Opticians Act 1989
There shall continue to be a body corporate known as the General Optical Council (in this Act referred to as “the Council”).
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.
There shall continue to be a registrar of the Council.
The over-arching objective of the Council in exercising their functions is the protection of the public.
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 pursuit by the Council of their over-arching objective involves the pursuit of the following objectives—
to protect, promote and maintain the health, safety and well-being of the public;
to promote and maintain public confidence in the professions regulated under this Act;
to promote and maintain proper professional standards and conduct for members of those professions; and
to promote and maintain proper standards and conduct for business registrants.
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.
The Education Committee shall continue to be constituted in accordance with rules made by the Council ...
one person appearing to the Council to represent persons training student ophthalmic opticians;
one person appearing to the Council to represent persons training student dispensing opticians; and
one person nominated by the Secretary of State,
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.
The Companies Committee shall continue to be constituted as provided by rules made under this subsection by the Council.
at least one person appearing to the Council to represent the interests of bodies corporate carrying on business as ophthalmic opticians; and
at least one person appearing to them to represent the interests of bodies corporate carrying on business as dispensing opticians,
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.
There shall be a committee of the Council known as the Investigation Committee for the purpose of investigating any allegation that—
a registered optometrist’s or a registered dispensing optician’s fitness to practise is impaired;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both is impaired; or
a student registrant’s fitness to undertake training as an optometrist or a dispensing optician is impaired.
The Investigation Committee may refer any allegation before it to the Fitness to Practise Committee for consideration.
The Investigation Committee shall be constituted as provided by rules made under this subsection by the Council.
The Council shall make rules as to the constitution of the Investigating Committee, and any such rules shall include provision requiring the Investigating Committee, on the occasion of a disciplinary case involving an allegation against a body corporate or against a director or employee of a body corporate, to co-opt as a member of the Committee for that occasion a person selected by them from whichever of the following panels is appropriate— being, in either case, persons appointed after consultation with organisations appearing to the Council to represent the interests of a substantial number of the bodies concerned.
a panel of persons appointed by the Council as capable of representing the interests of bodies corporate carrying on business as ophthalmic opticians; and
a panel of persons appointed by the Council as capable of representing the interests of bodies corporate carrying on business as dispensing opticians,
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.
of disciplinary cases referred to them under section 4 above; and
of any other cases of which they have cognizance under the following provisions of this Act.
The Registration Committee shall be constituted as provided by rules made under this subsection by the Council.
as to the constitution of the Disciplinary Committee;
as to the times and places of the meetings of the Committee; and
as to the Committee’s quorum; and the mode of summoning members of the Committee.
Rules under this section shall secure that a person, other than the Chairman of the Council, who has acted in relation to any disciplinary case as a member of the Investigating Committee does not act in relation to that case as a member of the Disciplinary Committee.
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—
the power to make rules under this Act;
any functions expressly conferred by this Act on some other committee; and
subject to any express provision for delegation in the rules, any functions expressly conferred on the Council by rules under this Act.
The number of members of a committee set up under this section and their term of office shall be fixed by the Council.
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.
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.
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.
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.
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.
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.
All the members of the Registration Appeals Committee shall be members of the Hearings Panel.
Subject to subsection (2) above, the Registration Appeals Committee shall be constituted as provided by rules made under this subsection by the Council.
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.
In exercising a function under section 13K, the Registration Appeals Committee must have regard to the over-arching objective.
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.
The Standards Committee shall be constituted as provided by rules made under this subsection by the Council.
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—
the fitness of registered optometrists and registered dispensing opticians to practise;
the fitness of business registrants to carry on business as an optometrist or a dispensing optician or both; and
the fitness of student registrants to undertake training as an optometrist or a dispensing optician.
All the members of the Fitness to Practise Committee shall be members of the Hearings Panel.
Subject to subsection (2) above, the Fitness to Practise Committee shall be constituted as provided by rules made under this subsection by the Council.
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.
In exercising a function under section 13F or 13H, the Fitness to Practise Committee must have regard to the over-arching objective.
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.
No person shall be appointed to the Hearings Panel—
if he is a member of the Council; and
unless he satisfies such requirements as may be prescribed by rules made by the Council.
The Council shall pay members of the Hearings Panel such fees, allowances and expenses as the Council may determine.
The Council shall arrange such training for members of the Hearings Panel as the Council consider appropriate.
The Council may by rules make provision in respect of the Hearings Panel and may, in particular, make provision—
as to the number of persons to be appointed to the Hearings Panel;
for the removal or resignation from the Hearings Panel of any person appointed to it;
for the term of appointment of any person appointed to the Hearings Panel; and
for the publication of a list of members of the Hearings Panel.
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—
the power to make rules; and
any functions expressly conferred by this Act on some other committee.
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.
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.
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.
The Council shall continue to maintain— 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.
a register of optometrists; and
a register of dispensing opticians,
A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—
holds a qualification—
as an optometrist or a dispensing optician;
which, at the time it was granted, was approved by the Council under section 12(7)(b) below; and
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;
has had adequate practical experience in the work of an optometrist or a dispensing optician; and
is a fit person to practise as an optometrist or a dispensing optician.
Subject to subsection (2A), a person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—
holds a qualification as an optometrist or as a dispensing optician granted outside the United Kingdom;
has had adequate practical experience in the work of an optometrist or a dispensing optician; and
is a fit person to practise as an optometrist or a dispensing optician.
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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.
Any person who on an application made not later than lst June 1961 satisfied the Council— shall be entitled to be registered in the appropriate register.
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
that he had had adequate practical experience in the work of an optometrist or dispensing optician; and
that he was of good character,
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— as they consider appropriate.
obtain such qualification, approved in accordance with section 12(7)(b) below; or
pass such test, approved in accordance with section 12(7)(c) below,
Any person who on an application made after lst June 1961 but before this Act came into force satisfied the Council— shall be entitled to be registered in the appropriate register.
that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and
that he had had adequate practical experience in the work of an optometrist or dispensing optician; and
that he was of good character,
A determination under subsection (2A) may not be made in relation to a person whose qualification—
was granted in a relevant European State, and
indicates, in the opinion of the Council, a level of attainment of competency comparable to that indicated by an approved UK qualification.
Any person who on an application made after this Act comes into force satisfies the Council— shall be entitled to be registered in the appropriate register.
that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and
that he has had adequate practical experience in the work of an optometrist or dispensing optician; and
that he is a fit person to practise as an optometrist or a dispensing optician,
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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.
Subsections (2E) to (2H) apply instead of subsections (2) to (2B) in the case of a person whose qualification is a specified state qualification.
A person may have his name in both the register of dispensing opticians and the register of those undertaking training as optometrists.
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—
the person holds a qualification as an optometrist or as a dispensing optician which is a specified state qualification;
the person has had adequate practical experience in the work of an optometrist or dispensing optician; and
the person is a fit person to practise as an optometrist or dispensing optician.
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.
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.
For the purpose of this section and section 8ZA—
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;
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;
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.
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.
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.
Except as provided in subsection (8) above, a person may not have his name in more than one register.
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In this section “approved UK qualification” means a qualification that is—
approved under section 12(7)(b), and
granted by an establishment in the United Kingdom that is approved under section 12(7)(a).
The Council shall maintain a register of bodies corporate carrying on business as an optometrist or a dispensing optician or both, containing the names, principal places of business and such other particulars, as may be prescribed by the Council, of the bodies which are entitled under the following provisions of this Act to be registered in it and apply in the prescribed manner to be registered or to have their registration retained in the register.
a list of bodies corporate carrying on business as ophthalmic opticians; and
a list of bodies corporate carrying on business as dispensing opticians,
Subject to subsection (3) below, a body corporate shall be entitled to be registered in the register if it satisfies the Council that it is fit to carry on business as an optometrist or a dispensing optician or to carry on both businesses and—
if it satisfies the Council that a majority of its directors are registered optometrists or registered dispensing opticians or, in the case of a body corporate having only one director, that he is a registered optometrist or registered dispensing optician ;
if on 20th November 1957 its name or a name under which it carried on business was included in one of the health service ophthalmic lists or if it subsequently came into existence on the reconstruction of a body corporate entitled to be registered by virtue of this paragraph;
if it satisfies the Council—
that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances; and
that so much of its business as consists of the testing of sight is carried on under the management of a registered optometrist ; and
that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optometrist or registered dispensing optician ; or
if—
it is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered under the Industrial and Provident Societies Act (Northern lreland) 1969; and
it satisfies the Council that so much of its business as consists of the testing of sight, or of the fitting and supply of optical applicances, as the case may be, is carried on under such management as is mentioned in paragraph (c)(ii) and (iii) above.
A body corporate shall not be entitled to be registered by virtue of subsection (2)(b) above if its name, or the name of any body on whose reconstruction it came into existence, or a name under which it or any such body carried on business has at any time—
been removed from one of the health service ophthalmic lists by direction of a health service tribunal; or
been the subject of an order for erasure from the register maintained under subsection (1) above.
This section applies where a person who holds a specified state qualification applies to have the person’s name in the appropriate register under section 8 and the Council determine that one or both of Conditions 1 and 2 are met in relation to the person’s qualification.
This section does not apply if the Council determine that Condition 3 is met in relation to the person’s specified state qualification.
Where this section applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person before the person is entitled to have the person’s name in the appropriate register.
An aptitude test or adaptation period specified under this section, or an aptitude test and adaptation period together specified under this section, must be proportionate to the difference sought to be addressed.
The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.
If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.
