The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2024
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Change 1
3 Amendment of the Primary Ophthalmic Services Regulations 2008
(1) The Primary Ophthalmic Services Regulations 2008 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) for the definition of “additional services” substitute— “additional services” means primary ophthalmic services prescribed for the purposes of section 115(1)(b) of the Act which are— mobile services provided to persons falling within regulation 3(1)(a) to (h) of these Regulations; or sight-testing services provided in a special educational setting to persons falling within regulation 3A of these Regulations; ; (b) in the definition of “mandatory services”, omit “except sight-testing services provided as mobile services”; (c) after the definition of “secure training centre”— (i) omit “and”; (ii) insert— “special educational setting” means— a special school in England within the meaning of section 337(1) of the Education Act 1996; an independent educational institution within the meaning of Chapter 1 of Part 4 of the Education and Skills Act 2008— which has been entered on the register of independent educational institutions in England kept under section 95 of that Act; and which is specially organised to make special educational provision for students with special educational needs; or a special post-16 institution which is within the meaning given in section 83(2) of the Children and Families Act 2014 and in England; . (3) In regulation 2A (sight-testing services), after “mobile services”, insert “or in special educational settings”. (4) After regulation 3 (sight tests – eligibility), insert— Sight tests in special educational settings – eligibility 3A. A person may have his sight tested in a special educational setting under primary ophthalmic services if, at the time of the testing of sight, he is receiving education in that setting. . (5) In regulation 4(1) (sight tests - applications)— (a) after “eligible person”, insert “, other than a person who is an eligible person only by virtue of regulation 3A,”; (b) in sub-paragraph (b), for “additional” substitute “those”. (6) In regulation 6(1) (applications and signatures by children or persons incapable), for “additional services” substitute “mobile services to a person falling within regulation 3(1)(a) to (h)”. (7) In regulation 7 (entitlement to additional services)— (a) in paragraph (1), for “the following provisions of this regulation” substitute “paragraphs (2) to (4)”; (b) at the end, insert— (5) A person eligible for a sight test under regulation 3A may have his sight tested under sight-testing services provided by a contractor in the special educational setting in which he is receiving education where the contractor has entered into a contract to provide those services in that setting. .
3 Amendment of the Primary Ophthalmic Services Regulations 2008
(1) The Primary Ophthalmic Services Regulations 2008 are amended as follows. (2) In regulation 2(1) (interpretation)— (a) for the definition of “additional services” substitute— “additional services” means primary ophthalmic services prescribed for the purposes of section 115(1)(b) of the Act which are— mobile services provided to persons falling within regulation 3(1)(a) to (h) of these Regulations; or sight-testing services provided in a special educational setting to persons falling within regulation 3A of these Regulations; ; (b) in the definition of “mandatory services”, omit “except sight-testing services provided as mobile services”; (c) after the definition of “secure training centre”— (i) omit “and”; (ii) insert— “special educational setting” means— a special school in England within the meaning of section 337(1) of the Education Act 1996; an independent educational institution within the meaning of Chapter 1 of Part 4 of the Education and Skills Act 2008— which has been entered on the register of independent educational institutions in England kept under section 95 of that Act; and which is specially organised to make special educational provision for students with special educational needs; or a special post-16 institution which is within the meaning given in section 83(2) of the Children and Families Act 2014 and in England; . (3) In regulation 2A (sight-testing services), after “mobile services”, insert “or in special educational settings”. (4) After regulation 3 (sight tests – eligibility), insert— Sight tests in special educational settings – eligibility 3A. A person may have his sight tested in a special educational setting under primary ophthalmic services if, at the time of the testing of sight, he is receiving education in that setting. . (5) In regulation 4(1) (sight tests - applications)— (a) after “eligible person”, insert “, other than a person who is an eligible person only by virtue of regulation 3A,”; (b) in sub-paragraph (b), for “additional” substitute “those”. (6) In regulation 6(1) (applications and signatures by children or persons incapable), for “additional services” substitute “mobile services to a person falling within regulation 3(1)(a) to (h)”. (7) In regulation 7 (entitlement to additional services)— (a) in paragraph (1), for “the following provisions of this regulation” substitute “paragraphs (2) to (4)”; (b) at the end, insert— (5) A person eligible for a sight test under regulation 3A may have his sight tested under sight-testing services provided by a contractor in the special educational setting in which he is receiving education where the contractor has entered into a contract to provide those services in that setting. .
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