The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017

• Citation: S.I. 2017/1056
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017.

(2) Subject to paragraph (3), they come into force on 1st December 2017.

(3) Regulations 2(3) and 4(3) come into force on 1st May 2019.

(4) In these Regulations—

“the GDS Regulations” means the National Health Service (General Dental Services Contracts) Regulations 2005 ;

“the PDS Regulations” means the National Health Service (Personal Dental Services Agreements) Regulations 2005 ;

“the General Ophthalmic Services Regulations” means the General Ophthalmic Services Contracts Regulations 2008 ;

“the Primary Ophthalmic Services Regulations” means the Primary Ophthalmic Services Regulations 2008 ; and

“the Optical Charges and Payments Regulations” means the National Health Service (Optical Charges and Payments) Regulations 2013 .

Section 2 Amendment to the GDS Regulations

(1) The GDS Regulations are amended as follows.

(2) In regulation 24C(2) (variation of contractual terms in respect of election to enter into a prototype agreement), for “31st March 2018” substitute “31st March 2020”.

(3) In paragraph 38 of Schedule 3 (notification of a course of treatment, orthodontic course of treatment etc )—

(a) after sub-paragraph (1)(f), for “send to the Board, on a form supplied by it” substitute “subject to sub-paragraph (4), send to the Board by means of electronic submission”;

(b) for sub-paragraph (2)(d) substitute “in the case of a patient who is exempt from NHS Charges, the information required under sub-paragraph (3).”;

(c) after sub-paragraph (2) insert the following—

(3) In the case of a patient who is exempt from NHS Charges, the contractor must provide the Board (or a person authorised on the Board’s behalf) with—

(a) such details of that exemption as the Board may reasonably request; and

(b) the written declaration.

(4) The Board may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as the Board may reasonably determine.

(5) In this paragraph, ‘electronic submission’ means the submission of information electronically via a computer system approved by the Board.

Section 3 Transitional provision relating to the GDS Regulations

(1) Notwithstanding the amendments made by regulation 2(3), where a course of treatment is completed on or before 30th April 2019, the Board may accept submission of the information required by paragraph 38(2) of Schedule 3 to the GDS Regulations in paper form up to and including 30th June 2019.

(2) In this regulation, ‘course of treatment’ has the same meaning as in regulation 2(1) (interpretation) of the GDS Regulations.

Section 4 Amendment to the PDS Regulations

(1) The PDS Regulations are amended as follows.

(2) In regulation 20C(2) (variation of contractual terms in respect of election to enter into a prototype agreement), for “31st March 2018” substitute “31st March 2020”.

(3) In paragraph 39 of Schedule 3 (notification of a course of treatment, orthodontic course of treatment etc)—

(a) after sub-paragraph (1)(f), for “send to the Board, on a form supplied by it” substitute “subject to sub-paragraph (5), send to the Board by means of electronic submission”;

(b) for sub-paragraph (3)(d) substitute “in the case of a patient who is exempt from NHS Charges, the information required under sub-paragraph (4).”; and

(c) after sub-paragraph (3) insert the following—

(4) In the case of a patient who is exempt from NHS Charges, the contractor must provide the Board (or a person authorised on the Board’s behalf) with—

(a) such details of that exemption as the Board may reasonably request; and

(b) the written declaration.

(5) The Board may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as the Board may reasonably determine.

(6) In this regulation, ‘electronic submission’ means the submission of information electronically via a computer system approved by the Board.

Section 5 Transitional Provision relating to the PDS Regulations

(1) Notwithstanding the amendments made by regulation 4(3), where a course of treatment is completed on or before 30th April 2019, the Board may accept submission of the information mentioned in paragraph 39(3) of Schedule 3 to the PDS Regulations in paper form up to and including 30th June 2019.

(2) In this regulation, ‘course of treatment’ has the same meaning as in regulation 2 (interpretation) of the PDS Regulations.

Section 6 Amendment to the General Ophthalmic Services Regulations

(1) The General Ophthalmic Services Regulations are amended as follows.

(2) In regulation 2 (interpretation), for the definition of “Charges Regulations” substitute ““Charges Regulations” means the National Health Service (Optical Charges and Payments) Regulations 2013 ;”.

(3) In regulation 16(6) (fees, charges and financial interests of the contractor), for “may be submitted electronically or on paper and” substitute “which may be submitted in either electronic form or on paper and”.

(4) After regulation 16(9) insert—

(10) In this regulation, “electronic form” means the submission of information electronically via a computer system approved by the Board.

Section 7 Amendment to the Primary Ophthalmic Services Regulations

(1) The Primary Ophthalmic Services Regulations are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “Charges Regulations”, substitute—

“Charges Regulations” means the National Health Service (Optical Charges and Payments) Regulations 2013;

(b) for the definition of “notice of entitlement”, substitute—

“notice of entitlement to full remission” means a notice of entitlement to full remission of a NHS charge issued under regulation 8 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 for the purposes of remission of charges under the Act ;

(3) In regulation 3(2)(h) (sight tests–eligibility), after the word “entitlement”, insert “to full remission;”.

(4) In regulation 5(2) (sight test treated as a test under general ophthalmic services), for “regulation 8(1)(a) of the Charges Regulations” substitute “regulation 8(1) of the Charges Regulations”.

(5) After regulation 6(2) (application and signatures by children or persons incapable) insert—

(3) a signature required by these Regulations must—

(i) where an electronic form is used, be in digital ink; or

(ii) where a paper form is used be in ink,

and must be in the signatory’s own handwriting with the signatory’s initials or forename and surname, and not by means of a stamp or a reproduced image.

Section 8 Amendment to the Optical Charges and Payments Regulations

(1) The Optical Charges and Payments Regulations are amended as follows.

(2) In regulation 1(2)( interpretation:);—

(a) after the definition of “disability element” insert—

“electronic form” means the submission of information electronically via a computer system approved by the Board;

(b) for the definition of “voucher” substitute—

“voucher” for the purposes of enabling a payment to be made under these Regulations means—

in Part 3, a voucher form approved by the Secretary of State or the Board which is used by a person with whom the Board has entered into a general ophthalmic services contract under section 117 of the 2006 Act (general ophthalmic services contracts: introductory);

in Part 4, a voucher form—

where a sight test is carried out by an NHS trust or NHS foundation trust, supplied by that NHS trust or NHS foundation trust; and

in any other case, approved by the Secretary of State or the Board and used by the person who carries out the sight test;

in Part 5, a voucher form—

where an optical appliance is repaired or replaced by an NHS trust or NHS foundation trust, supplied by that NHS trust or NHS foundation trust;

in any other case, approved by the Secretary of State or the Board

(3) In regulation 5(2)(b)(i) (payments to ophthalmic practitioners), after “completed voucher” insert “(which may be submitted in either electronic or paper form)”.

(4) In regulation 14(2)(c)(ii) (payments to suppliers), after “completed voucher” insert “(which may be submitted in either electronic or paper form)”.

(5) In regulation 19(2)(b)(iii) (payments to suppliers for the replacement or repair), after “completed voucher” insert “(which may be submitted in either electronic or paper form)”.

(6) Regulation 26 (signatures and claims for payments) is renumbered as paragraph (1) of that regulation.

(7) After regulation 26(1) as so renumbered, insert—

(2) A signature required by these Regulations must—

(i) where an electronic form is used, be in digital ink, or

(ii) where a paper form is used be in ink,

and must be in the signatory’s own handwriting with the signatory’s initials or forename and surname and not by means of a stamp or a reproduced image.