Legalize / United Kingdom / Public General Act

Opticians Act 1989

Type Public General Act

Publication 1989-11-16

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Subject to subsections (2) and (5) above, the Registration Appeals Committee may, if they think fit, on an application made under this section, direct the registrar to restore the person’s name, or the entry relating to a specialty or proficiency, to the appropriate register.

(7) Before determining whether to give a direction under this section, the Registration Appeals Committee shall require an applicant for restoration to provide such evidence as they consider appropriate as to his fitness to practise or fitness to undertake training or, as the case may be, the fitness of the body corporate to carry on the business of an optometrist or a dispensing optician or both; and they must not give such a direction if that evidence does not satisfy them.

(8) If, during the same period of erasure, a second or subsequent application for the restoration to the appropriate register of a name or an entry relating to a specialty or proficiency, made by or on behalf of the individual or body corporate whose name has been erased or whose entry relating to a specialty or proficiency has been removed, is unsuccessful, the Registration Appeals Committee may direct that the individual’s or body’s right to make any further such applications shall be suspended indefinitely.

(9) Where the Registration Appeals Committee give a direction under subsection (8) above, the registrar shall forthwith serve on the person in respect of whom it has been made a notification of the direction and of the person’s right to appeal against it in accordance with section 23G below.

(10) Any person in respect of whom a direction has been given under subsection (8) above may, after the expiration of two years from the date on which the direction was given, apply to the registrar for that direction to be reviewed by the Registration Appeals Committee and, thereafter, may make further applications for review; but no such application may be entertained before the expiration of three years from the date of the most recent review decision.

Interim orders

13L

(1) Where the Fitness to Practise Committee are satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registrant, for—

(a) his registration to be suspended or to be made subject to conditions; or

(b) an entry relating to a specialty or proficiency to be removed temporarily or made subject to conditions,

the Committee may make an order specified in subsection (2) below.

(2) The orders specified in this subsection are that—

(a) the registrant’s registration in the appropriate register shall be suspended (that is to say, shall not have effect), or that an entry relating to a specialty or proficiency of his shall be removed, during such period not exceeding eighteen months as may be specified in the order (an “interim suspension order”); or

(b) his registration or entry relating to a specialty or proficiency shall be conditional on his compliance, during such period not exceeding eighteen months as may be specified in the order, with such requirements so specified as the Committee think fit to impose (an “order for interim conditional registration”).

(3) Subject to subsection (9) below, if the Fitness to Practise Committee make an order under subsection (1) above, the Committee—

(a) must review that order within the period of six months beginning on the date on which the order was made, and must also, for so long as the order remains in force, further review it—

(i) before the end of the period of six months beginning on the date of the immediately preceding decision, or

(ii) if after the end of the period of three months beginning on the date of the decision of the immediately preceding review, the person concerned requests an earlier review, as soon as practicable after that request; and

(b) may review it if new evidence relevant to the order becomes available after the order is made.

(4) Where an interim suspension order or an order for interim conditional registration has been made in relation to a person under any provision of this section (including this subsection), the Fitness to Practise Committee may—

(a) revoke the order or revoke the condition imposed by the order;

(b) vary any condition imposed by the order; or

(c) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of that person, replace—

(i) an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former; or

(ii) an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former.

(5) If an order is made under any provision of this section, the registrar shall forthwith serve a notification of the order on the person.

(6) The Council may apply to the relevant court for an order made by the Fitness to Practise Committee under subsection (1) or (4) above to be extended, and may apply again for further extensions.

(7) On such an application the relevant court may extend (or further extend) for up to twelve months the period for which the order has effect.

(8) Any references in this section to an interim suspension order, or to an order for interim conditional registration, include a reference to such an order as extended under subsection (7) above.

(9) For the purposes of subsection (3) above the first review after the relevant court’s extension of an order made by the Fitness to Practise Committee, or after the Fitness to Practise Committee makes a replacement order under subsection (4)(c) above, shall take place—

(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (3) above, within the period of six months beginning on the date on which the relevant court ordered the extension or on which a replacement order under subsection (4)(c) above was made; and

(b) if it had been reviewed under the provision, within the period of three months beginning on that date.

(10) Where an order has effect under any provision of this section, the relevant court may—

(a) in the case of an interim suspension order, terminate the suspension, or temporary period of removal in the case of an entry relating to a specialty or proficiency;

(b) in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order; or

(c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when the Order was made,

and the decision of the relevant court under any application under this subsection shall be final.

(11) If an order is made in relation to any person under any provision of this section, the Fitness to Practise Committee shall (if the order remains in effect at the time of the hearing of the allegation against the person before the Committee) revoke that order immediately after it has determined the allegation in accordance with section 13F above and rules made under section 23C below.

(12) The revocation of an interim suspension order or an order for interim conditional registration under subsection (11) shall take effect forthwith.

Provisions supplementary to section 13L

13M

(1) While a registrant’s registration in the appropriate register is suspended by virtue of an interim suspension order under this section—

(a) the registrant shall be treated, except as provided in subsection (2) below, as not being registered in the appropriate register, and the registrar shall make a note in the appropriate register of that fact and of the period for which the registration is to be suspended, but

(b) sections 13D to 13H above and this section shall continue to apply to the individual or body whose registration is suspended.

(2) An individual registrant shall be treated for the purposes of compliance with rules made under sections 11A and 11B above as if his registration in the appropriate register was not suspended.

(3) The registrar shall erase any note made under subsection (1)(a) above when the direction for suspension ceases to have effect.

(4) In section 13L above “the relevant court” means—

(a) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;

(b) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Northern Ireland, means the High Court of Justice in Northern Ireland; and

Part III — Disciplinary Proceedings

Disciplinary orders.

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Suspension orders.

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Penalty orders.

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Powers of Disciplinary Committee.

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Restoration of names erased as result of disciplinary cases etc.

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Erasure from register and list on grounds of fraud or error.

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Service of notifications.

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Procedure of Disciplinary Committee.

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Assessors to Disciplinary Committee.

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Appeals in disciplinary and other cases.

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PART 3A — PROCEEDINGS AND APPEALS

Service of notification

23A

(1) A notification under this Act which is required to be served on any person may be served, subject to subsections (2) and (5) below, by—

(a) being delivered to that person personally;

(b) leaving it at that person’s registered address, or his last known address if that address differs from the address in the appropriate register and it appears to the registrar that the notification is more likely to reach him at that address;

(d) sending it by a postal service which provides for the delivery of the notice by post to be recorded.