The Council may make rules with respect to the form and keeping of the registers ... and the making of entries and alterations in them and, in particular—
regulating the making of applications for registration ... or for transfer from one register ... to another, and providing for the evidence to be produced in support of any such application;
providing for—
the notification to the Council of any change in the information provided by the registrant to the Council in accordance with rules made under paragraph (c)(ii) below; and
the removal from the appropriate register of the name of the registrant if he fails to notify the Council of any such change;
... prescribing — for the entry or retention of a name in, or the restoration of a name to, a register;
a fee to be charged;
information to be provided to the Council; and
the time within which the fee is to be paid and the information provided,
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providing for the entry in the register of qualifications (whether or not approved under section 12(7)(b) below ) possessed by persons whose names are registered in it and for the removal of such qualifications from the register, and prescribing a fee to be charged in respect of the entry;
authorising the registrar to refuse to enter or retain a name in, or restore a name to, the appropriate register until the fee prescribed under paragraph (c)(i) has been paid, and the information prescribed under paragraph (c)(ii) and the evidence required by section 10A(3) has been provided, to the Council;
to refuse to enter a name in, or restore it to, the register or list until a fee prescribed for the entry or restoration has been paid; and
to erase from the register or list the name of a person who or body corporate which, after the prescribed notices and warnings, fails to pay the fee prescribed in respect of the retention of that name in the register or list;
prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the registers ....
authorising the registrar to remove a person’s name from the appropriate register if he ceases to satisfy the requirements for registration specified in section 8, 8A or 9 above, or ceases to satisfy the requirement to be insured under section 10A(1) below, or fails to pay any fee due or provide any information he is required to provide;
On registering the death of a registrant a registrar shall send forthwith by post to the registrar of the Council a copy certified under his hand of the entry relating to the death in the register of deaths; and the cost of the certificate and of sending it by post shall be payable by the registrar of the Council to the registrar of births and deaths from whom it is received.
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If rules under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration in reliance on a specified state qualification, the fee must be—
reasonable and proportionate to the cost of dealing with such a person’s application;
transparent, and made public in advance; and
payable by electronic means through the Council’s own website.
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Where a person applies for registration under section 8 in reliance on a specified state qualification, the Council must—
within the period of one month beginning with the date of receipt of the application—
acknowledge receipt of the application; and
inform the applicant of any missing document required for the purposes of the application;
give the applicant adequate time to complete the requirements and procedures of the application process;
ensure that the documentary and other evidence which is to accompany applications for registration is no more than is necessary to demonstrate to the Council that the applicant satisfies each of the requirements imposed by or under section 8;
accept copies of documents in place of original documents (subject to such provision about verifying copies as is made by rules under subsection (1)) unless the Council require original documents to protect the integrity of the application process;
deal promptly with the application; and
as soon as reasonably practicable and in any event within four months beginning with the relevant date, notify the applicant in writing of the result of the application.
In subsection (1ZC)(f), “the relevant date”, in relation to an application, is—
the date on which the Council receive the application; or
if any document required for the purposes of the application is missing when the Council receive the application, the date on which the Council first have all the documents required for those purposes.
If the Council make a request for further evidence, information or documents from the applicant, the period beginning with the date on which the Council make that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1ZC)(f) has expired.
The Council may make rules—
specifying specialties or levels of proficiency which a registered optometrist or registered dispensing optician may be permitted to register;
enabling the registrar to enter in the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies where such requirements as may be prescribed for inclusion of such an entry have been met;
enabling the registrar to remove from the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies in such circumstances as may be prescribed;
applying with or without modification rules made under subsection (1) above to specialties and proficiencies;
specifying the activities or work which may be performed by registered optometrists or registered dispensing opticians whose registration in the appropriate register includes particulars registered in accordance with rules made under paragraph (b) above; and
providing that the performing of such activities or work by a registered optometrist or registered dispensing optician whose registration in the appropriate register does not include such particulars shall be treated as adversely affecting a registered optometrist’s or registered dispensing optician’s fitness to practise.
The Council may make rules providing for—
the communication of documents in electronic form to the Council; and
the electronic storage of documents communicated to the Council whether or not in electronic form.
The Council shall maintain a register of persons undertaking training as optometrists and a register of persons undertaking training as dispensing opticians.
A person who is undertaking training provided by an approved training establishment or obtaining practical experience in the work of an optometrist or a dispensing optician shall have his name in the appropriate register.
A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he is fit to undertake training as an optometrist or a dispensing optician, and either—
he is undertaking, or will be undertaking, training provided by an approved training establishment; or
he is obtaining, or will be obtaining, practical experience in the work of—
an optometrist under the supervision of a registered medical practitioner or a registered optometrist; or
a dispensing optician under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician.
Each register shall contain the names and addresses of the persons who are registered under this section, together with such other particulars as the Council may prescribe in rules.
The Council may make rules as to the circumstances in which a person’s name may be removed from a register maintained under this section.
The Council shall publish from time to time information from each register in such form (including electronic form) as they consider appropriate.
The information published by the Council shall include—
a list of all persons or bodies whose names are in the registers on a date specified by the Council at the time of publication;
the number assigned to the person or body on the appropriate register; and
such other particulars (if any) as the Council may direct in relation to registrants or a particular class of registrants.
A copy of the appropriate register purporting to be published by the Council shall be evidence (and in Scotland sufficient evidence) in all proceedings that the persons or bodies whose names are in the appropriate register are registrants, and the absence of the name of any person or body from such a copy of the appropriate register shall be evidence, until the contrary is shown, that that person or body is not a registrant.
The registrar may issue a certificate that—
a person’s or body’s name is in the appropriate register;
a person’s or body’s name is not in the appropriate register;
a person’s or body’s name was in the appropriate register at a specified date or during a specified period;
a person’s or body’s name was not in the appropriate register at a specified date or during a specified period; or
a person’s or body’s name has never been in the appropriate register.
A certificate issued under subsection (4) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.
Subsections (3) and (4) above shall apply to entries made in accordance with rules made under section 10(1A) above as they apply to registration in the appropriate register.
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A registered optometrist or registered dispensing optician who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
For the purposes of this section, an “indemnity arrangement” may comprise—
a policy of insurance;
an arrangement made for the purposes of indemnifying a person;
a combination of the two.
For the purposes of this section, “appropriate cover”, in relation to practice as a registered optometrist or registered dispensing optician, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
The Council may make rules in connection with the information provided to the registrar—
by or in respect of a person seeking registration in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is entered in the appropriate register, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
by or in respect of a person seeking restoration of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is restored in the appropriate register, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and
by or in respect of a registered optometrist or registered dispensing optician seeking retention of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is retained in the appropriate register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover.
Rules made under subsection (4)(c) may require the information mentioned there to be provided—
at the request of the registrar; or
on such dates or at such intervals as the registrar may determine, either generally or in relation to individual registrants or registrants of a particular description.
The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there is in force in relation to him, appropriate cover provided under an indemnity arrangement provided by an employer.
Where a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may—
refuse to register his name in the appropriate register;
refuse to restore his name to the appropriate register; or
remove his name from the appropriate register.
Where a registered optometrist or registered dispensing optician is in breach of subsection (1) or fails to comply with rules made under this section—
the registrar may remove that person’s name from the appropriate register; or
the breach or failure may be treated as misconduct for the purposes of section 13D(2)(a), and the registrar may refer the matter to the Investigation Committee under section 13D(5).
Where a person’s name has been removed from the appropriate register under subsection (8)(c) or (9)(a), that name shall be restored to the appropriate register on that person’s application, if the registrar is satisfied that the person meets the requirements of—
section 8(1) or (2);
this section; and
any rules made under section 7, 11A or 11B(6) which apply to that person’s case.
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The Council shall from time to time establish—
the competencies which a person must be able to demonstrate in order to be granted a qualification as an optometrist or a dispensing optician; and
the content and the standard of education and training (including practical experience) required for the purpose of achieving those competencies.
The Council must consult and seek advice from—
the Standards Committee before establishing the competencies specified in subsection (1)(a) above;
the Education Committee before establishing the requirements specified in subsection (1)(b) above.
The competencies and requirements established under subsection (1) above shall be published by the Council from time to time in such form as appears to the Council to be appropriate.
The Standards Committee and the Education Committee—
must respectively keep under review the competencies and requirements established under subsection (1) above; and
must each advise the Council if they consider changes to be necessary.
The Council must take into account any advice received from the Standards Committee and the Education Committee under subsection (4) above and must, if the Council consider it appropriate to do so, establish and publish revised competencies or requirements.
The Council must ensure that those establishments approved by the Council under subsection (7)(a) below who are engaged in the education, training or assessment of optometrists or dispensing opticians are notified of—
the competencies and requirements established under subsections (1) and (5) above; and
the requirements for the approval of any form of assessment under subsection (7)(b) below.
The Council may approve—
establishments where the instruction given to persons receiving education or training as optometrists or as dispensing opticians appears to the Council to be such as to provide them with adequate knowledge and skills to achieve the competencies for the practice of their profession;
a qualification as an optometrist or a dispensing optician granted to candidates following success in an examination or other form of assessment which in the Council’s opinion indicates that the candidate has attained all the competencies for the time being established under subsections (1)(a) and (5) above; and
any test of a candidate’s competency in, or knowledge of, the English language carried out by an educational establishment on candidates seeking entry to courses for optometrists or dispensing opticians offered by that establishment.
