Citation, commencement, interpretation and application

1. —(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004 and shall come into force on 1 April 2004 except for regulation 3(2) and (3) which shall come into force on 6 April 2004.

(2) In these Regulations—

“the Optical Regulations” means the National Health Service (Optical Charges and Payments) Regulations 1997( 2 ); and

“the Ophthalmic Regulations” means the National Health Service (General Ophthalmic Services) Regulations 1986( 3 ).

(3) These Regulations apply to England only.

Amendments to the Optical Regulations and the Ophthalmic Regulations concerning prisoners

2. —(1) In both regulation 1(2) of the Optical Regulations (citation, commencement and interpretation) and in regulation 2(1)of the Ophthalmic Regulations (interpretation) after the definition of “pension credit guarantee credit” insert the following new definitions—

“ “prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—

“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000(offenders under 18: detention and training orders) ( 4 ) 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; ” ;

“ “prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by or under arrangements made by a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services) ( 5 ) ; ” .

(2) In regulation 8 of the Optical Regulations (supply of optical appliances) in paragraph (2) after sub-paragraph (f) insert—

“ (g) a prisoner. ” .

(3) In regulation 13 of the Ophthalmic Regulations (sight tests - eligibility) in paragraph (1) after sub-paragraph (h) insert—

“ (i) a prisoner. ” .

Amendments to the Optical Regulations

3. —(1) The Optical Regulations are amended as follows.

(2) In regulation 1 in paragraph (2) after the definition of “responsible authority” insert the following new definition—

“ “severe disability element” means the severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002; ” .

(3) In regulation 8 in paragraph (3)(l)—

(a) in head (i), after “disability element”, insert “or severe disability element”, and

(b) in head (ii) for “£14,200”, substitute “£14,600”.

(4) In regulation 19 (redemption value of voucher for replacement or repair)—

(a) in paragraph (1)(b) for “£45.70” substitute “£46.80”; and

(b) in paragraph (3) for “£11.80” substitute “£12.10”.

Amendment of the Schedules to the Optical Regulations

4. —(1) In Schedule 1 to the Optical Regulations (voucher letter codes and face values—supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table.

(2) In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances)—

(a) in paragraph 1(1)(a), for “£10.10” substitute “£10.40”;

(b) in paragraph 1(1)(b), for “£12.20” substitute “£12.50”;

(c) in paragraph 1(1)(c), for “£3.40” substitute “£3.50”;

(d) in paragraph 1(1)(d), for “£3.90” substitute “£4.00”;

(e) in paragraph 1(1)(e), for “£51.50”, “£45.70”, and “£24.80” substitute “£52.80”, “£46.80” and “£25.40” respectively;

(f) in paragraph 1(1)(g), for “£51.50” substitute “£52.80”;

(g) in paragraph 2(a), for “£11.00” substitute “£12.10”; and

(h) in paragraph 2(b), for “£27.70” substitute “£30.50”.

(3) For Schedule 3 to the Optical Regulations (voucher values—repair), substitute the new Schedule 3 set out in the Schedule to these Regulations.

Application of these Regulations

5. The amendments made in Regulations 3(3) and 4 apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2004.

Regulation 4(3)

SCHEDULE 1 SCHEDULE 3 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

Regulation 19(2) and (3)

SCHEDULE 3 VOUCHER VALUES – REPAIR