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(1) These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment (No. 2) Regulations 2001 and shall come into force on 1st October 2001.
(2) In these Regulations—
 “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.
(3) These Regulations extend to England only.
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(1) For paragraph (2) of regulation 3 of the 1997 Regulations (eligibility—sight tests) there shall be substituted the following—“
(2) An eligible person is—
(a) a person whose income resources, as calculated in accordance with regulation 6 of, and Schedule 1 to, the Remission Regulations for the purposes of remission of charges under the Act, exceed his requirements as so calculated, but whose patient’s contribution does not exceed the NHS sight test fee and whose capital resources as so calculated do not exceed the capital limit, or
(b) a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act.”.
(2) In regulation 8(2) of the 1997 Regulations (eligibility—supply of optical appliances) after sub-paragraph (e) there shall be added—“
(f) a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act”.
(3) In regulation 15(1) of the 1997 Regulations (eligibility—replacement or repair) after sub-paragraph (b) there shall be added—“
(c) a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act”.
(4) In regulation 15(2) of the 1997 Regulations (eligibility—replacement or repair) for “or (b)” there shall be substituted “, (b) or (c)”.
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In regulation 13(1) of the 1986 Regulations after sub-paragraph (g) there shall be added—“
(h) a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th September 2001