(2) The Council may make rules providing for a notification which is required to be served on any person under this Act to be served by an electronic communication.

(3) Rules under subsection (2) above shall secure that a notice cannot be served by an electronic communication unless the person consents in writing to the receipt of notices from the Council by electronic communication and the communication is sent to the number or address specified by that person when giving consent.

(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 (which defines “service by post”) in its application to this section, a letter to an individual containing such a notification shall be deemed to be properly addressed if it is addressed to him at his—

(a) address in the appropriate register; or

(b) last known address if that address differs from the address in the appropriate register and it appears to the registrar that the notification is more likely to reach him at that address.

(5) A notification which is required to be served on a body corporate shall be duly served if it is served on an officer, secretary or clerk of that body.

(6) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, a letter to a body corporate, or to an officer, secretary or clerk of that body, containing such a notification shall be deemed to be properly addressed if it is addressed to it or him at—

(a) that body’s address in the register of bodies corporate under section 9 above; or

(b) the address of that body’s registered or principal office if that address differs from its address in that register and it appears to the registrar that the notification is more likely to reach the body corporate or its officer, secretary or clerk at that address.

(7) An electronic communication received outside a person’s normal business hours shall be taken to have been received on the next working day, and for this purpose “working day” means any day which is not a Saturday, Sunday, bank holiday or other public holiday.

Procedure of Fitness to Practise Committee and Registration Appeals Committee

23B

(1) For the purposes of proceedings under this Act in England and Wales or in Northern Ireland before—

(a) the Fitness to Practise Committee; or

(b) the Registration Appeals Committee,

the Committee may administer oaths and any party to the proceedings may issue a writ of sub poena ad testificandum or duces tecum.

(2) No person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(3) Section 36 of the Senior Courts Act 1981 and section 67 of the Judicature (Northern Ireland) Act 1978 (subpoena issued in High Court to run through United Kingdom) shall apply in relation to any such proceedings in England and Wales and in Northern Ireland respectively as those provisions apply in relation to causes and matters in the High Court or, as the case may be, actions or suits pending in the High Court of Justice in Northern Ireland.

(4) For the purposes of any such proceedings in Scotland, the Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or havers failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Powers of the Council to make rules

23C

(1) The Council shall make rules as to—

(a) the procedure to be followed and the rules of evidence to be observed by—

(i) the Fitness to Practise Committee; and

(ii) the Registration Appeals Committee; and

(b) the procedure to be followed by the Investigation Committee.

(2) The rules under subsection (1)(a) above shall in particular include provision—

(a) for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the registrant or person seeking restoration to whom, or as the case may be to which, the proceedings relate;

(b) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee;

(i) a person with a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);

(ii) an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;

(iii) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland ; or

(iv) a person of such other description as may be specified in rules if the rules so allow and the person appearing so elects;

(d) for proceedings before the Committee to be held in public, except and to the extent that rules provide otherwise;

(e) (except in relation to proceedings before the Registration Appeals Committee), if in the case of a registered optometrist, a registered dispensing optician or a student registrant it is alleged that his fitness to practise or, as the case may be, fitness to undertake training is impaired, but the Committee judge that he is fit to practise or, as the case may be, fit to undertake training—

(i) requiring the Fitness to Practise Committee, if requested to do so by the registrant, to make a declaration to that effect, giving its reasons; or

(ii) enabling the Fitness to Practise Committee, if no such request is made but he nonetheless consents, to make such a declaration;

(f) (except in relation to proceedings before a Registration Appeals Committee), if in a case where the registrant is a body corporate it is alleged that the body is not fit to carry on the business of an optometrist or a dispensing optician or both but the Fitness to Practise Committee judge that the body is fit to carry on that business—

(i) requiring the Fitness to Practise Committee, if requested to do so by the registrant, to make a declaration to that effect, giving its reasons; or

(ii) enabling the Fitness to Practise Committee, if no such request is made but the registrant nonetheless consents, to make such a declaration.

(3) The Council may also make rules—

(a) enabling the Committee to appoint an assessor for the purposes of reporting on the health, or specific aspects of the health, of the registrant or the person seeking restoration to the appropriate register;

(b) enabling the Committee to appoint an assessor to report on the standard and quality of the work done or being done by the registrant or by a person seeking to have his name restored to the appropriate register;

(c) enabling the Committee to draw such inference as seems appropriate to them in the particular case if the registrant or the person seeking restoration to the appropriate register fails—

(i) to submit to any examination required or directed to be carried out in accordance with rules made under this section; or

(ii) to co-operate with the Committee.

(4) The rules under subsection (1)(a) above may also include provision for the award and summary assessment of costs and expenses.

(5) Such rules may require the Committee to have regard to a person’s ability to pay when considering the making of an award against him under the rules.

(6) The rules as to costs or expenses may include provision for authorising the Committee to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings.

(7) Any sum required to be paid under an award in respect of costs and expenses shall be recoverable as if it had been adjudged to be paid by order of a relevant court.

(8) In subsection (7) above “relevant court” means—

(a) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;

(b) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Northern Ireland, means the High Court of Justice in Northern Ireland; and

(9) The rules under subsection (1) above may make provision as to the form which is to be used for any document and for documents and certificates to be sent or received as an electronic communication.

(10) Before making rules under this section, the Council shall consult such organisations representing the interests of registrants as it appears appropriate to the Council to consult.

Legal advisers

23D

(1) The Council shall appoint persons to be legal advisers.

(2) The legal advisers are appointed for the purpose of giving advice to—

(a) the Fitness to Practise Committee; and

(b) the Registration Appeals Committee,

on questions of law arising in connection with any matter which the Committee is considering.

(3) To be qualified for appointment as a legal adviser, a person must—

(a) have at least a five year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);

(b) be an advocate or solicitor in Scotland of at least five years standing; or

(c) be a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least five years standing.

(4) A legal adviser must not be a member of the Council.

(5) The Council may pay such fees, allowances and expenses to a legal adviser as the Council consider appropriate.

(6) Legal advisers appointed under this section may be appointed either generally or for any particular class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which they are appointed.

(7) The Council may make rules as to the functions of legal advisers appointed under this section and those rules may in particular contain provision—

(a) for legal advisers to advise on the drafting of decisions;

(b) for securing that where the adviser advises a Committee on any question of law as to evidence, procedure or any other matters set out in the rules, he shall do so in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or, if the advice is tendered after the Committee have begun to deliberate as to their findings, that every such party or person shall be informed as to the advice tendered by the legal adviser; and

Other advisers

23E

(1) The Council—

(a) shall appoint persons to be clinical advisers; and

(b) may appoint persons to act as specialist advisers on issues on which, in the Council’s opinion, specialist knowledge is required.

