NATIONAL HEALTH SERVICE, ENGLAND Citation and commencement 1 1 These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2001 and shall come into force on 19th February 2001. 2 In these Regulations unless the context otherwise requires— “the 1997 Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 , “the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 . Amendment of the 1997 Regulations 2 In regulation 1(2) of the 1997 Regulations (interpretation), in the definition of “ NHS sight test fee”, for the amount of “£42.79” substitute “£42.85” and for the amount “£15.46” substitute “£15.52”. 3 1 Regulation 12 of the 1997 Regulations (use of vouchers for supply of optical appliances) shall be amended in accordance with the following provisions. 2 In paragraph (1) for “paragraphs (4) and (5)” substitute “paragraphs (4), (5) and (6),”. 3 After paragraph (5) add— 6 When the patient presents the voucher— a the supplier shall ask him to produce satisfactory evidence that he is an eligible person, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him; and b if the patient is requested to produce satisfactory evidence, but does not do so, the supplier shall record the fact on the voucher. . 4 At the end of regulation 13 of the 1997 Regulations (payments to suppliers), add— 3 The responsible authority shall also make a payment, to be determined by the Secretary of State, to the supplier to meet or contribute to the cost incurred by the supplier in complying with regulation 12(6). . 5 In regulation 16 of the 1997 Regulations (completion of vouchers), for paragraphs (2) and (3) substitute— 2 In the case of a replacement, the supplier shall— a ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him; b mark on the voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced, as set out in column 1 of that Schedule; c duly complete the relevant parts of the voucher with— i the name and address of the patient, ii the patient’s date of birth; d if the patient has been asked for, but not shown satisfactory evidence of entitlement, record the fact on the voucher. . 3 In the case of a repair, the supplier shall— a ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him; b mark on the voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule; c indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises— i the replacement or repair of one or more lenses included in the appliance and, if so, how many, ii the repair of a frame and, if so, whether it is the whole frame, the front of a frame or one or both sides of a frame, d duly complete the relevant parts of the voucher with— i the name and address of the patient, ii the patient’s date of birth; and e if the patient has been asked for, but not shown satisfactory evidence of entitlement, record the fact on the voucher. . 6 At the end of regulation 18 of the 1997 Regulations (payments to suppliers for replacement and repair), add— 3 The responsible authority shall also make a payment, to be determined by the Secretary of State, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 16(2) or (3) . Amendment of 1986 Regulations 7 In regulation 2 of the 1986 Regulations (interpretation), the following shall be inserted in the appropriate alphabetical order— “day centre” means an establishment in the locality of a Health Authority attended by patients who would have difficulty in obtaining such services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided; “mobile practice” means a contractor who does not have practice premises in a locality, but who has undertaken to provide general ophthalmic services at day or residential centres in that locality; “residential centre” means an establishment in the locality of a Health Authority for patients who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability . 8 1 Regulation 6 of the 1986 Regulations (ophthalmic list) shall be amended in accordance with the following provisions. 2 In paragraph (3)(b) after “provide general ophthalmic services” add “ , or in the case of a mobile practice, the address to which correspondence in connection with such provision may be sent, and the address of any day or residential centres visited regularly;”. 3 In paragraph (3)(c) after “at those addresses” add “ , or in the case of day or residential centres, the months in which visits are intended to take place and the planned interval between such visits”. 9 Regulation 13A (sight tests—applications) shall be amended in accordance with the following provisions. 2 For paragraph (4)(a) substitute— 4 a Subject to paragraph (5)— i satisfy himself that the person is an eligible person by asking for satisfactory evidence of entitlement, unless the contractor, in cases other than where the patient is a person specified in regulation 13(1)(c), already has satisfactory evidence of it available to him; and ii where the patient has been asked for but not produced satisfactory evidence that he is an eligible person, then the contractor shall record the fact on the patient’s sight test form; . 3 After paragraph (5) add the following paragraphs— 6 Where the contractor has provided the sight test at the place where the patient normally resides, he shall record on the sight test form the reason given by the patient, or on his behalf, for not being able to leave home unaccompanied. 7 The contractor may appoint a member of his staff to carry out the requirements placed on him by paragraph (4)(a)(i) and (ii) on his behalf, provided that he ensures that person is given instruction by him to enable him to fulfil the requirements on his behalf. . 10 In regulation 16 (service of documents on contractors) after “undertaking to provide general ophthalmic services” add “ , or, in the case of a mobile practice, the address notified to the Health Authority as the address to which correspondence may be sent”. 11 1 Schedule 1 (terms of service) shall be amended in accordance with the following provisions. 2 In paragraph 2 (incorporation of provisions)— a for sub-paragraph (b)(iii) substitute— iii the investigation of excessive issuing of optical vouchers following a sight test; ; b for sub-paragraph (c) substitute— regulation 9 of the Natonal Health Service (Optical Charges and Payments) Regulations 1997; . 3 In paragraph 3 (premises at which general ophthalmic services are to be provided), for sub-paragraph (2) substitute— 2 Where requested to do so by or on behalf of a patient, who is— a unable to leave home unaccompanied because of physical or mental illness or disability, a contractor may agree to provide general ophthalmic services at the place at which the patient normally resides; or b attending a day centre, a contractor may agree to provide general ophthalmic services at that day centre. . 4 After paragraph 3 insert the following paragraph— Visits 3A 1 In the case of mobile practices, a contractor shall give the relevant Health Authority notice in accordance with sub-paragraph (2) of any visits which he intends to make to provide general ophthalmic services to at least three persons at day centres or in residential centres in its locality. 2 The contractor shall notify the Health Authority at least a month in advance of the beginning of the month in which he intends to visit any establishment in its locality and the intervals at which he intends to make return visits. . 5 In paragraph 4 (premises and equipment)— a in sub-paragraph (1) after “Subject to” insert “sub-paragraph (1A) and”; b after sub-paragraph (1) insert— 1A In the case of a mobile practice, the contractor shall provide suitable equipment for the provision of the general ophthalmic services which he has undertaken to provide. ; c in sub-paragraph (2) after “Subject to” insert “sub-paragraph (2A) and”; d after sub-paragraph (2) insert— 2A In the case of a mobile practice, the contractor, on receipt of a written request from the relevant Health Authority, shall arrange for an authorised officer of the Secretary of State or of the Health Authority to be allowed to inspect at a reasonable time the facilities and equipment that he uses. . 6 In paragraph 5 (notices), for “the National Health Service (Optical Charges and Payments) Regulations 1989” substitute “the National Health Service (Optical Charges and Payments) Regulations 1997”. 7 For paragraph 6 (records) substitute— 6 1 A contractor shall keep a proper record in respect of each patient to whom he provides general ophthalmic services, giving appropriate details of sight testing. 2 Subject to paragraph 8(5), a contractor shall retain all such records for a period of seven years, and shall during that period produce them when required to do so by a Health Authority or the Secretary of State— a to an officer authorised by the Secretary of State; b within such period, not being less than 14 days, as the Health Authority or Secretary of State may specify. . 8 In paragraph 10 (testing of sight), in sub-paragraph (2) for “he shall so inform the patient’s doctor” substitute “he shall, if appropriate, and with the consent of the patient, inform the patient’s doctor of his opinion.” Signed by authority of the Secretary of State for Health Hunt Parliamentary Under-Secretary of State, Department of Health 14th February 2001