If— the Council may, before determining whether to give their approval, commission others to advise and report on the suitability of the establishment or qualification.
an establishment referred to in subsection (7)(a) above is outside the United Kingdom; or
a qualification referred to in subsection (7)(b) above is granted by an establishment which is outside the United Kingdom,
The Council may also approve— needed to achieve the competencies referred to in subsection (1)(a) above.
establishments which provide only some of the education or training; or
qualifications which meet only some of the requirements,
The Council must from time to time publish, in such form (including electronic form) as they consider appropriate, a list of establishments and qualifications approved by them, indicating the purposes for which the approval was granted.
Subsections (1) to (10) above shall apply in relation to specialties and proficiencies specified under section 10(1A) above as they apply in relation to qualifications as an optometrist or a dispensing optician.
The Council may by rules make a scheme providing for the continuing education and training of—
registered optometrists and registered dispensing opticians; and
others who have been but who are not so registered and who seek registration, whether by way of restoration or otherwise.
Such a scheme may in particular—
impose requirements on persons to whom the scheme applies for continuing education and training;
provide for a person appointed by the Council (“the administrator”) to administer the scheme;
specify, or provide for the administrator to specify, the steps which persons to whom the scheme applies are expected to take to ensure they meet requirements imposed under the scheme for continuing education and training;
specify the procedures which persons to whom the scheme applies must follow in order to satisfy the Council that the requirements imposed upon them under the scheme have been met;
provide for the Council to impose additional education and training requirements on those persons against whose name in the appropriate register an entry is made in accordance with rules made under section 10(1A) above; and
include provision for education and training undertaken before the scheme comes into force, or undertaken outside the United Kingdom, to count towards the satisfaction of any requirement imposed in accordance with the preceding provisions of this subsection.
The rules may require the administrator to secure the provision of education and training—
sufficient in quantity to meet the reasonable needs of persons to whom the scheme applies; and
of a quality adequate to meet those needs.
The rules may—
require persons (“providers”) who seek to provide education and training for persons to whom the scheme applies to apply to the administrator for approval;
require the approval of the administrator for any curriculum established for the purpose of meeting the educational and training requirements of persons to whom the scheme applies, and for any lessons or activities provided for such persons;
provide for the charging of fees by the administrator for approval by him;
set the level of fees required to be paid for approval by the administrator and to provide for the collection of fees due;
require the keeping of records by providers and specify the period for which those records must be kept;
require records kept by providers to be produced for inspection at such time and such place as may be specified in accordance with the rules;
specify the procedures which must be followed by providers seeking approval under the rules; and
enable the Council to exercise in specified circumstances any of the administrator’s functions.
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It shall be the duty of the Council to keep themselves informed of the nature of the instruction given by any approved training establishment to persons training as optometrists or dispensing opticians and of the assessments on the results of which approved qualifications are granted.
For the purposes of their duty under subsection (1) above the Council may appoint persons to visit approved training establishments and to attend at the assessments held by the bodies which grant approved qualifications.
No visitor shall interfere with the giving of any instruction or the holding of any assessment .
It shall be the duty of visitors to report to the Council—
as to the sufficiency of the instruction given by the establishments visited by them, or of the assessments attended by them; and
as to any other matters relating to such establishments or assessments which may be specified by the Council either generally or in any particular case.
Where it appears to the Council (as a result of a report under subsection (4) above or otherwise)— the Council shall give notice in writing to the establishment or body of their opinion, sending with the notice a copy of any report on which their opinion is based.
that— are not such as to secure the possession by them of adequate knowledge and skill for the practice of their profession; and
the instruction given by any approved training establishment to persons training as optometrists or dispensing opticians ; or
the assessment undertaken by such persons,
that for that reason the approval of the establishment or qualification in question should be withdrawn,
On the receipt of the notice the establishment or body may, within such period (not being less than one month) as the Council may have specified in the notice, make to the Council observations on the notice and any report sent with it or objections to the notice and report.
Where rules are made under section 23A(2) above, a notice under subsection (5) above or subsection (8) below may be given by means of an electronic communication.
As soon as may be after the expiration of the period specified under subsection (6) above the Council shall determine whether or not to withdraw their approval of the establishment or qualification, taking into account any observations or objections duly made under that subsection.
The Council shall give notice in writing of any decision under this section to withdraw approval of an establishment or qualification to the establishment or body concerned and the decision shall not take effect until the expiration of one month from the date of the giving of the notice or, if during that time that establishment or body makes representations with respect to the decision to the Privy Council, until the representations are finally dealt with.
Where an establishment has been approved as suitable for more than one purpose, the Council, instead of entirely withdrawing approval of the establishment , may withdraw approval in relation to one or some of the purposes only and references in this section to the withdrawal of approval shall be construed accordingly.
Where the Council have decided to withdraw approval of an establishment or a qualification (whether entirely or to a limited extent), the Privy Council, on representations being made to them within one month from the giving of notice of the decision may, if they think fit, after considering the representations and after communicating with the Council, order the Council to annul the withdrawal of approval or, in the case of an establishment approved as suitable for more than one purpose, to withdraw approval in relation to one or some of the purposes only.
The Council may pay to visitors appointed under this section such fees and such travelling and subsistence allowances, to be paid as part of the expenses of the Council, as the Council may ... determine.
If it appears to the registrar that a person has failed to satisfy requirements for continuing education and training imposed upon him under a scheme made by virtue of section 11A above, the registrar may—
remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s name; or
refuse to restore the person’s name to the appropriate register.
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If it appears to the registrar that a person has failed to satisfy requirements for additional education and training imposed upon him under a scheme by virtue of section 11A(2)(e) above, the registrar may—
remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s entry relating to a specialty or proficiency; or
refuse to restore the registrant’s entry relating to a specialty or proficiency in the appropriate register.
The registrar must serve on any person whose name or entry he removes from, or whose name he refuses to retain in or restore to, the appropriate register under this section, notice of his decision and the reasons for it.
If the registrar exercises his powers under subsection (1) above, and the person whose name is removed from, or not retained in, or restored to, the appropriate register— the registrar must restore his registration.
subsequently satisfies the registrar that he has met the requirements provided for under the scheme as to continuing education and training; and
meets the other requirements for registration,
If the registrar exercises his powers under subsection (2) above, and the registrant whose entry relating to a specialty or proficiency is removed from, not retained in, or restored to, the appropriate register— the registrar must make the entry.
subsequently satisfies the registrar that he has now met the requirements for additional education and training; and
meets the other requirements for an entry relating to a specialty or proficiency set out in rules made in accordance with section 10(1A) above,
The Council may make rules as to the procedures to be followed before the registrar—
may refuse under this section—
to retain in the register the name of a person; or
to retain in the register an entry relating to a specialty or proficiency; or
may make a decision whether or not to restore a person’s name to the appropriate register or to restore an entry relating to a proficiency or specialty in accordance with this section.
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“registered optometrist” means a person whose name is in the register of optometrists maintained under section 7 ...;
the Fitness to Practise Committee, if satisfied that to do so is— may order that the registration of the registrant be made conditional forthwith or, in the case of an entry relating to a specialty or proficiency, that the entry in the register relating to the specialty or proficiency be made conditional forthwith, in accordance with this section.
necessary for the protection of members of the public;
otherwise in the public interest; or
in the best interests of the individual or body corporate,
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.
“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;
in relation to an enrolled body corporate, an order that its enrolment in the list in which it is enrolled shall be suspended for a period specified in the order; and
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.
in relation to an enrolled body corporate, an order that its name shall be erased from the list in which it is enrolled;
the register of bodies corporate under section 9 above,
a direction for erasure or a direction for suspension under section 13F(2) above; or
a direction for removal from the appropriate register of an entry relating to a specialty or proficiency under section 13F(4)(a) or (b) above,
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The period specified in a suspension order shall not exceed twelve months.
While the registration of a person in the register is suspended by virtue of a suspension order, he shall be treated as not being registered, notwithstanding that his name still appears in the register.
While the enrolment of a body corporate is suspended by virtue of a suspension order, it shall be treated as not being enrolled, notwithstanding that its name still appears in the list.
Where a suspension order is made against a person or body corporate, the registrar shall make in the register or list a note of that fact and of the period for which the registration or enrolment is to be suspended; and the registrar shall erase the note at such time as the order for any reason ceases to have effect.
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A penalty order may specify any sum not exceeding the maximum penalty.
In this section “the maximum penalty” means £1,000 or such sum as is for the time being substituted in this definition by an order in force under subsection (3) below.
If it appears to the Privy Council that there has been a change in the value of money since the last occasion when the maximum penalty was fixed, whether by the coming into force of the original penalty provision or by order under this section, the Privy Council may by order substitute for the sum specified in subsection (2) above such other sum as appears to them justified by the change.
An order under subsection (3) above shall not affect the punishment for an offence committed before the order comes into force.
A penalty order shall specify a period within which the sum specified in it is to be paid.
The Council may recover the sum specified in a penalty order from the person or body against whom the order was made if that person or body does not pay it within the period specified in the order.
The Council shall pay a sum paid under a penalty order or recovered under subsection (6) above into the Consolidated Fund.
In subsection (3) above “the original penalty provision” means section l0C of the Opticians Act 1958 (which was inserted in that Act by section 4 of the Health and Social Security Act 1984 and is replaced by this section).
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If any registered optician— the Committee may make a disciplinary order against him.
is convicted by any court in the United Kingdom of any criminal offence; or
is judged by the Disciplinary Committee to have been guilty of serious professional misconduct,
If— the Committee may make a disciplinary order against that body corporate.
an enrolled body corporate is convicted of an offence under this Act, or of aiding, abetting, counselling or procuring the commission of, or inciting another person to commit, such an offence; or
in the case of a body corporate which is for the time being enrolled by virtue of paragraph (a), (c) or (d) of section 9(2) above, the Disciplinary Committee is of opinion that the condition, or any of the conditions, for the enrolment of the body corporate under that subsection is no longer satisfied,
Where a registered optician dies while he is either a director of an enrolled body corporate or the manager of that part of the business of an enrolled body corporate which consists of the testing of sight or the fitting and supply of optical appliances, he shall be deemed, for the purposes of subsection (2) above, to have continued to be a director of that body or a manager of that part of its business, as the case may be, until the expiration of three months beginning with the date of his death or until a director or manager is appointed in his place, whichever occurs first.