(2) Persons appointed to be—

(a) clinical advisers must have specialist expertise in a particular field or fields; and

(b) specialist advisers must have particular expertise in the specialty for which they are appointed.

(3) Clinical advisers shall be appointed for the purpose of giving advice to the Fitness to Practise Committee and the Registration Appeals Committee on health related issues under consideration by the Committee.

(4) If specialist advisers are appointed under subsection (1)(b) above, their appointment shall be for the purpose of giving advice to the Fitness to Practise Committee and the Registration Appeals Committee on issues falling within their specialty which are under consideration by the Committee.

(5) Advisers appointed under this section must not be members of the Council.

(6) The Council may pay such fees, allowances and expenses to the advisers appointed under this section as the Council consider appropriate.

(7) Advisers appointed under this section may be appointed either generally or for any particular class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which they are appointed.

(8) The Council may make rules as to the functions of advisers appointed under this section.

Registration appeals

23F

Schedule 1A to this Act (which makes provision about appeals against registration decisions) shall have effect.

Appeals from the Registration Appeals Committee and the Fitness to Practise Committee

23G

(1) The following decisions are appealable decisions for the purposes of this section—

(a) a decision of the Fitness to Practise Committee—

(i) under section 13F above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;

(ii) under section 13F above in respect of an entry relating to a specialty or proficiency, giving a direction for removal (whether or not temporarily) or conditional inclusion or varying the conditions imposed by a direction for conditional inclusion; or

(iii) under section 13H(1) above imposing a financial penalty order;

(b) a decision of the Fitness to Practise Committee under section 13J above giving a direction that a person’s name or an entry relating to a specialty or proficiency be removed from the appropriate register;

(c) a determination of the Registration Appeals Committee under paragraph 4 of Schedule 1A to this Act other than a determination to allow the appeal and quash the decision appealed against; and ...

(d) a determination of the Registration Appeals Committee under section 13K(8) above directing that the right to make further applications under that section shall be suspended indefinitely; ...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1)(a) above—

(a) references to a direction for suspension include a reference to a direction extending a period of suspension and a direction for indefinite suspension;

(b) references to a direction for removal of an entry relating to a specialty or proficiency include a reference to a direction extending a period of temporary removal and a direction for indefinite removal of an entry which was removed only temporarily; and

(c) references to a direction for conditional registration or, in the case of an entry relating to a specialty or proficiency, conditional inclusion, include a reference to a direction extending a period of conditional registration or, in the case of an entry relating to a specialty or proficiency, conditional inclusion.

(3) A person in respect of whom an appealable decision falling within subsection (1) above has been taken may, within the period of 28 days beginning with the day on which the decision was served on him, appeal against the decision to the relevant court.

(4) In this section and section 23H below, “the relevant court” means—

(a) in any case falling within subsection (1)(a) above—

(i) where the address of the person named in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;

(ii) where the address of the person named in the appropriate register is, or if he were registered would be, in Northern Ireland, means the High Court of Justice in Northern Ireland; and

(iii) otherwise, means the High Court of Justice in England and Wales;

(b) in any case falling within subsection (1)(b) to (d) above where the address of the person named in the appropriate register is, or if he were registered would be, in Scotland, the sheriff in whose sheriffdom that address is situated; or

(5) The Council may appear as respondent on any such appeal, and for the purposes of any order as to costs (or in Scotland, expenses) in relation to any such appeal the Council shall be deemed to be a party to the appeal, whether they appear on the hearing of the appeal or not.

(6) On an appeal under this section from a decision of the Fitness to Practise Committee, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the direction or variation or order appealed against;

(c) substitute for the direction or variation or order appealed against any other direction or variation or order which could have been given or made by the Fitness to Practise Committee; or

(d) remit the case to the registrar for him to refer it to the Fitness to Practise Committee to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.

(7) On an appeal under this section from a decision of the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the determination appealed against;

(c) substitute for the determination appealed against any other determination which could have been given or made by the Registration Appeals Committee; or

(d) remit the case to the registrar for him to refer it to the Registration Appeals Committee to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date decision takes effect

23H

Where—

(a) no appeal is brought against an appealable decision; or

(b) such an appeal is brought but withdrawn or struck out for want of prosecution,

the appealable decision shall take effect on the expiration of the time for appealing or, as the case may be, on the withdrawal or striking out of the appeal.

(2) Where an appeal is brought against an appealable decision and the relevant court dismisses the appeal, the appealable decision shall take effect on the date the appeal is dismissed.

Part IV — Restrictions On Testing Of Sight, Fitting Of Contact Lenses, Sale And Supply Of Optical Appliances And Use Of Titles And Descriptions

Testing of sight.

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(1) Subject to the following provisions of this section, a person who is not a registered medical practitioner or registered optometrist shall not test the sight of another person.

(2) Subsection (1) above shall not apply to the testing of sight by a person recognised by a medical authority as a medical student, if carried out as part of a course of instruction approved by that authority for medical students or as part of an examination so approved.

(3) The Council may by rules exempt from subsection (1) above the testing of sight by persons training as optometrists , or any prescribed class of such persons, in such cases and subject to compliance with such conditions as may be prescribed by the rules.

(4) Any person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Fitting of contact lenses.

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(1) Subject to the following provisions of this section a person who is not a registered medical practitioner, a registered optometrist or a registered dispensing optician must not fit a contact lens for an individual.

(1A) A registered medical practitioner, a registered optometrist, a registered dispensing optician or a person to whom, by virtue of subsection (2) or (3) below, subsection (1) above does not apply, must not fit a contact lens for an individual unless—

(a) where the duty to give an individual a signed written prescription under section 26(2) below arises, he has the particulars of such a prescription given to the individual within the period of two years ending on the date the fitting begins; and

(b) the fitting begins before any re-examination date specified in that prescription.

(2) Subsection (1) above shall not apply to the fitting of contact lenses by a person recognised by a medical authority as a medical student, if carried out as part of a course of instruction approved by that authority for medical students or as part of an examination so approved.

(3) The Council may by rules exempt from subsection (1) above the fitting of contact lenses by persons training as optometrists or dispensing opticians , or any prescribed class of such persons, in such cases and subject to compliance with such conditions as may be prescribed by the rules.

