Legalize / United Kingdom / Public General Act

Opticians Act 1989

Type Public General Act

Publication 1989-11-16

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — The General Optical Council

The Council

Constitution and functions of the Council.

1

(1) There shall continue to be a body corporate known as the General Optical Council (in this Act referred to as “the Council”).

(2) The Council shall have the general function of promoting high standards of professional education, conduct and performance among registrants and the additional functions assigned to the Council by or under this Act.

(2A) The over-arching objective of the Council in exercising their functions is the protection of the public.

(2B) The pursuit by the Council of their over-arching objective involves the pursuit of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of the public;

(b) to promote and maintain public confidence in the professions regulated under this Act;

(d) to promote and maintain proper standards and conduct for business registrants.

(3) There shall continue to be a registrar of the Council.

(4) The Council shall be constituted as provided for by order of the Privy Council, subject to Schedule 1 (which relates to the constitution etc. of the Council), and the provisions of that Schedule shall have effect.

The Council’s Committees

The Education Committee.

2

(1) There shall continue to be a committee of the Council known as the Education Committee, for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to optical training, education and assessment.

(2) The Education Committee shall continue to be constituted in accordance with rules made by the Council ...

The Companies Committee

3

(1) There shall continue to be a committee of the Council known as the Companies Committee for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to business registrants, other than matters required by this Act to be considered by the Investigation Committee, the Registration Appeals Committee or the Fitness to Practise Committee.

(2) The Companies Committee shall continue to be constituted as provided by rules made under this subsection by the Council.

(3) Before making rules under subsection (2) above, the Council shall consult organisations appearing to the Council to represent the interests of substantial numbers of business registrants.

The Investigation Committee

4

(1) There shall be a committee of the Council known as the Investigation Committee for the purpose of investigating any allegation that—

(a) a registered optometrist’s or a registered dispensing optician’s fitness to practise is impaired;

(b) a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both is impaired; or

(2) The Investigation Committee may refer any allegation before it to the Fitness to Practise Committee for consideration.

(3) The Investigation Committee shall be constituted as provided by rules made under this subsection by the Council.

The Registration Committee

5

(1) There shall be a committee of the Council known as the Registration Committee, for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to registration, other than matters required by this Act to be considered by the Registration Appeals Committee.

(2) The Registration Committee shall be constituted as provided by rules made under this subsection by the Council.

The Registration Appeals Committee

5A

(1) There shall be a committee of the Council known as the Registration Appeals Committee, for the purpose of hearing and determining appeals against any decision of the registrar refusing to enter the name of an individual or body corporate in, or to restore it to, the appropriate register.

(2) All the members of the Registration Appeals Committee shall be members of the Hearings Panel.

(3) Subject to subsection (2) above, the Registration Appeals Committee shall be constituted as provided by rules made under this subsection by the Council.

(4) The members of the Registration Appeals Committee who are to hear any particular case shall be determined in accordance with rules made by the Council under subsection (3) above.

(5) In exercising a function under section 13K, the Registration Appeals Committee must have regard to the over-arching objective.

The Standards Committee

5B

(1) There shall be a committee of the Council known as the Standards Committee for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to the standards of conduct and performance expected of registrants or those seeking admission to a register.

(2) The Standards Committee shall be constituted as provided by rules made under this subsection by the Council.

The Fitness to Practise Committee

5C

(1) There shall be a Committee of the Council known as the Fitness to Practise Committee for the purpose of inquiring into and determining allegations relating to—

(a) the fitness of registered optometrists and registered dispensing opticians to practise;

(b) the fitness of business registrants to carry on business as an optometrist or a dispensing optician or both; and

(2) All the members of the Fitness to Practise Committee shall be members of the Hearings Panel.

(3) Subject to subsection (2) above, the Fitness to Practise Committee shall be constituted as provided by rules made under this subsection by the Council.