If it appears to the Disciplinary Committee that a registered optician or an enrolled body corporate— the Committee may make a disciplinary order against the optician or body corporate.
has contravened or failed to comply with any rules made under section 30 below; or
has failed to pay the sum specified in a penalty order within the period there specified,
If it appears to the Disciplinary Committee—
that a registered optician or enrolled body corporate is engaged in the fitting and supply of optical appliances; and
that the arrangements made by the optician or body corporate for carrying on his practice or his or its business are not such as to secure that the fitting and supply of optical appliances in the course of that practice or business are carried out by, or under the supervision of— the Committee may make a disciplinary order against that optician or body corporate.
an ophthalmic optician registered in the register of ophthalmic opticians engaged or proposing to engage both in the testing of sight and in the fitting and supply of optical appliances; or
a registered dispensing optician,
Where— the Disciplinary Committee may make a disciplinary order against the body corporate.
a disciplinary order is made against a director of an enrolled body corporate; or
a responsible officer of an enrolled body corporate is convicted of an offence under this Act; or
a disciplinary order is made against a registered optician employed by an enrolled body corporate and the act or omission constituting the ground on which the order was made was instigated or connived at by a responsible officer of the body corporate, or, if the act or omission was a continuing act or omission, a responsible officer of the body corporate had or reasonably ought to have had knowledge of its continuance,
In a case—
where—
an enrolled body corporate is convicted of an offence under this Act; and
the offence was instigated or connived at by a responsible officer of the body corporate, or, if the offence was a continuing offence, a responsible officer of the body corporate had or reasonably ought to have had knowledge of its continuance; or
where— the Disciplinary Committee may, if the responsible officer is a registered optician, make a disciplinary order against him.
a disciplinary order is made against an enrolled body corporate; and
the act or omission constituting the ground on which the order was made was instigated or connived at by a responsible officer of the body corporate, or, if the act or omission was a continuing act or omission, a responsible officer of the body corporate had or reasonably ought to have had knowledge of its continuance,
The Disciplinary Committee shall not take a case into consideration—
during any period within which proceedings by way of appeal may be brought which may result in subsection (6) or (7) above being rendered inapplicable in that case; or
while any such proceedings are pending.
Where it appears to the Disciplinary Committee— the Committee may, instead of making a disciplinary order against the body corporate, direct that the body corporate shall not use the title of optician, ophthalmic optician, dispensing optician, registered optician, enrolled optician or optometrist in connection with that set of premises; and if at any time thereafter it appears to the Committee that the body corporate has contravened a direction in force under this subsection, the Committee may make a disciplinary order against the body corporate.
that a body corporate which carries on business as an ophthalmic or dispensing optician at more than one set of premises is liable to have a disciplinary order made against it; and
that the events giving rise to the liability were confined, or substantially confined, to a particular set of premises,
A direction under subsection (9) above shall remain in force until revoked, on an application made to them in that behalf, by the Disciplinary Committee.
When the Disciplinary Committee— the registrar shall serve on that individual or body a notification of the order or direction.
make a disciplinary order against an individual or body corporate; or
direct that a body corporate shall not use any of the titles specified in subsection (9) above in connection with a set of premises,
Any power conferred by this section to make a disciplinary order is a power to make—
an erasure order;
a suspension order;
a penalty order; or
an erasure order or suspension order together with a penalty order.
In this Act “responsible officer” means any director, manager, secretary or other similar officer of a body corporate, or of a branch or department of a body corporate, or any person purporting to act in any such capacity.
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Where an erasure order has been made against an individual or body corporate, the name of that individual or body corporate shall not again be registered in any of the registers or lists unless the Disciplinary Committee on application made to them in that behalf otherwise direct.
An application under subsection (1) above for the restoration of a name to the register or list from which it has been erased or for the entry of a name in one of the other registers or lists shall not be made to the Committee—
within ten months of the date of erasure; or
within ten months of the Committee’s decision on a previous application under that subsection.
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If it is proved to the satisfaction of the Disciplinary Committee that any entry in a register or list has been fraudulently or incorrectly made, the Committee may, if they think fit, direct that the entry shall be erased.
An individual may be registered or a company enrolled in pursuance of any provision of this Act notwithstanding that his or its name has been erased under this section, but if it was so erased on the ground of fraud, that individual or company shall not be registered or enrolled except on an application in that behalf to the Disciplinary Committee, and on any such application the Committee may, if they think fit, direct that the individual or body corporate shall not be registered or enrolled, or shall not be registered or enrolled until the expiration of such period as may be specified in the direction.
Where the Disciplinary Committee direct that the name of an individual or body corporate shall be erased from a register or list under this section, the registrar shall serve a notification of the direction on that individual or body.
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A notification under section 17 or 19 above which is required to be served on a person may be served by being delivered personally, or being sent by post in a registered letter or by the recorded delivery service.
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 a person other than a body corporate containing such a notification shall be deemed to be properly addressed if it is addressed to him at his address in the register or at his last known address if that address differs from his address in the register and it appears to the registrar that the notification is more likely to reach him at his last known address.
A notification which is required to be served on a body corporate shall be duly served if it is served on the secretary or clerk of that body.
For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person, in the case of a body corporate or the secretary or clerk of a body corporate, shall be its address in the list or the address of its registered or principal office if that address differs from its address in the list and it appears to the registrar that the notification is more likely to reach the body corporate or its secretary or clerk there.
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For the purposes of any proceedings under this Act before the Disciplinary Committee (whether relating to disciplinary cases or otherwise) in England and Wales or Northern Ireland— but 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.
the Committee may administer oaths; and
any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum;
Section 36 of the Supreme Court Act 1981 and section 67 of the Judicature (Northern Ireland) Act 1978 (subpoena issued in High Court to run throughout United Kingdom) shall apply in relation to any such proceedings in England and Wales and in Northern Ireland respectively as they apply in relation to causes or matters in the High Court.
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—
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 haver failing to appear after due citation;
to grant warrant for the recovery of documents; and
to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.
The Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee, and in particular—
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 individual or body corporate alleged to be liable to have a disciplinary order or a direction under section 19 above made against him or it;
for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee;
for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;
for requiring proceedings before the Committee to be held in public except in so far as may be provided by the rules;
for requiring, in cases where it is alleged that a registered optician has been guilty of serious professional misconduct, that where the Committee judge that the allegation has not been proved they shall record a finding that the optician is not guilty of such conduct in respect of the matters to which the allegation relates;
for requiring, in cases where it is alleged that a registered optician or enrolled body corporate is liable to have a disciplinary order made against him or it under section 17(4) or (5) above, that where the Committee judge that the allegation has not been proved they shall record a finding that the optician or body corporate is not guilty of the matters alleged.
As respects proceedings for the restoration of names to the register or list, or for the revocation of a direction under section 17(9) above, the Council shall have power to make rules with respect to all or any of the matters specified in subsection (4) above, but shall not be required to do so, and separate rules under this section may be made as respects such proceedings.
Before making rules under this section the Council shall consult such organisations representing the interests of opticians and bodies corporate carrying on business as opticians as appear to the Council requisite to be consulted.
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For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before them there shall in all such proceedings be an assessor to the Committee who shall be a barrister, advocate or solicitor of not less than ten years' standing.
The power of appointing assessors under this section shall be exercisable by the Council, but if no assessor appointed by them is available to act at any particular proceedings, the Disciplinary Committee may appoint an assessor under this section to act at those proceedings.
The Lord Chancellor may make rules as to the functions of assessors appointed under this section, and in particular, rules under this subsection may contain— as appear to the Lord Chancellor expedient.
such provisions for securing—
that where an assessor advises the Committee on any question of law as to evidence, procedure or any other matters specified 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 what advice the assessor has tendered;
that every such party or person shall be informed if in any case the Committee do not accept the advice of the assessor on any such question; and
such incidental and supplementary provisions,
Subject to the provisions of this section, an assessor under this section may be appointed either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.
Any remuneration paid by the Council to persons appointed to act as assessors shall be at such rates as the Privy Council may approve.
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At any time within 28 days from the service of a notification in relation to an individual or body corporate under section 17 or 19 above, that individual or body corporate may, in accordance with such rules as Her Majesty in Council may by Order provide for the purposes of this section, appeal to Her Majesty in Council; and the Judicial Committee Act 1833 shall apply in relation to the Disciplinary Committee as it applies to such courts as are mentioned in section 3 of that Act.
The Council may appear as respondent on any such appeal, and for the purpose of enabling directions to be given as to the costs of 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.
Where— the order or direction 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.
no appeal is brought against—
a disciplinary order; or
a direction under section 17(9) above; or
a direction under section 19 above; or
such an appeal is brought but withdrawn or struck out for want of prosecution,
Subject as aforesaid, where an appeal is brought against any such order or direction, it shall take effect if and when the appeal is dismissed and not otherwise.
The Council shall—
provide, in such manner as the Council considers appropriate, guidance for registered optometrists, registered dispensing opticians and student registrants, on matters relating to fitness to practise or, in the case of a student registrant, fitness to undertake training, and in particular on the standards of conduct and performance expected of them; and
establish and keep under review effective arrangements to protect members of the public from registered optometrists, registered dispensing opticians and student registrants whose fitness to practise or, in the case of a student registrant, fitness to undertake training, is impaired.