(4) Any person who contravenes subsection (1) or (1A) above shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(5) A person to whom this subsection applies who fits a contact lens to an individual must—

(a) on completion of the fitting, provide the individual with a signed, written specification of each lens fitted sufficient to enable the lens to be replicated unless, having carried out the assessment referred to in subsection (9)(a) below, he is of the view that a contact lens is not appropriate; and

(b) provide the individual with instructions and information on the care, wearing, treatment, cleaning and maintenance of the lens.

(6) The obligation to provide a specification or instructions or information under subsection (5) above applies—

(a) if only one person took part in fitting a contact lens for the individual, to that person;

(b) if a series of persons took part in fitting a contact lens for an individual, to the last person to fit a lens.

(7) A specification issued in accordance with subsection (5) above must—

(a) state the period during which the specification remains valid and its expiry date; and

(b) in the case of a specification provided by a registered medical practitioner, contain such particulars as the Secretary of State may specify in regulations.

(8) A specification becomes invalid after its expiry date.

(9) For the purposes of this section and section 27(3A) below, “fitting” a contact lens means—

(a) assessing whether a contact lens meets the needs of the individual; and, where appropriate

(b) providing the individual with one or more contact lenses for use during a trial period,

and “fit” and “fitted” shall be construed accordingly.

(10) In the application of this section to Northern Ireland, for any reference to the Secretary of State there shall be substituted a reference to the Department of Health, Social Services and Public Safety in Northern Ireland.

Duties to be performed on sight testing.

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(1) The Secretary of State may by regulations provide that, subject to any exceptions specified in the regulations, when a registered medical practitioner or registered optometrist tests the sight of another person, it shall be his duty—

(a) to perform such examinations of the eye for the purpose of detecting injury, disease or abnormality in the eye or elsewhere as the regulations may require, and

(b) immediately following the test to give the person whose sight he has tested a written statement—

(i) that he has carried out the examinations that the regulations require, and

(ii) that he is or (as the case may be) is not referring him to a registered medical practitioner and if he is referring him, the reason for the referral.

(2) Except where regulations under subsection (3)(b) below specify otherwise , it shall also be his duty to give the person whose sight he has tested, immediately following the test, either a signed, written prescription for an optical appliance or a signed, written statement that he does not need to wear or use an optical appliance.

(3) The Secretary of State may by regulations specify—

(a) particulars to be included in a prescription or statement provided in fulfilment of the duty imposed by subsection (2) above; and

(b) that that duty does not arise where a person is being fitted with contact lenses as part of the medical or clinical treatment provided for an eye condition.

(4) A person shall not be required as a condition of having his sight tested—

(a) to undertake to purchase from a specified person any optical appliance the testing of his sight may show he requires to wear or use; or

(b) to pay a fee before the testing is carried out.

(5) A fee shall be payable in a case where a duty arises under this section only if that duty has been fulfilled.

(6) Any term of an agreement for a testing of sight which is inconsistent with this section shall be unenforceable, and any sum paid in respect of a fee otherwise than in pursuance of this section shall be recoverable.

(7) In this section “fee” means any payment in connection—

(a) with testing sight in accordance with regulations under this section;

(b) with fulfilling any duty imposed by this section; or

(8) Any power to make regulations conferred by this section includes power to make different provision for different classes of case.

(9) In the application of this section to Northern Ireland for any reference to the Secretary of State there shall be substituted a reference to the Department of Health, Social Services and Public Safety in Northern Ireland .

Sale and supply of optical appliances.

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(1) A person shall not sell—

(a) any contact lens for use by any person who does not have a valid specification provided pursuant to section 25(5) above; or

(b) subject to the following provisions of this section, any optical appliance or zero powered contact lens unless the sale is effected by or under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician.

(2) Subsection (1) above shall not apply to any of the following sales—

(a) a sale for a person who has attained the age of sixteen of spectacles which have two single vision lenses of the same positive spherical power not exceeding 4 dioptres where the sale is wholly for the purpose of correcting, remedying or relieving presbyopia;

(b) a sale of an optical appliance intended for use as protection or cover for the eyes in sports if—

(i) neither lens fitted to the appliance has a positive or negative spherical power exceeding 8 dioptres;

(ii) the appliance is an appliance with a single vision lens or single visions lenses; and

(iii) the appliance falls within any category of appliance specified in an order made by the Privy Council for the purposes of this section; or

(c) a sale of a contact lens for a person who has attained the age of sixteen where the sale satisfies the requirements of subsection (3) below.

(3) Those requirements are that—

(a) the seller has—

(i) the original specification;

(ii) a copy of the original specification which he verifies with the person who provided it; or

(iii) an order from the purchaser, submitted either in writing or electronically, which contains the particulars of the specification of the person who intends to wear the contact lens (“the wearer”), and the seller verifies those particulars with the person who provided the specification;

(b) the seller is reasonably satisfied that the goods ordered are for use by the person named in the specification;

(d) the seller is, or is under the general direction of, a registered medical practitioner, a registered optometrist or a registered dispensing optician; and

(e) the wearer—

(i) is not, so far as the seller knows, registered as sight-impaired or severely sight-impaired in a register kept by a local authority under section 77(1) of the Care Act 2014 or registered as blind or registered as partially sighted in a register compiled by a local authority under section 29(4)(g) of the National Assistance Act 1948 (welfare services); section 18(1) of the Social Services and Well-being (Wales) Act 2014.

(ii) has not been certified as blind or as partially sighted and in consequence registered as blind or partially sighted in a register maintained by or on behalf of a council constituted under the Local Government (Scotland) Act 1994; or

(iii) has not been certified as sight-impaired or severely sight-impaired and in consequence registered as sight-impaired or severely sight-impaired in a register maintained by or on behalf of the Department of Health in Northern Ireland.

(3A) In this section—

(a) “seller”—

(i) includes any person who supplies the optical appliance or, as the case may be, the zero powered contact lens whether or not payment is made to him for the supply; and

(ii) does not include a person who supplies the contact lens as part of the assessment process in the course of fitting the lenses to the individual; and

(b) lenses are to be taken to have the same positive spherical power if the difference between them is within the tolerances relating to the power of such lenses specified from time to time by the British Standard Specification.

(3B) The seller must make arrangements, except in such cases or classes of cases as may be prescribed in rules made by the Council, for the individual for whom the optical appliance or, as the case may be, the zero powered contact lens is supplied to receive aftercare in so far as, and for so long as, may be reasonable in his particular case.

