The National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1994

Made: 4th March 1994

Laid before Parliament: 10th March 1994

Coming into force: 1st April 1994

The Secretary of State, in exercise of the powers conferred on him by sections 26, 70(1), 73(a) and (c), 74(a) and (c), 105(7) and 108(1) of, and paragraphs 2 and 2A of Schedule 11 to, the National Health Service (Scotland) Act 1978[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Scotland) Amendment (No.2) Regulations 1994 and shall come into force on 1st April 1994.

• (2) In these Regulations “the principal Regulations” means the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989[^f00002].

Amendment of regulation 20 of the principal Regulations

2

In regulation 20 of the principal Regulations (redemption value of voucher — replacement or repair)—

• (a) in paragraph (1) (b) for “£36.90” there is substituted “£37.80”;

• (b) in paragraph (3)(i) for “£9.20” there is substituted “£9.60”; and

• (c) in paragraph (3)(ii) for “£40.50” there is substituted “£42.10”[^f00003].

Amendment of Schedules to the principal Regulations

3

• (1) In Schedule 1 to the principal Regulations (voucher letter codes and face values)[^f00004] in column 3 (face value of voucher) for each amount specified in column 1 of the Table below (old amount) there shall be substituted the amount specified in relation to it in column 2 of that Table (new amount).

• (2) For Schedule 2 to the principal Regulations (voucher values—repair) there is substituted the Schedule 2 set out in the Schedule to these Regulations.

• (3) In Schedule 3 to the principal Regulations (prisms, tints, photochromic lenses, small glasses and special frames and complex appliances)—

• (a) in paragraph 1(1)(a) (single vision lens with prism) for “£4.70” there is substituted “£4.90”;

• (b) in paragraph 1(1)(b) (other lens with prism) for “£5.90” there is substituted “£6.10”;

• (c) in paragraph 1(1)(c) (single vision tinted lens) for “£2.40” there is substituted “£2.50”;

• (d) in paragraph 1(1)(d) (other tinted lens) for “£2.90” there is substituted “£3.00”;

• (e) in paragraph 1(1)(e) (small glasses)[^f00005]—

• (i) in sub-head (i) for “£40.50” there is substituted “£42.10”;

• (ii) in sub-head (ii) for “£36.00” there is substituted “£37.40”; and

• (iii) in sub-head (iii) for “£19.40” there is substituted “£20.20”;

• (f) in paragraph 1(1)(f) (photochromic lens) for “£2.40” there is substituted “£2.50” and for “£2.90” there is substituted “£3.00”;

• (g) in paragraph 1(1)(g) (specially manufactured frame) for “£40.50” there is substituted “£42.10”; for “£36.00” there is substituted “£37.40”; and for “£19.40” there is substituted “£20.20”;

• (h) in paragraph 2(a) (minimum complex appliance payment—single vision lenses) for “£4.10” there is substituted “£4.20”; and

• (i) in paragraph 2(b) (minimum complex appliance payment- other lenses) for “£22.20” there is substituted “£22.70”[^f00006].

Application of these Regulations

4

The amendments made by regulations 2 and 3 of, and the Schedule to, these Regulations apply only in relation to a voucher—

• (a) accepted or used pursuant to regulation 12 or regulation 18 of the principal Regulations on or after 1st April 1994; or

• (b) sent a Health Board or NHS trust pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.

SCHEDULE — SCHEDULE 2 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) (Scotland) Regulations 1989 (“the principal 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 the supply, replacement and repair of optical appliances.

Regulation 2 amends regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) to increase the value of an optical voucher issued towards the cost of replacing a single contact lens, and to increase the maximum contribution by way of voucher to the cost of repairing a frame.

Regulation 3(1) amends Schedule 1 to the principal Regulations to increase the value of vouchers issued towards the cost of the supply and replacement of glasses and contact lenses.

Regulation 3(2) and the Schedule substitute a new Schedule 2 in the principal Regulations to increase the value of vouchers issued towards the cost of the repair and replacement of optical appliances.

Regulation 3(3) increases the additional values for vouchers for prisms, tints, photochromic lenses and special categories of appliances.

The increases in voucher values overall range from approximately 1.33 per cent to 5.33 per cent (approximately 2.33 per cent to 4.5 per cent in the case of vouchers for the supply of optical appliances).

Footnotes

[^f00001]: 1978 c. 29; section 26 was amended by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), section 1(5), Schedule 1, Part II, paragraphs 1 to 4 and Schedule 8 and by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 13(4); section 70(1) was amended by the 1988 Act, Schedule 3; sections 73(c) and 74(c) were inserted by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(11) and (12); section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made; paragraph 2(1) of Schedule 11 was substituted by the 1988 Act, Schedule 2, paragraph 15(1); and paragraph 2A of Schedule 11 was inserted by the 1984 Act, Schedule 1, Part II, paragraph 7 and amended by the 1988 Act, section 13(2) and (5).

[^f00002]: S.I. 1989/392, amended by S.I. 1990/509, 1991/534, 1991/1731, 1991/2487, 1992/531, 1993/524 and 1994/145.

[^f00003]: The figures substituted by this regulation were last substituted by S.I. 1993/524.

[^f00004]: Schedule 1 was substituted by S.I. 1992/531 and the figures in it amended by S.I. 1993/524.

[^f00005]: Paragraph 1(1)(e) was substituted by S.I. 1991/1731.

[^f00006]: The figures substituted by this paragraph were last substituted by S.I. 1993/524.