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

• Citation: S.I. 2023/1047 (W.)
• Sections: 10

Section 1 Title, coming into force and interpretation

(1) The title of these Regulations is the National Health Service (Optical Charges and Payments) (Amendment) (Wales) Regulations 2023 and they come into force on 20 October 2023.

(2) In these Regulations, “ the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .

Section 2 Amendments to regulation 1 of the Optical Regulations

(1) Regulation 1 (citation, commencement and interpretation) is amended as follows.

(2) In paragraph (2)—

(a) in the definition of “complex appliance”, for “bifocal” substitute “multifocal” ;

(b) in the definition of “face value”, for “letter” substitute “number” ;

(c) for the definition of “NHS sight test fee” substitute—

“ NHS sight test fee ” means the fee for a sight test determined by the Welsh Ministers under section 76 of the National Health Service (Wales) Act 2006 (remuneration for persons providing general ophthalmic services);

(d) in the definition of “small glasses”, for “British Standard BS EN ISO 8624:2011 (Ophthalmic Optics. Spectacle Frames. Measuring System and Terminology) published on 28 February 2011” substitute “British Standard BS EN ISO 8624:2020 (Ophthalmic Optics. Spectacle Frames. Measuring System and Vocabulary) published on 31 July 2020 ” ;

(e) at the appropriate place in the alphabetical order insert—

“ prisoner ” means a person who is detained in a prison, including a young offender institution, a secure training centre, and a naval, military or air force prison, but is, at the time of receiving any sight test under section 71 of the National Health Service (Wales) Act 2006 (arrangements for general ophthalmic services), on leave from that prison, and for the purposes of this definition—

“ secure training centre ” means a place in which offenders subject to detention and training orders within the meaning given by section 233 of the Sentencing Code may be detained and given training and education and prepared for their release, and

“ young offender institution ” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;

(3) In paragraph (3), for “bifocal” substitute “multifocal” on each occasion it occurs.

Section 3 Amendment to regulation 8 of the Optical Regulations

In paragraph (2) of regulation 8 (eligibility – supply of optical appliances), at the end insert—

(f) a prisoner.

Section 4 Amendment to regulation 9 of the Optical Regulations

In paragraph (2)(a) of regulation 9 (issue of vouchers by ophthalmic medical practitioners or opticians), for “letter” substitute “number” .

Section 5 Amendment to regulation 10 of the Optical Regulations

In paragraph (2)(a) of regulation 10 (issue of vouchers by NHS Trusts and Local Health Boards), for “letter” substitute “number” .

Section 6 Amendment to regulation 15 of the Optical Regulations

(1) Regulation 15 (eligibility – replacement or repair) is amended as follows.

(2) In paragraph (1)(a), after “child” insert “or a person of the description specified in regulation 8(2)(c) and regulation 8(3)(k) or (ka)” .

(3) In paragraph (1)(b) for “(c), (d) or (e)” substitute “(d), (e) or (f), or regulation 8(2)(c) and regulation 8(3)(a), (b), (e), (f), (i), (j), (l), (o), (p) or (q)” .

Section 7 Amendment to regulation 16 of the Optical Regulations

(1) Regulation 16 (completion of vouchers) is amended as follows—

(2) In paragraph 2(b), for “letter” substitute “number” .

(3) In paragraph 3(b), for “letter” substitute “number” .

Section 8 Amendment to regulation 19 of the Optical Regulations

In paragraph 2(b) of regulation 19 (redemption value of voucher for replacement or repair), for “letter” substitute “number” .

Section 9 Amendments to the Schedules to the Optical Regulations

(1) Schedules 1 to 3 to the Optical Regulations are amended as follows.

(2) For Schedule 1 (voucher letter codes and face values – supply and replacement) substitute the Schedule 1 contained in Schedule 1 to these Regulations.

(3) In Schedule 2 (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a) in paragraph 1(1)(a), for “£12.60” substitute “£12.00” ;

(b) in paragraph 1(1)(b), for “£15.40” substitute “£14.00” ;

(c) in paragraph 1(1)(c), for “£4.40” substitute “£2.00” ;

(d) in paragraph 1(1)(d), for “£4.90” substitute “£2.50” ;

(e) after sub-paragraph 1(1), insert—

(1A) In addition to any increase under sub-paragraph (1), the amount in column 3 of Schedule 1 relating to a voucher with the number code 1 must be increased by £15.00 where—

(a) that voucher is issued to an eligible person who is under the age of 19 years,

(b) the eligible person has been issued a prescription for single vision lenses of a spherical power of between 4 and 6 dioptres, with a cylindrical power of not more than 2 dioptres, and

(c) the ophthalmic medical practitioner or optician that issues the voucher considers a non-stock lens supplement is required to improve the cosmetic appearance of the optical appliance in relation to which the voucher will be used.

(1B) For the purposes of sub-paragraph (1A), “ non-stock lens supplement ” means surfacing of the lenses or using high index or aspheric lenses.

(4) For Schedule 3 (voucher values – repair) substitute the Schedule 3 contained in Schedule 2 to these Regulations.

Section 10 Transitional provision

(1) The amounts substituted by regulation 9 apply only in relation to a voucher issued pursuant to regulation 9, 10 or 11 or completed pursuant to regulation 16 of the Optical Regulations on or after 20 October 2023.

(2) Where a voucher—

(a) has been issued pursuant to regulation 9, 10 or 11 or completed pursuant to regulation 16 of the Optical Regulations, but

(b) has not been used or accepted pursuant to regulation 12 or 17 of the Optical Regulations at the coming into force of these Regulations,

that voucher has the face value provided for in the Optical Regulations as they existed immediately before these Regulations come into force and the voucher’s redemption value is to be calculated accordingly.