place in the alphabetical order insert—

  • ““prisoner” means a person who is detained in a prison, including a young offender institution, a secure training centre, and a naval, military or air force prison, but is, at the time of receiving any sight test under section 71 of the National Health Service (Wales) Act 2006f3 (arrangements for general ophthalmic services), 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 within the meaning given by section 233 of the Sentencing Codef4 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;”.

(3)

In paragraph (3), for “bifocal” substitute “multifocal” on each occasion it occurs.

3Amendment to regulation 8 of the Optical Regulations

In paragraph (2) of regulation 8 (eligibility – supply of optical appliances), at the end insert—

“(f)

a prisoner.”.

4Amendment to regulation 9 of the Optical Regulations

In paragraph (2)(a) of regulation 9 (issue of vouchers by ophthalmic medical practitioners or opticians), for “letter” substitute “number”.

5Amendment to regulation 10 of the Optical Regulations

In paragraph (2)(a) of regulation 10 (issue of vouchers by NHS Trusts and Local Health Boards), for “letter” substitute “number”.

6Amendment to regulation 15 of the Optical Regulations

(1)

Regulation 15 (eligibility – replacement or repair) is amended as follows.

(2)

In paragraph (1)(a), after “child” insert “or a person of the description specified in regulation 8(2)(c) and regulation 8(3)(k) or (ka)”.

(3)

In paragraph (1)(b) for “(c), (d) or (e)” substitute “(d), (e) or (f), or regulation 8(2)(c) and regulation 8(3)(a), (b), (e), (f), (i), (j), (l), (o), (p) or (q)”.

7Amendment to regulation 16 of the Optical Regulations

(1)

Regulation 16 (completion of vouchers) is amended as follows—

(2)

In paragraph 2(b), for “letter” substitute “number”.

(3)

In paragraph 3(b), for “letter” substitute “number”.

8Amendment to regulation 19 of the Optical Regulations

In paragraph 2(b) of regulation 19 (redemption value of voucher for replacement or repair), for “letter” substitute “number”.

9Amendments to the Schedules to the Optical Regulations

(1)

Schedules 1 to 3 to the Optical Regulations are amended as follows.

(2)

For Schedule 1 (voucher letter codes and face values – supply and replacement) substitute the Schedule 1 contained in Schedule 1 to these Regulations.

(3)

In Schedule 2 (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a)

in paragraph 1(1)(a), for “£12.60” substitute “£12.00”;

(b)

in paragraph 1(1)(b), for “£15.40” substitute “£14.00”;

(c)

in paragraph 1(1)(c), for “£4.40” substitute “£2.00”;

(d)

in paragraph 1(1)(d), for “£4.90” substitute “£2.50”;

(e)

after sub-paragraph 1(1), insert—

“(1A)

In addition to any increase under sub-paragraph (1), the amount in column 3 of Schedule 1 relating to a voucher with the number code 1 must be increased by £15.00 where—

(a)

that voucher is issued to an eligible person who is under the age of 19 years,

(b)

the eligible person has been issued a prescription for single vision lenses of a spherical power of between 4 and 6 dioptres, with a cylindrical power of not more than 2 dioptres, and

(c)

the ophthalmic medical practitioner or optician that issues the voucher considers a non-stock lens supplement is required to improve the cosmetic appearance of the optical appliance in relation to which the voucher will be used.

(1B)

For the purposes of sub-paragraph (1A), “non-stock lens supplement” means surfacing of the lenses or using high index or aspheric lenses.”

(4)

For Schedule 3 (voucher values – repair) substitute the Schedule 3 contained in Schedule 2 to these Regulations.

10Transitional provision

(1)

The amounts substituted by regulation 9 apply only in relation to a voucher issued pursuant to regulation 9, 10 or 11 or completed pursuant to regulation 16 of the Optical Regulations on or after 20 October 2023.

(2)

Where a voucher—

(a)

has been issued pursuant to regulation 9, 10 or 11 or completed pursuant to regulation 16 of the Optical Regulations, but

(b)

has not been used or accepted pursuant to regulation 12 or 17 of the Optical Regulations at the coming into force of these Regulations,

that voucher has the face value provided for in the Optical Regulations as they existed immediately before these Regulations come into force and the voucher’s redemption value is to be calculated accordingly.

Signature

Eluned Morgan

Minister for Health and Social Services, one of the Welsh Ministers

27 September 2023

Schedule 1Schedule 1 to the Optical Regulations as substituted by these Regulations

“SCHEDULE 1

Voucher number codes and face values – supply and replacement

Regulations 1(2), 9(2)(a), 10(2)(a) and 16(2)(b) and (3)(b)

(1) Type of optical appliance(2) Number code(3) Face value of voucher
1. Glasses with single vision lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.1£22.00

2. Glasses with single vision lenses-

(a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres;

(b) of a spherical power of less than 10 dioptres with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.

