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The National Health Service (Optical Charges and Payments) Regulations 2013

Type Statutory-Instrument
Publication 2013-02-28
Last updated 2025-12-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
13

S.I. 2003/2382; relevant amending instruments are S.I. 2004/663, 2005/26 and 578, 2006/675, 1065 and 2171, 2007/1975 and 2590, 2008/2868, 2009/1599, 2010/620 and 1727, 2011/1587, and 2012/1650.

14

British Standard BS EN ISO 8624:2011 is available from the British Standards Institution, at http://shop.bsigroup.com or BSI Customer Services, 389, Chiswick High Road, London W4 4AL.

15

S.I. 2000/620, amended by S.I. 2012/470 and 2013/…; there are other amending instruments but none is relevant.

17

The definition of ‘family’ in section 137(1) was amended by paragraph 46 of Schedule 24 to the Civil Partnership Act 2004 (c.33).

18

The definition of ‘family’ in section 35(1) was amended by paragraph 124 of Schedule 24 to the Civil Partnership Act 2004.

22

1989 c.44. Section 27(1) of the Opticians Act 1989 was amended by S.I. 2005/848.

23

1989 c.41. Section 23A was inserted by section 2 of the Children (Leaving Care) Act 2000 (c.35) and amended by paragraphs 1 and 8 of Schedule 3 to the Children and Young Persons Act 2008 (c.23).

24

1989 c.41. Section 22(1) of the Children Act 1989 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22), section 2 of the Children (Leaving Care) Act 2000 (c.35), and section 116 of the Adoption and Children Act 2002 (c.38).

25

Section 59 of the Children Act 1989 was amended by section 49 of the Children Act 2004 (c.31), paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008 (c.23).

26

Section 180(6A) was inserted by paragraph 96 of Schedule 4 to the Health and Social Care Act 2012.

For the purposes of this Schedule ––

  • (a) where an optical appliance has lenses described in different paragraphs in column 1, the face value of a voucher for the appliance must be determined according to whichever lens would provide the greater face value;
  • (b) subject to paragraph (c), where an optical appliance has a bifocal lens, the power of the lens must be determined according to the power of that segment of the lens designed to correct a defect in distant sight;
  • (c) where an optical appliance has a bifocal lens, the reading segment of which is more than 4 dioptres more powerful than the distance segment, the power of the lens must be determined according to the power of the reading segment; and
  • (d) a monocle must be treated as though it were glasses.

Editorial notes

27

2006 c.41. By virtue of section 271(1) of the 2006 Act, the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. Section 180 was amended by section 205 of, and paragraph 96 of Schedule 4 to, the Health and Social Care Act 2012 (c.7); section 181 was amended by paragraphs 91 and 97 of Schedule 4 to the Health and Social Care Act 2012 and by S.I. 2010/22. See section 275(1) of the 2006 Act for the definitions of “prescribed” and “regulations”.

31

1995 c.18. This definition in section 1(4) of the Jobseekers Act 1995 was amended by paragraphs 1 and 2 of Schedule 7 to the Welfare Reform and Pensions Act 1999 (c.30).

33

The Secretary of State has made the General Ophthalmic Services Contracts (Payments) Directions 2010, signed on 3rd March 2010. The Directions are available on the Department of Health website at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_114692 and from Department of Health Publications, PO Box 777, London SE1 6XH.

34

Section 123 was amended by paragraph 60 of Schedule 4 to the Health and Social Care Act 2012.

35

2002 c.16. Section 2 of the State Pension Credit Act 2002 was amended by paragraphs 140 and 141 of Schedule 24 to the Civil Partnerships Act 2004 (c.33).

37

S.I. 2003/2382; relevant amending instruments are S.I. 2004/663, 2005/26 and 578, 2006/675, 1065 and 2171, 2007/1975 and 2590, 2008/2868, 2009/1599, 2010/620 and 1727, 2011/1587, and 2012/1650.

38

British Standard BS EN ISO 8624:2011 is available from the British Standards Institution, at http://shop.bsigroup.com or BSI Customer Services, 389, Chiswick High Road, London W4 4AL.

39

The definition of ‘family’ in section 137(1) was amended by paragraph 46 of Schedule 24 to the Civil Partnership Act 2004 (c.33).

40

The definition of ‘family’ in section 35(1) was amended by paragraph 124 of Schedule 24 to the Civil Partnership Act 2004.

43

1989 c.44. Section 27(1) of the Opticians Act 1989 was amended by S.I. 2005/848.

44

1989 c.41. Section 23A was inserted by section 2 of the Children (Leaving Care) Act 2000 (c.35) and amended by paragraphs 1 and 8 of Schedule 3 to the Children and Young Persons Act 2008 (c.23).

45

1989 c.41. Section 22(1) of the Children Act 1989 was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c.22), section 2 of the Children (Leaving Care) Act 2000 (c.35), and section 116 of the Adoption and Children Act 2002 (c.38).

46

Section 59 of the Children Act 1989 was amended by section 49 of the Children Act 2004 (c.31), paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c.14) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008 (c.23).

47

Section 180(6A) was inserted by paragraph 96 of Schedule 4 to the Health and Social Care Act 2012.

Claims, signatures and evidence of eligibility during a pandemic etc.

26A

  • (1) Where, by virtue of these Regulations, a person is required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence, but as a consequence of a disease being, or in anticipation of a disease being imminently—
  • (a) pandemic; and
  • (b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

  • (2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence.
  • (3) An announcement under paragraph (1) may be withdrawn or amended at any time.

Exercise of the Board's functions under these Regulations

Transitional Provisions

Revocations

Exercise of NHS England’s functions under these Regulations

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