(4) The members of the Fitness to Practise Committee who are to hear any particular case shall be determined in accordance with rules made by the Council under subsection (3) above.

(5) In exercising a function under section 13F or 13H, the Fitness to Practise Committee must have regard to the over-arching objective.

The Hearings Panel

5D

(1) The Council shall appoint a panel of persons (“the Hearings Panel”) from whom members of the Fitness to Practise Committee and the Registration Appeals Committee must be selected.

(2) No person shall be appointed to the Hearings Panel—

(a) if he is a member of the Council; and

(b) unless he satisfies such requirements as may be prescribed by rules made by the Council.

(3) The Council shall pay members of the Hearings Panel such fees, allowances and expenses as the Council may determine.

(4) The Council shall arrange such training for members of the Hearings Panel as the Council consider appropriate.

(5) The Council may by rules make provision in respect of the Hearings Panel and may, in particular, make provision—

(a) as to the number of persons to be appointed to the Hearings Panel;

(b) for the removal or resignation from the Hearings Panel of any person appointed to it;

(d) for the publication of a list of members of the Hearings Panel.

General power to appoint committees.

6

(1) The Council may set up a committee for any purpose (other than a purpose for which this Act requires that there shall be a committee of the Council) and may delegate to a committee set up under this section, with or without restrictions or conditions, as they think fit, any functions exercisable by them except the following—

(a) the power to make rules under this Act;

(b) any functions expressly conferred by this Act on some other committee; and

(c) subject to any express provision for delegation in the rules, any functions expressly conferred on the Council by rules under this Act.

(2) The number of members of a committee set up under this section and their term of office shall be fixed by the Council.

(3) A committee set up under this section may include persons who are not members of the Council, but at least two-thirds of the members of every such committee shall be members of the Council.

(4) Every member of a committee set up under this section who at the time of his appointment was a member of the Council shall, upon ceasing to be a member of the Council, also cease to be a member of the committee.

(5) For the purposes of this section a member of the Council shall not be deemed to have ceased by reason of retirement to be a member of it if he has again been nominated or elected a member of it not later than the date of his retirement.

(6) Any function delegated to a committee set up under this section may be further delegated by that committee to an officer or employee of the Council except to the extent that the Council limits or prohibits its further delegation.

(7) The delegation of a function under this section shall not prevent the exercise of the function by the committee by whom the delegation is made.

Powers of delegation

6A

(1) The Council may delegate to any Committee of the Council, other than a committee set up under section 6 above, or to any officer or employee of the Council, any of the functions exercisable by the Council under this Act, except the following—

(a) the power to make rules; and

(b) any functions expressly conferred by this Act on some other committee.

(2) Any function delegated under this section to a Committee or officer of the Council may be further delegated by the Committee or officer to an employee of the Council except to the extent that the Council limits or prohibits its further delegation.

(3) The registrar may delegate any function of his, whether assigned to him under this Act or by the Council under this section, to any employee of the Council.

(4) The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.

Part II — Registration and Training of Opticians

The registers and lists

Registers of opticians.

7

The Council shall continue to maintain—

(a) a register of optometrists; and

(b) a register of dispensing opticians,

each containing the names and addresses , and such other particulars as may be prescribed, of all persons who are entitled under the provisions of this Act to be registered in it and who apply in the prescribed manner to be so registered.

Qualifications for being registered.

8

(1) A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—

(a) holds a qualification—

(i) as an optometrist or a dispensing optician;

(ii) which, at the time it was granted, was approved by the Council under section 12(7)(b) below; and

(iii) which was granted to him after receiving instruction from one or more of the establishments approved by the Council under section 12(7)(a) below;

(b) has had adequate practical experience in the work of an optometrist or a dispensing optician; and

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to subsection (2A), a person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—

(a) holds a qualification as an optometrist or as a dispensing optician granted outside the United Kingdom;

(b) has had adequate practical experience in the work of an optometrist or a dispensing optician; and

(2A) The Council may determine, in relation to any particular person or class of person to which subsection (2) above applies, that before being entitled to have his name in the appropriate register, a person must—

(a) obtain such qualification, approved in accordance with section 12(7)(b) below; or

(b) pass such test, approved in accordance with section 12(7)(c) below,

as they consider appropriate.