(3C) The Council may by rules specify the arrangements which are to be made or may be made under subsection (3B) above.

(4) Subsection (1) above shall apply to the supply of an optical appliance or zero powered contact lens in the course of the practice or business of an optometrist or dispensing optician, whether by the person carrying on the practice or business or by a person employed by him, if the supply was effected in pursuance of arrangements made—

(a) with a Minister of the Crown or Government department (including a Northern Ireland department); or

(b) with any body on whom functions are conferred by or by virtue of—

(i) the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

(ii) the National Health Service (Scotland) Act 1978 ; or

(iii) the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991,

as it applies to the sale of an optical appliance or zero powered contact lens .

(5) Subsection (1) above shall not apply to the sale of an optical appliance or zero powered contact lens —

(a) to a registered medical practitioner, registered optometrist, registered dispensing optician or business registrant for the purposes of his practice or of his or its business;

(b) to a manufacturer of or dealer in optical appliances or zero powered contact lenses for the purposes of his business;

(c) to any authority or person carrying on a hospital, clinic, nursing home or other institution providing medical or surgical treatment;

(cc) to any authority or person providing a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)), which includes the provision of medical or surgical treatment;

(d) to a Minister of the Crown or Government department (including a Northern Ireland department);

(e) for the purpose of its export; or

(f) in accordance with an order under subsection (6) below.

(6) An order under this subsection is an order made by the Privy Council and specifying—

(a) optical appliances to which it applies; and

(b) conditions subject to which their sale is exempted from the requirements of subsection (1) above.

(7) Any such order relating to optical appliances consisting of or including one or more lenses shall specify, as a condition subject to which the sale of any such appliance is so exempted, the condition that the appliance must be in accordance with a written prescription which—

(a) has been given by a registered medical practitioner or registered optometrist following a testing of sight by him; and

(b) bears a date not more than such time as is specified in the order before the prescription is presented to the proposed seller of the appliance.

(8) An order under subsection (6) above may not specify as appliances to which it applies—

(a) contact lenses; or

(b) any optical appliance for a person under 16 years of age.

(9) On any prosecution for selling an optical appliance or zero powered contact lens in contravention of subsection (1) above it shall be a defence for the defendant to prove—

(a) that he sold the appliance or lens as an antique or secondhand article; and

(b) that he did not know, and had no reason to believe, that the appliance or lens was bought for the purpose of being used for correcting, remedying or relieving a defect of sight.

(10) A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Penalty for pretending to be registered etc.

28

(1) Any individual—

(a) who takes or uses the title of optometrist or the title of optometrist when he is not a registered optometrist; or

(b) who takes or uses the title of dispensing optician when he is not a registered dispensing optician; or

(cc) who holds himself out as being a student registrant when he is not registered in the register of those undertaking training as optometrists or dispensing opticians maintained under section 8A above;

(ccc) who holds himself out as having a specialty or proficiency which qualifies for entry in the appropriate register in accordance with rules made under section 10(1A) above but for whom no entry is extant;

(d) who takes or uses any name, title, addition or description falsely implying that he is registered in any of the registers; or

(e) who otherwise pretends that he is registered in any of the registers,

shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(2) On any prosecution for an offence under subsection (1)(d) or (e) above, the taking or use of the title of optician by a person to whom this subsection applies is to be taken to imply that he is registered in one of the registers, but the implication may be rebutted if the defendant proves that he took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of his taking or, as the case may be, use of it, that he was in fact registered in one of the registers.

(3) Subject to subsection (4) below, subsection (2) above applies to a person who carries on the business—

(a) of selling optical appliances; or

(b) of supplying optical appliances in pursuance of arrangements made as mentioned in section 27(4) above.

(4) Subsection (2) above does not apply to a person who sells or supplies only optical appliances or zero powered contact lenses or both as mentioned in section 27(5)(a) to (e) above.

(5) Any body corporate which—

(a) takes or uses the title of ophthalmic optician, the title of optometrist, the title of dispensing optician or the title of registered optician when it is not registered;

(b) takes or uses any name, title, addition or description falsely implying that it is registered;

shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(6) On any prosecution for an offence under subsection (5)(b) or (c) above, the taking or using of the title of optician by a body corporate to which this subsection applies is to be taken to imply that it is registered, but the implication may be rebutted if the body corporate took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of its taking or, as the case may be, use of it, that it was in fact registered.

(7) Subject to subsection (8) below, subsection (6) above applies to a body corporate which carries on the business—

(a) of selling optical appliances or zero powered contact lenses; or

(b) of supplying optical appliances or zero powered contact lenses in pursuance of arrangements made as mentioned in section 27(4) above.

(8) Subsection (6) above does not apply to a body corporate which sells or supplies optical appliances only as mentioned in section 27(5)(a) to (e) above.

(9) It is immaterial for the purposes of this section whether a title was used alone or in combination with any other words.

Provision as to death or bankruptcy of registered optician.

29

(1) Where a registered optometrist or registered dispensing optician dies at a time when he is carrying on business or is in practice as an optometrist or dispensing optician , then during the three years beginning with his death or such longer period as the Council may in any particular case allow, section 28 above shall not operate to prevent—

(a) his executors or administrators;

(b) his surviving spouse or his surviving civil partner ;

(d) trustees on behalf of his surviving spouse or his surviving civil partner or any of his children,

from taking or using in relation to that business or practice, but in conjunction with the name in which he carried it on, any title which he was entitled to take or use immediately before his death.

(2) Where a registered optometrist or registered dispensing optician becomes bankrupt at a time when he is carrying on business or is in practice as an optometrist or dispensing optician, then, during the three years beginning with the bankruptcy, section 28 above shall not operate to prevent his trustee in bankruptcy from taking or using in relation to that business or practice, but in conjunction with the name in which he carried it on, any title which he was entitled to take or use immediately before the bankruptcy.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a) a person by virtue of subsection (1) or (2) above takes or uses any title in relation to the business or practice—

(i) of a deceased optometrist or dispensing optician; or

(ii) of an optometrist or dispensing optician who has become bankrupt; and

(b) an offence under section 24, 25 or 27 above is committed in the course of that business or practice,

the Fitness to Practise Committee may, if they think fit, direct that subsection (1) or (2) above shall cease to apply in relation to that business or practice.

