Citation, commencement and extent

1. —(1) These Regulations may be cited as the National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023.

(2) Subject to paragraph (3), these Regulations come into force on 1st January 2024.

(3) This regulation and regulations 2(4) and 2(5) come into force on 1st November 2023.

(4) These Regulations extend to England and Wales.

Amendment of the General Ophthalmic Services Contracts Regulations 2008

2. —(1)The General Ophthalmic Services Contracts Regulations 2008( 2 ) 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 ( 3 ) 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”.

Amendment of the Primary Ophthalmic Services Regulations 2008

3. —(1)The Primary Ophthalmic Services Regulations 2008( 4 ) are amended as follows.

(2) In regulation 4(2) (sight tests-applications), for “contain” substitute “be accompanied by” .

(3) In regulation 6 (applications and signatures by children or persons incapable)—

(a) for paragraph (3)(i), substitute “subject to paragraph (4), where an electronic form is used, be provided electronically; or” ; and

(b) after paragraph (3), insert—

“ (4) A signature in ink may be provided on a paper form separate from the application, in such exceptional circumstances as NHS England may reasonably determine. ” .

Amendment of the Optical Charges and Payments Regulations 2013

4. —(1)The Optical Charges and Payments Regulations 2013( 5 ) are amended as follows.

(2) In regulation 4(3) (completion and use of voucher-sight tests), omit “on the voucher”.

(3) In regulation 5(2)(b) (payments to ophthalmic practitioners)—

(a) in paragraph (i)—

(i) omit “(which may be submitted in either electronic or paper form)”,

(ii) for “the sight test” substitute “completion of the sight test” ; and

(b) at the end of paragraph (ii), after “patient contribution” insert—

“ ; and

(iii) submitted the claim in electronic form, subject to paragraph (3). ” .

(4) After regulation 5(2), insert—

“ (3) NHS England may accept submission of a claim referred to in paragraph (2)(b)(i) in paper form in such exceptional circumstances as NHS England may reasonably determine. ” .

(5) In regulation 9 (issue of vouchers by ophthalmic practitioners)—

(a) in paragraph (1)—

(i) omit from “, on the same occasion” to the end, and

(b) after paragraph (1), insert—

“ (1A) Where an ophthalmic practitioner is required to issue a voucher under paragraph (1), the practitioner must—

(a) issue the voucher with the prescription; or

(b) where for technical reasons the voucher cannot be issued on that occasion, issue the voucher as soon as reasonably practicable after issuing the prescription. ”

(6) In regulation 12(4) (use of vouchers for supply of optical appliance), omit “on the voucher”.

(7) In regulation 14 (payments to suppliers)—

(a) in paragraph (2)(a), omit “on the voucher”;

(b) in paragraph (2), for sub-paragraph (c) substitute—

“ (c) the supplier has—

(i) made and kept a written record of the supply and issued to the person a receipt for any money received from that person;

(ii) made a claim for a payment to NHS England on a completed voucher within three months of the date of the supply of the optical appliance;

(iii) where the person has shown a notice of entitlement to the supplier, informed NHS England of the amount of the patient contribution, if any;

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 2, certified that the glasses supplied were small glasses; and

(v) submitted the claim in electronic form, subject to paragraph (3). ” ; and

(c) after paragraph (2), insert—

“ (3) NHS England may accept submission of a claim referred to in paragraph (2)(c)(ii) in paper form in such exceptional circumstances as NHS England may reasonably determine. ” .

(8) In regulation 17(4) (completion of vouchers), omit “on the voucher”.

(9) In regulation 19 (payments to suppliers for the replacement or repair)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), omit “on the voucher”; and

(ii) for sub-paragraph (b), substitute—

“ (b) the supplier has—

(i) made and kept a written record of the replacement or repair and issued to the person a receipt for any money received from the person;

(ii) obtained any prior approval required by regulation 17(6);

(iii) made a claim for a payment to NHS England on a completed voucher within the period of three months beginning with the date of the replacement or repair of the optical appliance;

(iv) where the person has shown a notice of entitlement to the supplier, informed NHS England of the amount of the patient contribution, if any; and

(v) submitted the claim in electronic form, subject to paragraph (3). ” ; and

(b) after paragraph (2), insert—

“ (3) NHS England may accept submission of a claim in paper form in such exceptional circumstances as NHS England may reasonably determine. ” .

(10) In regulation 26 (signatures and claims for payments)—

(a) in paragraph (2), for sub-paragraph (i) substitute—

“ subject to paragraph (3) where an electronic form is used, be provided electronically, or ” ; and

(b) after paragraph (2), insert—

“ (3) A signature in ink may be provided on a paper form separate from the document to which it relates in such exceptional circumstances as NHS England may reasonably determine. ” .