The Council shall—
provide, in such manner as the Council considers appropriate, guidance to business registrants on matters relating to fitness to carry on business as an optometrist or a dispensing optician or both, and in particular on the standards of conduct and performance expected of such registrants in carrying on that business; and
establish and keep under review effective arrangements to protect the public from business registrants whose fitness to carry on business as an optometrist or a dispensing optician or both is impaired.
Before issuing guidance or varying guidance already issued under this section, the Council shall consult groups which, in the Council’s opinion, are representative of registrants or of persons with an interest in the subject matter of the guidance.
The Council shall keep under review, and revise as appropriate, guidance provided by them under this section.
The Council must make information about the following matters available to specified state professionals—
the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;
the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;
the processes and procedures for the ongoing verification of competence;
the criteria for, and procedures relating to, erasure or removal from the appropriate register;
the documentation required of specified state professionals and the form in which it should be presented; and
the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered optometrists or registered dispensing opticians that are acceptable to the Council.
The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registered optometrists or registered dispensing opticians.
For the purpose of assisting the Council or any of their Committees in carrying out any of their functions under this Act relating to— the Council may require a registrant or any other person to supply any information or produce any document which appears to the Council relevant to the discharge of those functions.
a registered optometrist’s or a registered dispensing optician’s fitness to practise;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both; or
a student registrant’s fitness to undertake training,
As soon as reasonably practicable after the date on which an allegation has been made to the Council relating to a registered optometrist’s or registered dispensing optician’s fitness to practise or a student registrant’s fitness to undertake training, the Council shall require, from the registrant to whom the allegation relates, particulars of any person who employs him.
Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR; but if information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the Council may, in exercising their functions under subsection (1) above, require that the information be put into a form which is not capable of identifying that individual.
In determining for the purposes of subsection (3) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.
Subsection (1) above does not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before—
the Court of Session, if the person’s address in the appropriate register is in Scotland, or if he is not registered, if he is resident in Scotland;
the High Court of Justice in Northern Ireland, if the person’s address in the appropriate register is in Northern Ireland, or if he is not registered, if he is resident in Northern Ireland; or
the High Court of Justice in England and Wales, if the person’s address in the appropriate register is in England or Wales, or if he is not registered, he is resident in England or Wales.
If a person fails to supply any information or produce any document within fourteen days of his being required to do so under subsection (1) above, the Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.
In subsection (6) above, “relevant court” means the county court or, in Scotland, the sheriff.
In subsection (7) above, “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document.
For the purposes of subsection (3) above, “enactment” includes—
a provision of, or an instrument made under, an Act of the Scottish Parliament;
a provision of, or an instrument made under, Northern Ireland legislation; and
a provision of subordinate legislation (within the meaning of the Interpretation Act 1978).
In this section, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
As soon as is reasonably practicable after an allegation is received by the Council relating to a registered optometrist’s or registered dispensing optician’s fitness to practise or, in the case of a business registrant, its fitness to carry on business as an optometrist or a dispensing optician or both, or in the case of a student registrant, his fitness to undertake training, they shall notify the persons specified in subsection (2) below of an investigation under this Part by the Council or any of its Committees of—
a registered optometrist’s or a registered dispensing optician’s fitness to practise;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician, or to carry on both businesses; or
a student registrant’s fitness to undertake training.
The persons specified in this subsection are—
the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and
any person in the United Kingdom of whom the Council are aware by whom the registered optometrist, registered dispensing optician or student registrant is employed.
The Council may disclose to any person any information relating to— which they consider it to be in the public interest to disclose.
a registered optometrist’s or a registered dispensing optician’s fitness to practise;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician, or to carry on both businesses; or
a student registrant’s fitness to undertake training,
This section applies where an allegation is made to the Council against—
a registered optometrist or a registered dispensing optician that his fitness to practise is or may be impaired;
a business registrant that its fitness to carry on business as an optometrist or a dispensing optician, or both, is or may be impaired; or
a student registrant that his fitness to undertake training as an optometrist or a dispensing optician is or may be impaired.
The only grounds upon which the fitness to practise of a registered optometrist or registered dispensing optician, or the fitness to undertake training of a student registrant, is “impaired” for the purposes of this Act are—
misconduct;
except in the case of a student registrant, deficient professional performance;
a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;
the registrant having accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
the registrant, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely;
adverse physical or mental health; or
a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.
The only grounds upon which a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or to carry on both businesses is impaired for the purposes of this Act are—
misconduct by the business registrant or by one of its directors;
practices or patterns of behaviour occurring within the business which—
the registrant knew or ought reasonably to have known of; and
amount to misconduct or deficient professional performance;
the instigation by the business registrant of practices or patterns of behaviour within the business where that practice or behaviour amounts, or would if implemented amount, to misconduct or deficient professional performance;
a conviction or caution in the British Islands of the business registrant or one of its directors for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence;
the registrant or one of its directors having accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992;
the registrant or one of its directors, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging it or him absolutely;
a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that— or a determination by a regulatory body elsewhere to the same effect.
the business registrant’s fitness to carry on business as a member of that profession is impaired; or
the fitness of a director of the business registrant to practise that profession is impaired,
For the purposes of this section—
references to a conviction include a conviction by court martial; and
the allegation may refer to acts or omissions which occurred outside the United Kingdom or at a time when the registrant was not registered.
The Investigation Committee shall investigate the allegation made against the registrant and decide whether it ought to be considered by the Fitness to Practise Committee.
If the Investigation Committee decide that the allegation ought to be considered by the Fitness to Practise Committee—
they shall give a direction to that effect to the registrar;
the registrar shall refer the allegation to the Fitness to Practise Committee; and
the registrar shall serve a notification of the Investigation Committee’s decision on the registrant who, or which, is the subject of the allegation, and on the person making the allegation.
If the Investigation Committee decide that the allegation ought not to be considered by the Fitness to Practise Committee, they may give a warning to the registrant who, or which, is subject to the allegation regarding his, or its, future conduct or performance.
In deciding whether to give a warning under subsection (7), the Investigation Committee must have regard to the over-arching objective.
If the Investigation Committee decide that the allegation ought not to be considered by the Fitness to Practise Committee and that no warning is to be given under subsection (7) above—
they shall give a direction to that effect to the registrar; and
the registrar shall serve a notification of the Committee’s decision on the registrant who, or which, is the subject of the allegation, on the person making the allegation and on those persons specified in section 13C(2) above.
If the Investigation Committee are of the opinion that the Fitness to Practise Committee should consider making an order for interim suspension or interim conditional registration under section 13L below in relation to the registrant who, or which, is the subject of the allegation—
they shall give a direction to that effect to the registrar;
the registrar shall refer the matter to the Fitness to Practise Committee for the Committee to decide whether to make such an order; and
the registrar shall serve notification of the decision on the registrant who, or which, is the subject of the allegation, and on the person making the allegation.
In this section—
“enactment” includes—
a provision of, or an instrument made under, an Act of the Scottish Parliament;
a provision of, or an instrument made under, Northern Ireland legislation; and
a provision of subordinate legislation (within the meaning of the Interpretation Act 1978); and
“regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession.
The Council may make rules providing for— to exercise the functions of the Investigation Committee under section 13D above, either generally or in relation to such classes of case as may be specified in the rules.
the registrar; or
any other officer of the Council,
If those rules enable the registrar to exercise the functions of the Investigation Committee under subsections (6), (8) or (9) of section 13D above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted.
Section 13D above also applies in any case where— and in such cases this Act and rules made under this Act shall apply as if an allegation to that effect has been made to the Council under section 13D above against the registered optometrist, registered dispensing optician, student registrant or, as the case may be, business registrant, and any reference to the person making an allegation shall be disregarded.
it comes to the attention of the Council that— is, or may be, impaired by one or more of the matters mentioned in section 13D(2) above or, as the case may be, section 13D(3) above, but
a registered optometrist’s or registered dispensing optician’s fitness to practise;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both; or
a student registrant’s fitness to undertake training,
no allegation to that effect has been made to the Council against that registrant,
Where an allegation against a registrant is referred under section 13D above (other than under subsection (9) of that section) to the Fitness to Practise Committee, subsections (2) to (5) below shall apply.
If the Fitness to Practise Committee find that— they may if they think fit give a direction specified in subsection (3) or (4) below.
a registered optometrist’s or registered dispensing optician’s fitness to practise is impaired;
a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both is impaired; or
a student registrant’s fitness to undertake training is impaired,
The directions specified in this subsection are that—
except in a health case, the name of the registrant be erased from the appropriate register;
the registrant’s registration be suspended (that is to say, is not to have effect) during such period not exceeding twelve months as may be specified in the direction;
the registrant’s registration is to be conditional on his or its compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee see fit to impose for the protection of members of the public or in his or its interests.
Where the Fitness to Practise Committee find that a registered optometrist’s or registered dispensing optician’s fitness to practise is impaired on the ground of deficient professional performance, and the deficiency relates to the performance of a specialty or proficiency particulars of which are entered in the appropriate register in respect of him, the Committee may, instead of any of the directions specified in subsection (3) above or, in addition to any of the directions specified in subsection (3)(b) or (c) above, direct that—
the entry relating to that specialty or proficiency be removed from the appropriate register;
the entry relating to that specialty or proficiency be removed from the appropriate register temporarily, that is to say, for such period not exceeding twelve months as may be specified in the direction; or
the entry relating to that specialty or proficiency be conditional upon the registered optometrist’s or registered dispensing optician’s compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee see fit to impose for the protection of members of the public or in his interests.