(4) This Act shall have effect in relation to any case in which it is alleged that there has been a conviction of any such offence and to any direction under subsection (3) above as it has effect in relation to a case in which it is alleged that a registrant’s fitness to practise or as the case may be a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both, is impaired and the making of an order under Part 2A above.

(5) In its application to Scotland subsection (2) above shall have effect as if—

(a) for the reference to a registered optometrist or registered dispensing optician becoming bankrupt there were substituted a reference to the estate of a registered optometrist or registered dispensing optician being sequestrated (cognate expressions being construed accordingly); and

(b) for the reference to a registered optometrist’s or registered dispensing optician's trustee in bankruptcy there were substituted a reference to the permanent trustee on his sequestrated estate.

(6) In its application to Northern Ireland subsection (2) above shall have effect as if for a registered optometrist’s or a registered dispensing optician's trustee in bankruptcy there were substituted a reference to the assignee in bankruptcy.

Offences by bodies corporate.

30

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any responsible officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In subsection (1) above, “responsible officer” means any director, manager, secretary or other similar officer of the body corporate, or of a branch or department of the body corporate, or any person purporting to act in any such capacity.

Legal proceedings

30A

(1) Notwithstanding anything in any enactment, proceedings for an offence under this Part of this Act may be begun at any time within the period of six months beginning with the date on which evidence sufficient in the opinion of the Council to justify a prosecution for the offence comes to the Council’s knowledge, or within a period of two years beginning with the date of the commission of the offence, whichever period first expires.

(2) In this section, “enactment” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) any instrument made under or having effect by virtue of an Act of Parliament, an Act of the Scottish Parliament or any Northern Ireland legislation.

Part V — Miscellaneous And Supplementary

Miscellaneous

Miscellaneous matters with respect to which rules may be made.

31

(1) Subject to subsection (2) below, the Council may make rules prohibiting or regulating—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the carrying on of a practice or business by registered optometrists, registered dispensing opticians and business registrants under names other than those under which they are registered;

(c) the prescription, sale, supply and administration of drugs by registered optometrists, registered dispensing opticians or business registrants, their employees and persons providing services to them in the course of their practice or business of an optometrist or a dispensing optician;

(d) the practice of orthoptics by registered optometrists, registered dispensing opticians, business registrants and their employees;

(e) the prescription, sale, supply and fitting of contact lenses by registered optometrists, registered dispensing opticians, business registrants, their employees and persons providing services to them.

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

(3) The Council may make rules specifying requirements which registered optometrists, registered dispensing opticians and business registrants or employees of or persons providing services to them must meet if they are to prescribe, fit, supply or sell contact lenses.

(4) The power conferred by subsection (3) above is a power—

(a) in relation to registered optometrists, registered dispensing opticians and business registrants or employees of or persons providing services to them, to specify qualifications which they must have; and

(b) in relation to business registrants , to specify conditions which they must satisfy.

(5) The Council shall make and submit to the Privy Council rules providing that where it appears to a registered optometrist or registered dispensing optician that a person consulting him is suffering from an injury or disease of the eye, the registered optometrist or registered dispensing optician shall, except—

(a) in an emergency,

(b) where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above, or

take the prescribed steps to refer that person to a registered medical practitioner for advice and treatment.

(5A) Rules made by virtue of subsection (5)(c) may impose conditions which must be satisfied if the exception for which those rules provide is to apply.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules

31A

Any power to make rules under this Act may be exercised—

(a) so as to make different provision with respect to different cases or different classes of cases or different provisions in respect of the same case or class of case for different purposes of this Act; and in particular different provisions may be made in respect of optometrists and dispensing opticians;

(b) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions; or

(c) so as to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the Council considers necessary or expedient.

Expenses and accounts of the Council.

32

(1) The Council may allocate any money received by them whether by way of fees or otherwise, other than any sum paid under a financial penalty order or recovered under section 23C(7) above, to any person or body—

(a) set up to investigate and resolve consumer complaints into the supply of goods and services by registrants; or

(b) for purposes connected with the profession of optometrist or dispensing optician.

(2) The Council shall keep accounts of all sums received or paid by them and the accounts for each financial year of the Council shall be audited by auditors to be appointed by them and shall as soon as may be after they have been audited be published and laid before Parliament.

(3) A person shall not be appointed auditor under subsection (2) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 .

Annual reports, statistical reports and strategic plans

32A

(1) The Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of their functions which includes a description of the arrangements that the Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the Council have put in place to protect members of the public from registrants whose fitness to practise, to undertake training or to carry on a business is impaired, together with the Council’s observations on the report; and

(2) The Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.

Default powers of Privy Council.

33

(1) If at any time it appears to the Privy Council that the Council have failed, but ought, to discharge a function of theirs to which this section applies, the Privy Council may notify their opinion to the Council and may direct them to discharge such of those functions, and in such manner and within such time or times, as may be specified in the direction.

(2) If the Council fail to comply with any directions of the Privy Council under subsection (1) above, the Privy Council may themselves discharge any function of the Council to which this section applies.

(3) This section applies to all functions of the Council under this Act except—

(a) their functions under sections 1, 5D, 8, 8A, 9, 12, 13 and 32(1) above; and

(b) their powers to make rules under sections 23C, 23D and 23E above.

Subordinate legislation procedure.

34

(1) Rules made by the Council under this Act ... shall not come into force until approved by order of the Privy Council.

(1A) Subsection (1) above shall not apply to rules made under section 10 above in so far as they relate to fees.

(2) The Privy Council may approve rules under section 23C above either in the form submitted to them or subject to such modifications as appear to the Privy Council requisite.

(3) Where the Privy Council propose to approve any such rules ... subject to modifications, they shall notify to the Council the modifications they propose to make and consider any observations of the Council on them.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The powers—

(a) of the Privy Council to make orders under this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be exercisable by statutory instrument.

(6) Subject to subsection (7) below, a statutory instrument containing—

(a) an order of the Privy Council to which this subsection applies; or

(b) regulations made by the Secretary of State under section 25 or 26 above,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) above applies to the following orders of the Privy Council—

(a) an order approving rules under section 4, 5 or 31 above ...; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The power of the Department of Health and Social Services for Northern Ireland to make regulations under section 25 or 26 above shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of the Interpretation Act (Northern Ireland) 1954.

Privy Council quorum and documents.

35

(1) For the purpose of exercising any powers conferred by this Act on the Privy Council ... the quorum of the Privy Council shall be two.

