1Citation, commencement, interpretation and application#
(1)These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Amendment) (Wales) Regulations 2003, and shall come into force on 1st March 2003.
(2)In these Regulations “the Principal Regulations” (“y prif Reoliadau”) means the National Health Service (Optical Charges and Payments) Regulations 1997.
(3)These Regulations apply to Wales only.
2Amendment of regulation 9 of the principal Regulations#
In regulation 9 of the principal Regulations (issue of vouchers by ophthalmic medical practitioners or opticians) —
(a)after paragraph (1B), insert the following paragraph—“1C Where a patient has indicated—a that he is an eligible person by virtue of regulation 8(2)(a) or (b); andb that he requires an additional optical appliance of the same prescription because either—i he is suffering from illness and as a consequence of that illness requires such an appliance, orii the issue of such an appliance is required as a result of his exceptional circumstances,the ophthalmic medical practitioner or optician may issue to the patient, in accordance with paragraph (2) but subject to paragraph (5), a voucher relating to the optical appliance prescribed by the prescription.”
(b)for paragraph (5) substitute the following paragraph—“5 No voucher shall be issued as provided for by paragraph (1C) unless the responsible authority is satisfied, after making such enquiries as it considers relevant, that the patient’s requirement for an additional optical appliance of the same prescription arose as a consequence of the patient’s illness, or for such other reason that it accepts as being exceptional in the circumstances of the patient’s case.”
(c)after paragraph (5) insert the following paragraph—“6 Unless paragraph (1A), (1C) or regulation 11 applies, not more than one voucher shall be issued to a patient in respect of any one optical appliance prescribed.”
3Amendment of regulation 12 of the principal Regulations#
Regulation 12 of the principal Regulations (use of vouchers for supply of optical appliances) shall be amended—
(a)after sub-paragraph (b) of paragraph (4), insert the following sub-paragraph—“c in a case where regulation 9(1C) applies, a declaration that an additional optical appliance of the same prescription is required either as a consequence of his illness, or as a result of his exceptional circumstances.”
(b)after paragraph (5) insert the following paragraph—“6 In a case where regulation 9(1C) applies, a supplier intending to use a voucher in accordance with paragraph (2) shall first submit it to the responsible authority so that it may be satisfied as to the requirement of an additional optical appliance and give its approval to the use of the voucher.”
4Amendment of regulation 13 of the principal Regulations#
In regulation 13 of the principal Regulations (payments to suppliers), after paragraph (2)(c)(iv) insert the following sub-paragraph—“v where the claim relates to a voucher issued in accordance with regulation 9(1C), obtained any prior approval required by regulation 12(6).”
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