If the Fitness to Practise Committee find that— they may nevertheless give the registrant a warning regarding his or its future conduct or performance.
the registered optometrist’s or the registered dispensing optician’s fitness to practise is not impaired;
the business registrant’s fitness to carry on the business of an optometrist or a dispensing optician or both is not impaired; or
the student registrant’s fitness to undertake training is not impaired,
Subsection (7) below applies if the Fitness to Practise Committee have directed that the registration of a registrant be suspended under subsection (3) above or (13) below.
If this subsection applies, the Fitness to Practise Committee may, if they think fit— but, except as provided in subsection (8) below, the Committee shall not extend any period of suspension under this section for more than twelve months at a time.
direct that the current period of suspension be extended for such further period from the time when it would otherwise expire as is specified in the direction;
except in a case to which subsection (8) below applies, direct that the name of the registrant be erased from the appropriate register;
direct that the registrant’s registration is, as from the expiry of the current period of suspension, to be conditional on his or its compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee think fit to impose for the protection of members of the public or in his or its interests,
In a case where— they may give a direction extending his period of suspension indefinitely if the conditions specified in subsection (9) below are satisfied.
the Fitness to Practise Committee find that the registered optometrist's, the registered dispensing optician’s or the student registrant’s impairment is due to adverse physical or mental health; and
that person’s name has been suspended from the appropriate register under the preceding provisions of this section,
The conditions specified in this subsection are—
the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; and
that direction is made not more than two months before the date on which the period of suspension would otherwise expire.
Where the Fitness to Practise Committee have given a direction under subsection (8) above extending indefinitely the suspension of a person’s name from the appropriate register, the Fitness to Practise Committee must review the direction if—
the person requests them to do so;
at least two years have elapsed since the date on which the direction took effect; and
in a case where the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the last such review.
On a review under subsection (10) above, the Fitness to Practise Committee may—
confirm the direction;
direct that the suspension be terminated; or
direct that the registrant’s registration be conditional on his or its compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Committee see fit to impose for the protection of members of the public or in his or its interests.
Where a direction that the inclusion of a person’s name in the appropriate register be subject to conditions has been given under subsection (3), (7) or (11) above, subsection (13) below applies.
If this subsection applies, the Fitness to Practise Committee may (whether or not of their own motion), if they think fit— but the Committee must not extend any period of conditional registration under this section for more than three years at a time.
except in a health case, direct that the name of the registrant be erased from the appropriate register;
direct that a registrant’s registration in the appropriate register be suspended during such period not exceeding twelve months as may be specified in the direction;
direct that the current period of conditional registration be extended for such further period from the time when it would otherwise expire as may be specified in the direction; or
revoke the direction, or revoke or vary any of the conditions imposed by the direction, for the remainder of the current period of conditional registration,
Subsections (6) to (13) above shall apply—
to the temporary removal of an entry relating to a specialty or proficiency under subsection (4)(b) above as they apply to a registrant’s registration being suspended under subsection (3)(b) above; and
to an entry relating to a specialty or proficiency being made conditional under subsection (4)(c) above as they apply to a registrant’s registration being made conditional under subsection (3)(c) above.
Where subsection (6) to (13) above apply by virtue of subsection (14) above—
references in subsections (7)(b) and (13)(a) above and section 13G(1) below to the name of a registrant being erased from the appropriate register shall be read as if it included a reference to the removal from the appropriate register (otherwise than temporarily) of an entry relating to a specialty or proficiency;
references in subsections (7) to (11) above and section 13G(1) and (2) below to a period of suspension or suspension shall be read as if it included a reference to a period of time specified for the temporary removal or temporary removal from the appropriate register of an entry relating to a specialty or proficiency;
references in subsection (13) above and section 13G(1), (4) and (5) below to being suspended shall be read as if it included a reference to an entry relating to a specialty or proficiency being removed from the appropriate register for a specified period; and
references in subsections (7), (11) and (13) above and section 13G(1) and (2) below to a registrant’s registration being conditional or to conditional registration shall be read as if it included a reference to an entry relating to a specialty or proficiency being conditional.
If, under section 13F above, the Fitness to Practise Committee— the registrar must forthwith serve on the registrant concerned notification of the direction or variation, and of the registrant’s right to appeal against it under section 23G below.
give a direction—
that a registrant’s name be erased from the appropriate register;
for suspension; or
for conditional registration; or
vary any of the conditions imposed by a direction for conditional registration,
In subsection (1) above references to—
a direction for suspension include a reference to a direction extending a period of suspension; and
a direction for conditional registration include a reference to a direction extending a period of conditional registration.
While a registrant’s registration in the appropriate register is suspended by virtue of a direction under section 13F above—
the registrant shall be treated, except as provided in subsection (4) 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
sections 13D, 13E and 13F above, this section and section 13H below shall continue to apply to the individual or body whose registration is suspended.
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.
The registrar shall erase any note made under subsection (3)(a) above when the direction for suspension ceases to have effect.
In section 13F above and section 13H below, “health case” means any case in which the Fitness to Practise Committee has determined that a registered optometrist’s or registered dispensing optician’s fitness to practise or a student registrant’s fitness to undertake training—
is impaired by reason of a matter falling within paragraph (f) of subsection (2) of section 13D above, but
is not impaired by any matter falling within any other paragraph of that subsection.
In any case other than a health case in which the Fitness to Practise Committee have the power to impose a direction under section 13F above, they may impose, either in addition to the direction or instead of it, a financial penalty order.
A financial penalty order may specify any sum not exceeding the maximum penalty.
In this section, the “maximum penalty” means a sum not exceeding £50,000 or such higher sum as may be substituted by an order made under subsection (4) below.
If it appears to the Council that there has been a change in the value of money since the last occasion when the financial penalty was fixed, whether by this section or by an order under this section, the Council may by order amend subsection (3) above so as to substitute for the sum for the time being specified in subsection (3) above such other sum as appears to the Council justified by the change.
The Council shall publish an order made under subsection (4) above in such form as they consider appropriate.
An amendment made by order under subsection (4) above shall not apply where the event which gave rise to the allegation occurred before the order came into force.
A financial penalty order shall specify the period within which the sum specified in it is to be paid.
The Council may recover the sum specified in a financial penalty order from the person or body against whom the order was made if that person or body does not comply with it within the period specified in the order.
The Council shall pay any sum paid under a financial penalty order or recovered under subsection (8) above into the Consolidated Fund.
...
necessary for the protection of members of the public;
“student registrant” means a person whose name is in one of the registers maintained by the Council under section 8A above;
otherwise in the public interest; or
in the best interests of the individual or body corporate,
...
a direction for conditional registration under section 13F(2) above; or
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;
a direction that an entry in the register relating to a specialty or proficiency be made conditional under section 13F(4)(c) above,
“specified state professional” means a person who holds a specified state qualification;
Where, on the giving of a direction mentioned in subsection (1) or (2) above, an order under subsection (1) or (2) above is made in respect of a registrant, the registration in the appropriate register of that individual or body shall, subject to subsection (4) below, be suspended (that is to say, shall not have effect) or made conditional, as the case may be, or in the case of an entry in the register relating to a specialty or proficiency, removed or made conditional, from the time when the order is made until the time when—
the direction takes effect in accordance with section 23H below; or
an appeal against it under section 23G below is (otherwise than by the dismissal of the appeal) determined.
Where the Fitness to Practise Committee make an order under subsection (1) or (2) above, the registrar shall forthwith serve a notification of the order on the individual to whom, or body corporate to which, it applies.
If, when an order under subsection (1) or (2) above is made, the individual to whom, or body to which, it applies is neither present nor represented at the proceedings, subsection (3) above shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time of service of a notification of the order as determined for the purposes of section 23A below.
Except as provided in subsection (7) below, while the registration of an individual or body corporate is suspended from the appropriate register by virtue of subsection (1) above, the individual or body shall be treated as not being registered in the appropriate register notwithstanding that his or its name still appears in any published copy of the appropriate register.
Notwithstanding subsection (6) above—
sections 13D to 13H above shall continue to apply to an individual or body corporate whose registration in the appropriate register is suspended; and
an individual registrant shall be treated for the purposes of compliance with rules made under sections 11A and 11B above as if his registration were not suspended.
The relevant court may revoke any order imposed under subsection (1) or (2) above, and the decision of the court on any application under this subsection shall be final.
In subsection (8) above, “relevant court” means—
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;
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
in the case of any other person, means the High Court of Justice in England and Wales.
If it is proved to the satisfaction of the Fitness to Practise Committee that the entry of a person’s name in a register has been fraudulently procured or incorrectly made, or that an entry relating to a specialty or proficiency has been fraudulently procured or incorrectly made in a register, the Committee may, if they think fit, direct that the person’s name or, as the case may be, entry, be removed.
Where the Fitness to Practise Committee direct that a person’s name or entry relating to a specialty or proficiency shall be removed from a register under this section, the registrar shall serve a notification of the direction on that person and of that person’s right of appeal against it in accordance with section 23G below.
A person whose name has been erased from a register under section 13F above or who has had an entry relating to a specialty or proficiency removed under section 13F above (otherwise than for a specified period) may apply to the registrar for his name, or his entry relating to a specialty or proficiency, to be restored to the appropriate register.
No application for the restoration of a name, or an entry relating to a specialty or proficiency, to the appropriate register under this section shall be considered by the Registration Appeals Committee—
before the expiration of two years from the date of erasure or removal of an entry; or
during any period of twelve months after any previous such application.