(2) Any document purporting to be—

(a) an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and

(b) signed by the Clerk of the Privy Council or by any other person authorised by the Privy Council in that behalf,

shall be evidence of the fact that the instrument was so made and of the terms of the instrument.

Supplementary

Interpretation.

36

(1) In this Act, unless the context otherwise requires—

“adaptation period” means—in relation to registration in the register of optometrists in reliance on a specified state qualification granted in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered optometrist;in relation to registration in the register of optometrists in reliance on a specified state qualification granted otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered optometrist;in relation to registration in the register of dispensing opticians in reliance on a specified state qualification granted in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a registered optometrist or a registered dispensing optician;in relation to registration in the register of dispensing opticians in reliance on a specified state qualification granted otherwise that in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a registered optometrist or a registered dispensing optician;

“approved training establishment” means an establishment approved by the Council under section 12(7)(a) above;

“approved qualification” means any qualification approved by the Council under section 12(7)(b) above;

“aptitude test” means an assessment with the aim of determining whether a person has the competencies for the time being established under section 12(1)(a) in relation to being granted a qualification as an optometrist or a dispensing optician;

“body corporate” includes a limited liability partnership and, in Scotland, a partnership; and in relation to such partnerships, a reference to a director or other officer of a body corporate is a reference to a member;

“business registrant” means a body corporate registered in the register maintained by the Council under section 9 above;

“the Council” means the General Optical Council;

“dispensing optician” means a person engaged or proposing to engage in the fitting and supply of optical appliances;

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

“financial penalty order” means an order under Part 2A above that a registrant shall pay to the Council a sum specified in the order;

“functions” includes powers and duties;

“health service ophthalmic lists” means the lists of ophthalmic opticians or dispensing opticians undertaking to provide general ophthalmic services or supplementary eye services which on 1st January 1959 were kept by virtue of the following—section 41 of the National Health Service Act 1946 ;section 42 of the National Health Service (Scotland) Act 1947; andsection 21 of the Health Services Act (Northern lreland) 1948;

“Hearings Panel” means the panel of persons appointed under section 5D(1) above;

“individual registrant” means any person whose name is in a register maintained by the Council under section 7 or 8A above;

“medical authority” means a body or combination of bodies included in the list maintained by the General Medical Council under section 4(1) of the Medical Act 1983;

“optometrist” means a person engaged or proposing to engage in the testing of sight (otherwise than as a registered medical practitioner or a person recognised by a medical authority as a medical student), whether or not he is also engaged or proposing to engage in the fitting and supply of optical appliances;

“optical appliance” means an appliance designed to correct, remedy or relieve a defect of sight;

“prescribed” means prescribed by rules under this Act;

“register” means, unless the context otherwise requires, any one of the following registers—the register of optometrists maintained under section 7 above;the register of dispensing opticians maintained under section 7 above;the registers of students maintained under section 8A above; ... the register of bodies corporate under section 9 above,and, except in the expressions “registered medical practitioner”, “registered dispensing optician” and “registered optometrist” , “registered” and “registration” have corresponding meanings;

“registered dispensing optician” means a person whose name is in the register of dispensing opticians maintained under section 7 ...;

“registered optometrist” means a person whose name is in the register of optometrists maintained under section 7 ...;

“registrant”, except in the expressions “individual registrant”, “business registrant” and “student registrant”, means a person whose name is in the appropriate register;

“relevant European State” means an EEA State or Switzerland;

“specified state professional” means a person who holds a specified state qualification;

“specified state qualification” means a qualification as an optometrist or as a dispensing optician granted in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

“student registrant” means a person whose name is in one of the registers maintained by the Council under section 8A above;

(2) References in this Act to testing sight are references to testing sight with the object of determining whether there is any and, if so, what defect of sight and of correcting, remedying or relieving any such defect of an anatomical or physiological nature by means of an optical appliance prescribed on the basis of the determination.

(3) References in this Act to the over-arching objective are to the over-arching objective of the Council under section 1(2A) (read with section 1(2B)).

Consequential amendments and repeals.

37

(1) In the definition of “ophthalmic optician” in section 128(1) of the National Health Service Act 1977 and section 108(1) of the National Health Service (Scotland) Act 1978—

(a) for “section 2 of the Opticians Act 1958” there shall be substituted “section 7 of the Opticians Act 1989”; and

(b) for “section 4” there shall be substituted “section 9”.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.

(5) Paragraphs 3 to 5 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 1986 are revoked.

Commencement.

38

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

Short title and extent.

39

(1) This Act may be cited as the Opticians Act 1989.

(2) This Act extends to Northern Ireland.

SCHEDULE 1

Membership etc.

Membership: general

1A

(1) The Council shall consist of—

(a) registrant members, that is members who are registered optometrists or registered dispensing opticians; and

(b) lay members, that is members who—

(i) are not and never have been registered in a register, or a director of a body corporate registered in a register, maintained by the Council, and

(ii) do not hold qualifications which would entitle them to apply for registration in one of the registers maintained under section 7 ....

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters for the order of the Privy Council under section 1(4)

1B

(1) An order under section 1(4) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under section 1(4) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under section 1(4) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council;

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

(f) enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as chairman of the Council on the day before the first order under section 1(4) comes into force.

(4) An order under section 1(4) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Registration of members’ private interests

1C

(1) The Council must establish and maintain a system for the declaration and registration of private interests of their members.

(2) The Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

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3

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4

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5

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6

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7

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8

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9

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The registrar

10

The registrar shall be appointed by the Council and shall hold and vacate office in accordance with the terms of his appointment.

Powers of Council

11

(1) Subject to the following provisions of this Schedule, the Council shall have power to do anything which in their opinion is calculated to facilitate the proper discharge of their functions.

(2) The Council shall, in particular, have power—

(a) to appoint, in addition to a registrar, such officers and servants as the Council may determine;

(b) to pay to the members of the Council or of the Council’s committees such fees for attendance at meetings of the Council or committees and such travelling and subsistence allowances while attending such meetings or while on any other business of the Council as the Council may ... determine;

(d) as regards any officers or servants in whose case they may determine to do so, to pay to or in respect of them such pensions and gratuities, or provide and maintain for them such superannuation schemes (whether contributory or not), as the Council may determine.

(3) The powers of ... any of the Council’s committees may be exercised notwithstanding any vacancy and no proceedings of ...a committee shall be invalidated by any defect in the nomination or election of a member.

(4) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(4).