2£42.00
3. Glasses with single vision lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres.3£155.00

4. Glasses with single vision lenses-

(a) of a spherical power of more than 14 dioptres with any cylindrical power;

(b) of a cylindrical power of more than 6 dioptres with any spherical power.

4£276.00

5. Glasses with single vision lenses-

(a) of a spherical power of more than 20 dioptres with any cylindrical power;

(b) of a cylindrical power of more than 10 dioptres with any spherical power.

5£377.00
6. Glasses with multifocal lenses of a spherical power of not more than 6 dioptres with a cylindrical power of not more than 2 dioptres.6£40.00

7. Glasses with multifocal lenses-

(a) of a spherical power of more than 6 dioptres but less than 10 dioptres with a cylindrical power of not more than 6 dioptres;

(b) of a spherical power less than 10 dioptres but with a cylindrical power of more than 2 dioptres but not more than 6 dioptres.

7£77.00
8. Glasses with multifocal lenses of a spherical power of 10 or more dioptres but not more than 14 dioptres with a cylindrical power of not more than 6 dioptres.8£299.00

9. Glasses with prism-controlled multifocal lenses of any power or with multifocal lenses-

(a) of a spherical power of more than 14 dioptres with any cylindrical power;

(b) with a cylindrical power of more than 6 dioptres with any spherical power.

9£387.00

10. Glasses with multifocal lenses-

(a) of a spherical power of more than 20 dioptres with any cylindrical power;

(b) with a cylindrical power of more than 10 dioptres with any spherical power.

10£530.00

11. Glasses not falling within any of paragraphs 1 to 10 for which a prescription is given in consequence of a sight test by a Local Health Board otherwise than under an arrangement under Part 6 of the 2006 Act.

11£530.00
12. Contact lenses for which a prescription is given in consequence of a sight test by a Local Health Board otherwise than under an arrangement under Part 6 of the 2006 Act.12£57.00

”

Schedule 2Schedule 3 to the Optical Regulations as substituted by these Regulations

“SCHEDULE 3

Voucher Values – Repair

Regulation 19(2) and (3)

(1)

Nature of Repair

(2)

Number Codes – Values
1234567891011
£££££££££££
Repair or replacement of one lens6.0016.0072.50133.00183.5015.0033.50144.50188.50260.00260.00
Repair or replacement of two lenses12.0032.00145.00266.00367.0030.0067.00289.00377.00520.00520.00
Repair or replacement of: the front of a frame8.508.508.508.508.508.508.508.508.508.508.50
a side of a frame5.005.005.005.005.005.005.005.005.005.005.00
the whole frame10.0010.0010.0010.0010.0010.0010.0010.0010.0010.0010.00

”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the Optical Regulations”) which provide for payments to be made by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances.

Regulation 2 amends regulation 1(2) of the Optical Regulations to update the reference in the definition of “small glasses” to the relevant British Standards document, to amend the definition of “face value” to refer to voucher number codes, rather than letter codes, to amend the definition of “NHS sight test fee”, and to insert a definition of “prisoner”. Regulation 2 also amends regulation 1(2) and (3) of the Optical Regulations to replace references to “bifocal lenses” with “multifocal lenses”, which include both bifocal and varifocal lenses.

Regulation 3 amends regulation 8 of the Optical Regulations to make prisoners on leave eligible for a voucher for the supply of an optical appliance.

Regulations 4, 5, 7 and 8 make amendments to the Optical Regulations to reflect the change from voucher letter codes to voucher number codes in Schedule 1 to those Regulations.

Regulation 6 amends regulation 15 of the Optical Regulations. Firstly, to provide that prisoners on leave are eligible for a voucher for repair and replacement of an optical appliance in specified circumstances. Secondly, to provide that certain categories of person are eligible for a voucher for repair and replacement regardless of whether their optical appliance has been lost or damaged as a consequence of illness.

Regulation 9 and the Schedules amend Schedules 1, 2 and 3 to the Optical Regulations to change the value of vouchers issued towards the cost of the supply, replacement and repair of optical appliances and to provide for an uplift to the value of vouchers issued to eligible people under 19 years old in certain circumstances.

Regulation 10 makes transitional provision in relation to vouchers issued or completed but not used or accepted before 20 October 2023.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Primary Care and Mental Health Division, Welsh Government, Cathays Park, Cardiff CF10 3NQ.