Subject to subsection (4), the registrar shall refer an application under this section to the Registration Appeals Committee.
An application is invalid if made earlier than—
twenty two months after the date of erasure or removal of an entry relating to a specialty or proficiency; or
ten months after determination of a previous application for restoration.
An application for restoration under this section may be for— but in the case of an application for restoration of an entry relating to a specialty or proficiency, an application may only be made for restoration of the entry to a register in which the applicant’s name is or will be included.
restoration to the register from which the applicant’s name was erased, or the entry relating to a specialty or proficiency was removed; or
admission to a different register or, in the case of an entry relating to a specialty or proficiency, inclusion of the entry in a different register,
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.
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.
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.
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.
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.
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— the Committee may make an order specified in subsection (2) below.
his registration to be suspended or to be made subject to conditions; or
an entry relating to a specialty or proficiency to be removed temporarily or made subject to conditions,
The orders specified in this subsection are that—
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
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”).
Subject to subsection (9) below, if the Fitness to Practise Committee make an order under subsection (1) above, the Committee—
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—
before the end of the period of six months beginning on the date of the immediately preceding decision, or
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
may review it if new evidence relevant to the order becomes available after the order is made.
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—
revoke the order or revoke the condition imposed by the order;
vary any condition imposed by the order; or
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—
an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former; or
an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former.
If an order is made under any provision of this section, the registrar shall forthwith serve a notification of the order on the person.
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.
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.
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.
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—
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
if it had been reviewed under the provision, within the period of three months beginning on that date.
Where an order has effect under any provision of this section, the relevant court may— and the decision of the relevant court under any application under this subsection shall be final.
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;
in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order; or
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,
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.
The revocation of an interim suspension order or an order for interim conditional registration under subsection (11) shall take effect forthwith.
While a registrant’s registration in the appropriate register is suspended by virtue of an interim suspension order under this section—
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
sections 13D to 13H above and this section shall continue to apply to the individual or body whose registration is suspended.
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.
The registrar shall erase any note made under subsection (1)(a) above when the direction for suspension ceases to have effect.
In section 13L above “the relevant court” means—
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;
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
in the case of any other person, means the High Court of Justice in England and Wales.
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.
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.
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.
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.
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.
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.
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—
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
the fitting begins before any re-examination date specified in that prescription.
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.
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.
A person to whom this subsection applies who fits a contact lens to an individual must—
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
provide the individual with instructions and information on the care, wearing, treatment, cleaning and maintenance of the lens.
The obligation to provide a specification or instructions or information under subsection (5) above applies—
if only one person took part in fitting a contact lens for the individual, to that person;
if a series of persons took part in fitting a contact lens for an individual, to the last person to fit a lens.
A specification issued in accordance with subsection (5) above must—
state the period during which the specification remains valid and its expiry date; and
in the case of a specification provided by a registered medical practitioner, contain such particulars as the Secretary of State may specify in regulations.
A specification becomes invalid after its expiry date.
For the purposes of this section and section 27(3A) below, “fitting” a contact lens means— and “fit” and “fitted” shall be construed accordingly.
assessing whether a contact lens meets the needs of the individual; and, where appropriate
providing the individual with one or more contact lenses for use during a trial period,
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.
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—
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
immediately following the test to give the person whose sight he has tested a written statement—
that he has carried out the examinations that the regulations require, and
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.
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.
The Secretary of State may by regulations specify—
particulars to be included in a prescription or statement provided in fulfilment of the duty imposed by subsection (2) above; and
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.
A person shall not be required as a condition of having his sight tested—
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
to pay a fee before the testing is carried out.
A fee shall be payable in a case where a duty arises under this section only if that duty has been fulfilled.
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.
In this section “fee” means any payment in connection—
with testing sight in accordance with regulations under this section;
with fulfilling any duty imposed by this section; or
with the supply of optical appliances.
Any power to make regulations conferred by this section includes power to make different provision for different classes of case.
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 .
A person shall not sell—
any contact lens for use by any person who does not have a valid specification provided pursuant to section 25(5) above; or
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.
Subsection (1) above shall not apply to any of the following sales—
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;
a sale of an optical appliance intended for use as protection or cover for the eyes in sports if—
neither lens fitted to the appliance has a positive or negative spherical power exceeding 8 dioptres;
the appliance is an appliance with a single vision lens or single visions lenses; and
the appliance falls within any category of appliance specified in an order made by the Privy Council for the purposes of this section; or
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.
Those requirements are that—
the seller has—
the original specification;
a copy of the original specification which he verifies with the person who provided it; or
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;
the seller is reasonably satisfied that the goods ordered are for use by the person named in the specification;
the sale is made before the expiry date mentioned in the specification;
the seller is, or is under the general direction of, a registered medical practitioner, a registered optometrist or a registered dispensing optician; and
the wearer—
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.
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
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.
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—
with a Minister of the Crown or Government department (including a Northern Ireland department); or
with any body on whom functions are conferred by or by virtue of— as it applies to the sale of an optical appliance or zero powered contact lens .
the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;
the National Health Service (Scotland) Act 1978 ; or
the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991,
In this section—
“seller”—
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
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
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.
Subsection (1) above shall not apply to the sale of an optical appliance or zero powered contact lens —
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;
to a manufacturer of or dealer in optical appliances or zero powered contact lenses for the purposes of his business;
to any authority or person carrying on a hospital, clinic, nursing home or other institution providing medical or surgical treatment;
to a Minister of the Crown or Government department (including a Northern Ireland department);
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;
for the purpose of its export; or
in accordance with an order under subsection (6) below.
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.
An order under this subsection is an order made by the Privy Council and specifying—
optical appliances to which it applies; and
conditions subject to which their sale is exempted from the requirements of subsection (1) above.
The Council may by rules specify the arrangements which are to be made or may be made under subsection (3B) above.
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—
has been given by a registered medical practitioner or registered optometrist following a testing of sight by him; and
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.
An order under subsection (6) above may not specify as appliances to which it applies—
contact lenses; or
any optical appliance for a person under 16 years of age.
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—
that he sold the appliance or lens as an antique or secondhand article; and
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.
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.
Any individual— shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
who takes or uses the title of optometrist or the title of optometrist when he is not a registered optometrist; or
who takes or uses the title of dispensing optician when he is not a registered dispensing optician; or
who takes or uses the title of registered optometrist when he is not a registered optometrist;
who takes or uses any name, title, addition or description falsely implying that he is registered in any of the registers; or
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;
who otherwise pretends that he is registered in any of the registers,
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;
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.
Subject to subsection (4) below, subsection (2) above applies to a person who carries on the business—
of selling optical appliances; or
of supplying optical appliances in pursuance of arrangements made as mentioned in section 27(4) above.
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.
Any body corporate which— shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
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;
takes or uses any name, title, addition or description falsely implying that it is registered;
otherwise pretends that it is registered,
which takes or uses any name, title, addition or description falsely implying that it is enrolled in either of the lists; or
which otherwise pretends that it is enrolled in either of the lists,
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.
Subject to subsection (8) below, subsection (6) above applies to a body corporate which carries on the business—
of selling optical appliances or zero powered contact lenses; or
of supplying optical appliances or zero powered contact lenses in pursuance of arrangements made as mentioned in section 27(4) above.
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.
It is immaterial for the purposes of this section whether a title was used alone or in combination with any other words.
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— 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.
his executors or administrators;
his surviving spouse or his surviving civil partner ;
any of his children; or
trustees on behalf of his surviving spouse or his surviving civil partner or any of his children,
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.
Where— 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.
a person by virtue of subsection (1) or (2) above takes or uses any title in relation to the business or practice—
of a deceased optometrist or dispensing optician; or
of an optometrist or dispensing optician who has become bankrupt; and
an offence under section 24, 25 or 27 above is committed in the course of that business or practice,
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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.
In its application to Scotland subsection (2) above shall have effect as if—
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
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.
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.
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.
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.
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.
In this section, “enactment” means—
an Act of Parliament;
an Act of the Scottish Parliament;
any Northern Ireland legislation; or
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.
Subject to subsection (2) below, the Council may make rules prohibiting or regulating—
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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;
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;
the practice of orthoptics by registered optometrists, registered dispensing opticians, business registrants and their employees;
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.
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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.
The power conferred by subsection (3) above is a power—
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
in relation to business registrants , to specify conditions which they must satisfy.
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— take the prescribed steps to refer that person to a registered medical practitioner for advice and treatment.
in an emergency,
where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above, or
in such other cases as may be prescribed,
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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.
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—
set up to investigate and resolve consumer complaints into the supply of goods and services by registrants; or
for purposes connected with the profession of optometrist or dispensing optician.
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.
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 .
Any power to make rules under this Act may be exercised—
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;
either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions; or
so as to make any supplementary, incidental, consequential, transitional, transitory or saving provision which the Council considers necessary or expedient.
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.
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.
This section applies to all functions of the Council under this Act except—
their functions under sections 1, 5D, 8, 8A, 9, 12, 13 and 32(1) above; and
their powers to make rules under sections 23C, 23D and 23E above.
Rules made by the Council under this Act ... shall not come into force until approved by order of the Privy Council.
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.
Subsection (1) above shall not apply to rules made under section 10 above in so far as they relate to fees.
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.
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The powers— shall be exercisable by statutory instrument.
of the Privy Council to make orders under this Act;
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of the Secretary of State to make regulations under section 25 or 26 above,
Subject to subsection (7) below, a statutory instrument containing— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
an order of the Privy Council to which this subsection applies; or
regulations made by the Secretary of State under section 25 or 26 above,
Subsection (6) above applies to the following orders of the Privy Council—
an order approving rules under section 4, 5 or 31 above ...; and
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an order under section 1(4) or 27.