11A

(1) In exercising their functions, the Council shall—

(a) have proper regard for—

(i) the interests of persons using or needing the services of registered optometrists, registered dispensing opticians or business registrants in the United Kingdom, and

(ii) any differing interests of different categories of registrants;

(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i) the employment (whether or not under a contract of service) of registered optometrists or registered dispensing opticians,

(ii) the education or training of individual registrants or other health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, and

(v) the provision, supervision or management of health services.

(2) In carrying out its duty to co-operate under sub-paragraph (1)(b), the Council shall have regard to any differing considerations relating to practising as a registered optometrist or a registered dispensing optician, or carrying on a business as a business registrant, which apply in England, Scotland, Wales or Northern Ireland.

(3) In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the Council.

12

Subject to any provision made by or under this Act, The Council may make standing orders for regulating the proceedings ... of the Council and the proceedings of any of its committees except the Investigation Committee, the Registration Appeals Committee and the Fitness to Practise Committee .

12A

Rules under section 2(2), 3(2), 4(3), 5(2), 5A(3), 5B(2) and 5C(3) above may make provision as to quorum.

12B

Rules under sections 2 to 5D may make provision for a body (including a committee of the Council which is not one of the committees to which any of those sections relate) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of any of the committees or the panel to which those sections relate, including any function relating to tenure of office or suspension or removal from office.

Power of Privy Council to alter membership of Council etc.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1A

Interpretation

1

In this Schedule—

“appealable registration decision” is to be construed in accordance with paragraph 2 below;

“person concerned” means a person in respect of whom an appealable registration decision is made or, as the case may be, an applicant in respect of whom paragraph 3(2) below applies;

“person making the decision” means the registrar or, as the case may be, the Council;

“the requisite period” means the period of three months beginning with the date there is in the possession of the registrar or, as the case may be, the Council, sufficient information to make a decision of a kind specified in paragraphs (a) to (h) of paragraph 2(1) below;

“relevant court” mean the county court or, in Scotland, the sheriff; and

“the sheriff” means the sheriff in whose sheriffdom is situated the address of the person concerned.

Appealable registration decisions

2

(1) The following are appealable registration decisions for the purposes of this Schedule—

(a) a decision by the Council on an application made under section 8 above not to register the applicant in the appropriate register;

(aa) a decision by the Council under Part 3 of the General Systems Regulations on an application made under section 8 above to require an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue in the United Kingdom the profession of optometrist or dispensing optician;

(b) a decision by the Council on an application made under section 8A above not to register the applicant in the appropriate register;

(c) a decision of the Council under rules made in accordance with section 8A(5) above to remove a registrant from the register maintained under section 8A above;

(ca) a decision by the Council not to register an individual in the register of visiting optometrists from relevant European States or the register of visiting dispensing opticians from relevant European States maintained under section 8B above;

(d) a decision by the Council on an application made by a body corporate under section 9 above not to register that body in the register of bodies corporate;

(e) a decision of the registrar under rules made in accordance with section 10(1A) above—

(i) refusing an application for an entry or refusing to retain an entry in the appropriate register; or

(ii) removing or restoring a person’s entry in the appropriate register;

(f) a decision of the registrar under rules made in accordance with section 10(1)(b), (f) or (ff) above to remove a person’s name from the appropriate register or to refuse to retain his name in, or restore his name to, it;

(g) a decision of the registrar removing the registrant’s name from, or refusing to retain the registrant’s name in, the appropriate register in accordance with section 11B(1)(a) above, or removing or refusing to retain the registrant’s entry relating to a specialty or proficiency in the appropriate register in accordance with section 11B(2)(a) above; and

(h) a decision of the registrar under section 11B above not to restore a person’s name to, or to make an entry relating to a specialty or proficiency in, the appropriate register.

(2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse to enter or retain a person’s name in the appropriate register merely because that the person failed to—

(a) pay the prescribed fee for registration or inclusion of an entry relating to a specialty or proficiency; or

(b) make an application as required under this Act or any rules made under it.

Notice of appealable registration decisions

3

(1) Where an appealable registration decision is made, the person making the decision shall serve on the person concerned notice of—

(a) the decision;

(b) the reasons for the decision; and

(2) Failure to serve on an applicant notification of a decision in respect of an application for registration, retention or restoration (including registration or restoration of an entry relating to a specialty or proficiency) under any provision mentioned in paragraph 2(1) above within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

Appeals from an appealable registration decision

4

(1) A person in respect of whom an appealable registration decision has been made may appeal against that decision to the Registration Appeals Committee.

(2) An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the registrar.

(3) Except where sub-paragraph (4) applies, any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above, but an extension of time may be granted under paragraph 5 below.

(4) In the case of an appeal by virtue of paragraph 3(2) above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5) Where a decision to erase or remove the name of the registrant from the appropriate register or to remove from the appropriate register particulars entered in accordance with rules made under section 10(1A) above is an appealable registration decision, the decision shall not be carried into effect—

(a) until the time for bringing an appeal has expired without an appeal being brought; or

(b) where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

(6) The Registration Appeals Committee considering the appeal may make such inquiries as they consider appropriate.

(7) In disposing of an appeal under this paragraph, a Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the person making the decision; or

(d) remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Committee.

(8) Any sum required to be paid under an award in respect of costs or expenses shall be recoverable as if it had been adjudged to be paid by order of a relevant court.

(9) The Registration Appeals Committee shall, as soon as reasonably practicable—

(a) give the person concerned, and the person making the decision, notice of the Committee’s determination on the appeal before them and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (7)(b) above, give the person concerned notice of his right of appeal under section 23G of this Act.

Extension of time for appealing

5

Where—

(a) any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b) the registrar is satisfied, on the application of the person concerned, that that person did not receive the notice within the period of fourteen days beginning with the day the person making the decision gave the decision to which the notice relates,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3) above.

SCHEDULE 2

Editorial notes

[^c8063421]: Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)

[^c8063441]: 1969 c.24. (N.I.)

[^c8063451]: S.10: power exercised by S.I. 1991/79 and for previous exercises of this power see Index to Government Orders

[^c8063671]: S. 27: power conferred by s. 27 not yet exercised.

[^c8063701]: 1978 c.29.

[^c8063711]: S.I.1972/1265 (N.I.14).

[^c8063721]: Words in section 27(4)(b)(iii) inserted (N.I.) (15. 4. 1991) by S.I. 1991/194, art. 34, Sch. 5 Pt. II; S.R. 1991/131, para. 2(b), Sch. Pt. I

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