(2B) A determination under subsection (2A) may not be made in relation to a person whose qualification—

(a) was granted in a relevant European State, and

(b) indicates, in the opinion of the Council, a level of attainment of competency comparable to that indicated by an approved UK qualification.

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) Subsections (2E) to (2H) apply instead of subsections (2) to (2B) in the case of a person whose qualification is a specified state qualification.

(2E) Subject to subsection (2F), a person is entitled to have the person’s name in the appropriate register if the person satisfies the Council that—

(a) the person holds a qualification as an optometrist or as a dispensing optician which is a specified state qualification;

(b) the person has had adequate practical experience in the work of an optometrist or dispensing optician; and

(2F) A person is not entitled to have the person’s name in the appropriate register by virtue of subsection (2E) if the Council determine that one or more of Conditions 1 to 3 are met in relation to the person’s specified state qualification, unless the person satisfies the Council that the person has met the requirement specified in relation to the person under section 8ZA.

(2G) For the purpose of this section and section 8ZA—

(a) Condition 1 is met where there exists a substantial difference between the knowledge and skill evidenced by a person’s specified state qualification and the knowledge and skill demonstrated by an approved UK qualification;

(b) Condition 2 is met where the professional activities to which an approved UK qualification relates include one or more professional activities that cover substantially different matters from those covered by the person’s specified state qualification;

(c) Condition 3 is met where requiring the person to take an aptitude test or complete an adaptation period would amount to requiring the person to acquire an approved UK qualification.

(2H) The Council may determine in relation to a person who holds a qualification as an optometrist or as a dispensing optician which is a specified state qualification that, before being entitled to have the person’s name in the appropriate register, the person must pass such test, approved in accordance with section 12(7)(c), as they consider appropriate.

(2I) Where the Council make a determination that a specified state professional must take a test approved in accordance with section 12(7)(c), the test must be proportionate to the language skills necessary to practise as an optometrist or a dispensing optician.

(3) Any person who on lst January 1959 was entitled to have his name included in one of the health service ophthalmic lists, and whose name had not at that time been removed from one of those lists by direction of a health service tribunal, shall be entitled to be registered in the appropriate register.

(4) Any person who on an application made not later than lst June 1961 satisfied the Council—

(a) that on the date of his application he held a qualification as an optometrist or dispensing optician recognised by them for the purposes of this subsection; and

(b) that he had had adequate practical experience in the work of an optometrist or dispensing optician; and

shall be entitled to be registered in the appropriate register.

(5) Any person who on an application made after lst June 1961 but before this Act came into force satisfied the Council—

(a) that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and

(b) that he had had adequate practical experience in the work of an optometrist or dispensing optician; and

shall be entitled to be registered in the appropriate register.

(6) Any person who on an application made after this Act comes into force satisfies the Council—

(a) that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and

(b) that he has had adequate practical experience in the work of an optometrist or dispensing optician; and

shall be entitled to be registered in the appropriate register.

(7) In the case of a person whose qualifications (including experience) are appropriate for optometrists, the register of optometrists and the register of dispensing opticians are both appropriate registers for the purposes of this section and, in the case of a person whose qualifications (including experience) are only appropriate for a dispensing optician, the register of dispensing opticians is appropriate for those purposes.

(8) A person may have his name in both the register of dispensing opticians and the register of those undertaking training as optometrists.

(8A) Except as provided in subsection (8) above, a person may not have his name in more than one register.

(9) Where the Council have refused to grant an application for registration under subsection (4), (5) or (6) above, the Privy Council, on representations being made to them, may if they think fit, after considering the representations and after communicating with the Council, order the Council to grant the application.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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