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which is made by virtue of subsection (2) above and approves rules under section 31(1)(a) above subject to modifications; or
which is made by virtue of subsection (4) above,
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.
The Council shall publish, by such date in each year as the Privy Council shall specify—
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);
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
a strategic plan for the Council in respect of such number of years as the Council shall determine.
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.
For the purpose of exercising any powers conferred by this Act on the Privy Council ... the quorum of the Privy Council shall be two.
Any document purporting to be— shall be evidence of the fact that the instrument was so made and of the terms of the instrument.
an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and
signed by the Clerk of the Privy Council or by any other person authorised by the Privy Council in that behalf,
In this Act, unless the context otherwise requires—
“optical appliance” means an appliance designed to correct, remedy or relieve a defect of sight;
...
“penalty order” has the meaning assigned to it by section 14 above;
“relevant court” mean the county court or, in Scotland, the sheriff; and
“body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner;
“financial penalty order” means an order under Part 2A above that a registrant shall pay to the Council a sum specified in the order;
no appeal is brought against an appealable decision; or
such an appeal is brought but withdrawn or struck out for want of prosecution,
“disciplinary case” has the meaning assigned to it by section 4 above;
“medical authority” means one of the universities and other bodies who choose appointed members of the General Medical Council;
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.
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)).
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—
for “section 2 of the Opticians Act 1958” there shall be substituted “section 7 of the Opticians Act 1989”; and
for “section 4” there shall be substituted “section 9”.
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for “Opticians Act 1958” there shall be substituted “Opticians Act 1989”; and
for “section 4” there shall be substituted “section 9”.
The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.
Paragraphs 3 to 5 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 1986 are revoked.
This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
This Act may be cited as the Opticians Act 1989.
This Act extends to Northern Ireland.
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—
being delivered to that person personally;
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;
being sent by post in a registered letter; or
sending it by a postal service which provides for the delivery of the notice by post to be recorded.
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.
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.
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—
address in the appropriate register; or
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.
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.
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—
that body’s address in the register of bodies corporate under section 9 above; or
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.
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.
For the purposes of proceedings under this Act in England and Wales or in Northern Ireland before— the Committee may administer oaths and any party to the proceedings may issue a writ of sub poena ad testificandum or duces tecum.
the Fitness to Practise Committee; or
the Registration Appeals Committee,
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.
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.
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—
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;
to grant warrant for the recovery of documents; and
to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.
The Council shall make rules as to—
the procedure to be followed and the rules of evidence to be observed by—
the Fitness to Practise Committee; and
the Registration Appeals Committee; and
the procedure to be followed by the Investigation Committee.
The rules under subsection (1)(a) above shall in particular include provision—
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;
for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee;
for enabling any party to the proceedings to be represented at the hearing by—
a person with a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);
an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;
a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland ; or
a person of such other description as may be specified in rules if the rules so allow and the person appearing so elects;
for proceedings before the Committee to be held in public, except and to the extent that rules provide otherwise;
(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—
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
enabling the Fitness to Practise Committee, if no such request is made but he nonetheless consents, to make such a declaration;
(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—
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
enabling the Fitness to Practise Committee, if no such request is made but the registrant nonetheless consents, to make such a declaration.
The Council may also make rules—
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;
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;
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—
to submit to any examination required or directed to be carried out in accordance with rules made under this section; or
to co-operate with the Committee.
The rules under subsection (1)(a) above may also include provision for the award and summary assessment of costs and expenses.
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.
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.
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.
In subsection (7) above “relevant court” means—
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;
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
in the case of any other person, means the High Court of Justice in England and Wales.
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.
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.
The Council shall appoint persons to be legal advisers.
The legal advisers are appointed for the purpose of giving advice to— on questions of law arising in connection with any matter which the Committee is considering.
the Fitness to Practise Committee; and
the Registration Appeals Committee,
To be qualified for appointment as a legal adviser, a person must—
have at least a five year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);
be an advocate or solicitor in Scotland of at least five years standing; or
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.
A legal adviser must not be a member of the Council.
The Council may pay such fees, allowances and expenses to a legal adviser as the Council consider appropriate.
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.
The Council may make rules as to the functions of legal advisers appointed under this section and those rules may in particular contain provision—
for legal advisers to advise on the drafting of decisions;
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
for incidental and supplementary matters.
The Council—
shall appoint persons to be clinical advisers; and
may appoint persons to act as specialist advisers on issues on which, in the Council’s opinion, specialist knowledge is required.
Persons appointed to be—
clinical advisers must have specialist expertise in a particular field or fields; and
specialist advisers must have particular expertise in the specialty for which they are appointed.
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.
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.
Advisers appointed under this section must not be members of the Council.
The Council may pay such fees, allowances and expenses to the advisers appointed under this section as the Council consider appropriate.
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.
The Council may make rules as to the functions of advisers appointed under this section.
Schedule 1A to this Act (which makes provision about appeals against registration decisions) shall have effect.
The following decisions are appealable decisions for the purposes of this section—
a decision of the Fitness to Practise Committee—
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;
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
under section 13H(1) above imposing a financial penalty order;
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;
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 ...
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; ...
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In subsection (1)(a) above—
references to a direction for suspension include a reference to a direction extending a period of suspension and a direction for indefinite suspension;
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
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.
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.
In this section and section 23H below, “the relevant court” means—
in any case falling within subsection (1)(a) above—
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;
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
otherwise, means the High Court of Justice in England and Wales;
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
in any other case falling within subsection (1)(b) to (d) above, the county court.
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.
On an appeal under this section from a decision of the Fitness to Practise Committee, the relevant court may— and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.
dismiss the appeal;
allow the appeal and quash the direction or variation or order appealed against;
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
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,
On an appeal under this section from a decision of the Registration Appeals Committee, the relevant court may— and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.
dismiss the appeal;
allow the appeal and quash the determination appealed against;
substitute for the determination appealed against any other determination which could have been given or made by the Registration Appeals Committee; or
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,
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Section 1.
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six persons nominated by the Privy Council;
seven persons chosen to represent registered ophthalmic opticians;
three persons chosen to represent registered dispensing opticians;
six persons nominated by the examining bodies mentioned in this Schedule; and
six registered medical practitioners.
The Council shall consist of— The members of the Council shall be appointed by the Privy Council. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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An order under section 1(4) shall include provision with regard to— 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. An order under section 1(4) may include provision with regard to— 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.
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The Council must establish and maintain a system for the declaration and registration of private interests of their members. The Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.
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three shall be nominated by the British College of Optometrists;
two shall be nominated by the Association of British Dispensing Opticians; and
one, who shall be a person engaged in the education or examination of persons training as ophthalmic opticians, shall be nominated jointly by—
the City University;
the University of Aston in Birmingham;
the University of Bradford;
the University of Manchester Institute of Science and Technology;
the University of Wales College of Cardiff; and
the Glasgow College of Technology.
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four shall be ophthalmologists and shall be nominated by the College of Ophthalmologists and one of the four shall be a person appearing to the College to be a suitable person to represent ophthalmologists practising in Scotland;
one shall be a medical practitioner engaged in the pre-clinical training of students and shall be nominated by the Privy Council after consultation with persons or bodies appearing to them to have special knowledge and experience of such training;
one shall be a general medical practitioner nominated by the Privy Council after consultation with organisations appearing to the Privy Council to be representative of the medical profession.
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The registrar shall be appointed by the Council and shall hold and vacate office in accordance with the terms of his appointment.
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. The Council shall, in particular, have power— 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. 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).
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 .
In exercising their functions, the Council shall— 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. 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.
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.
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.
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Section 37. Chapter Short title Extent of repeal 6 & 7 Eliz. 2 c. 32. Opticians Act 1958. The whole Act. 1975 c. 21. Criminal Procedure (Scotland) Act 1975. In Schedule 7A, paragraphs 11 to 13. 1977 c. 45. Criminal Law Act 1977. In Schedule 1, paragraphs 14 to 16. 1977 c. 49. National Health Service Act 1977. In Schedule 15, paragraphs 19 and 20. 1978 c. 29 National Health Service (Scotland) Act 1978. In Schedule 16, paragraph 11. 1981 c. 54. Senior Courts Act 1981 . In Schedule 5, the entry relating to the Opticians Act 1958. 1984 c. 48. Health and Social Security Act 1984. Section 1(1) and (2). Sections 2 to 4. In section 26(6), the words “section 1(1) and (2);” and the words “sections 2 to 4 and Schedule 2;”. Schedule 2. 1985 c. 9. Companies Consolidation (Consequential Provisions) Act 1985. In Schedule 2, the entry relating to the Opticians Act l958. 1988 c. 49. Health and Medicines Act 1988. Section 13(6) and (7). Section 14. In section 26(2), the words “section 14”. In section 27(3), the words “13(6) and (7), 14”.
In this Schedule—
The following are appealable registration decisions for the purposes of this Schedule— 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—
Where an appealable registration decision is made, the person making the decision shall serve on the person concerned notice of— 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.
A person in respect of whom an appealable registration decision has been made may appeal against that decision to the Registration Appeals Committee. An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the registrar. 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. 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. 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— The Registration Appeals Committee considering the appeal may make such inquiries as they consider appropriate. In disposing of an appeal under this paragraph, a Registration Appeals Committee may determine to— 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. The Registration Appeals Committee shall, as soon as reasonably practicable—
Where— the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3) above.
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
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,