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

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Change 1

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As published

2 Amendment of the General Ophthalmic Services Contracts Regulations 2008

(1) The General Ophthalmic Services Contracts Regulations 2008 are amended as follows. (2) In regulation 13 (testing of sight)— (a) omit “paragraph (5)”; and (b) omit “paragraphs (7) to (9)”. (3) In regulation 16 (fees, charges and financial interests of the contractor)— (a) in paragraph (5), for “6 months after” substitute “3 months of”; (b) after paragraph (5), insert— (5A) Notwithstanding paragraph (5), where a claim is made by a contractor for fees in respect of mandatory or additional services completed on or before 31 December 2023, NHS England must consider the claim if it is sent to it within 6 months of the date of completion of the provision of services. . (c) in paragraph (6)— (i) omit “which may be submitted in either electronic form or on paper and”, (ii) at the end of sub-paragraph (a), omit “and”, and (iii) at the end of sub-paragraph (b), insert— ;and (c) submitted in electronic form, subject to paragraph (6A). ; and (d) after paragraph (6), insert— (6A) NHS England may accept submission of a claim in paper form in such exceptional circumstances as NHS England may reasonably determine. . (4) In Part 7 of Schedule 1, in paragraph 38 (termination on the death of an individual contractor), for “7 days” in both places it occurs, substitute “28 days”. (5) In Schedule 3, (applications for a contract), in paragraph 3, omit “sex and”.

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2 Amendment of the General Ophthalmic Services Contracts Regulations 2008

(1) The General Ophthalmic Services Contracts Regulations 2008 are amended as follows. (2) In regulation 13 (testing of sight)— (a) omit “paragraph (5)”; and (b) omit “paragraphs (7) to (9)”. (3) In regulation 16 (fees, charges and financial interests of the contractor)— (a) in paragraph (5), for “6 months after” substitute “3 months of”; (b) after paragraph (5), insert— (5A) Notwithstanding paragraph (5), where a claim is made by a contractor for fees in respect of mandatory or additional services completed on or before 31 December 2023, NHS England must consider the claim if it is sent to it within 6 months of the date of completion of the provision of services. . (c) in paragraph (6)— (i) omit “which may be submitted in either electronic form or on paper and”, (ii) at the end of sub-paragraph (a), omit “and”, and (iii) at the end of sub-paragraph (b), insert— ;and (c) submitted in electronic form, subject to paragraph (6A). ; and (d) after paragraph (6), insert— (6A) NHS England may accept submission of a claim in paper form in such exceptional circumstances as NHS England may reasonably determine. . (4) In Part 7 of Schedule 1, in paragraph 38 (termination on the death of an individual contractor), for “7 days” in both places it occurs, substitute “28 days”. (5) In Schedule 3, (applications for a contract), in paragraph 3, omit “sex and”.

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