The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2024
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Change 1
4 Amendment of the National Health Service (Optical Charges and Payments) Regulations 2013
(1) The National Health Service (Optical Charges and Payments) Regulations 2013 are amended as follows. (2) In regulation 1(2) (interpretation), after the definition of “small glasses”, 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 8(2) (eligibility for a voucher – supply of optical appliances), at the end, insert— ; (g) a person for whom a prescription for the supply of an optical appliance is issued in consequence of a sight test in a special educational setting. . (4) In regulation 9 (issue of vouchers by ophthalmic practitioners)— (a) in paragraph (1), after “a person”, insert “who is an eligible person by virtue of regulation 8(2)(g) or”; (b) in paragraph (2)(b), after “the person”, insert “is an eligible person by virtue of regulation 8(2)(g) or”. (5) In regulation 12(4) (use of vouchers for the supply of optical appliances), for “Before”, at the beginning, substitute “Subject to regulation 26(1A), before”. (6) In regulation 14(2)(a) (payments to suppliers), at the beginning, insert “subject to regulation 26(1A),”. (7) In regulation 16(3) (eligibility for a voucher – replacement or repair)— (a) after sub-paragraph (c), omit “or”; (b) at the end, insert— ; or (e) is a person of a description specified in regulation 8(2)(g), where the appliance needs replacement or repair as a result of loss or damage. . (8) In regulation 17(4) (completion of vouchers), for “The” at the beginning, substitute “Subject to regulation 26(1A), the”. (9) In regulation 19(2)(a) (payments to suppliers for the replacement or repair), at the beginning, insert “subject to regulation 26(1A),”. (10) In regulation 26 (signatures and claims for payments), after paragraph (1), insert— (1A) Regulations 12(4) and 17(4) and the related conditions under, respectively, regulations 14(2)(a) and 19(2)(a) do not apply in respect of a person who is an eligible person by virtue of regulation 8(2)(g) where— (a) that person is incapable of giving the signature, and (b) the parent, guardian, adult relative or other adult who has the care of that person is not present. .
4 Amendment of the National Health Service (Optical Charges and Payments) Regulations 2013
(1) The National Health Service (Optical Charges and Payments) Regulations 2013 are amended as follows. (2) In regulation 1(2) (interpretation), after the definition of “small glasses”, 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 8(2) (eligibility for a voucher – supply of optical appliances), at the end, insert— ; (g) a person for whom a prescription for the supply of an optical appliance is issued in consequence of a sight test in a special educational setting. . (4) In regulation 9 (issue of vouchers by ophthalmic practitioners)— (a) in paragraph (1), after “a person”, insert “who is an eligible person by virtue of regulation 8(2)(g) or”; (b) in paragraph (2)(b), after “the person”, insert “is an eligible person by virtue of regulation 8(2)(g) or”. (5) In regulation 12(4) (use of vouchers for the supply of optical appliances), for “Before”, at the beginning, substitute “Subject to regulation 26(1A), before”. (6) In regulation 14(2)(a) (payments to suppliers), at the beginning, insert “subject to regulation 26(1A),”. (7) In regulation 16(3) (eligibility for a voucher – replacement or repair)— (a) after sub-paragraph (c), omit “or”; (b) at the end, insert— ; or (e) is a person of a description specified in regulation 8(2)(g), where the appliance needs replacement or repair as a result of loss or damage. . (8) In regulation 17(4) (completion of vouchers), for “The” at the beginning, substitute “Subject to regulation 26(1A), the”. (9) In regulation 19(2)(a) (payments to suppliers for the replacement or repair), at the beginning, insert “subject to regulation 26(1A),”. (10) In regulation 26 (signatures and claims for payments), after paragraph (1), insert— (1A) Regulations 12(4) and 17(4) and the related conditions under, respectively, regulations 14(2)(a) and 19(2)(a) do not apply in respect of a person who is an eligible person by virtue of regulation 8(2)(g) where— (a) that person is incapable of giving the signature, and (b) the parent, guardian, adult relative or other adult who has the care of that person is not present. .
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