The Opticians Act 1989 (Amendment) Order 2005

Amendment of Schedule 1

26.—(1) Schedule 1 (constitution etc. of the Council) is amended as follows.

(2) In paragraph 1(d), for the word “examining” substitute “assessing”.

(3) In paragraph 2—

(a) in sub-paragraph (1)—

(i) for paragraph (a), substitute—

“(a) registered in any of the registers maintained by the Council;”, and

(ii) for paragraph (c), substitute—

“(c) a director of a body corporate registered in the register of bodies corporate maintained by the Council under section 9(1) of this Act.”; and

(b) in sub-paragraph (2), omit the words “and may be” to the end.

(4) In paragraph 3(1) for the words “registered ophthalmic or dispensing opticians” substitute “registrants”.

(5) In paragraph 4—

(a) for the word “examining” substitute “assessing”;

(b) in sub-paragraph (c), for the words “ophthalmic opticians” substitute “optometrists”;

(c) in sub-paragraphs (c) and (d), for the word “examination” substitute “assessment”;

(d) for sub-paragraph (d)(ii), substitute—

“(ii) the Bradford College;”; and

(e) in sub-paragraph (d)—

(i) after the words “City and Islington College (City Campus)” omit “and”; and

(ii) at the end add—

“; and

(v) the Association of British Dispensing Opticians College.”.

(6) For paragraph 6(1)(b), substitute—

“(b) those chosen to represent registered optometrists or registered dispensing opticians; and”.

(7) In paragraph 7—

(a) in sub-paragraph (2)(a), for the word “opticians” substitute “optometrists or registered dispensing opticians”; and

(b) for sub-paragraph (3), substitute—

“(3) A person nominated to fill a vacancy—

(a) under sub-paragraph (2)(a) above shall hold office until the date on which the term of office of the person whose vacancy he fills would have expired; and

(b) under sub-paragraph (2)(b) above shall hold office for a period of five years commencing on the date of his appointment.”.

(8) For paragraph 9 substitute—

“9.— (1) A person who has been chairman of the Council is eligible to be nominated chairman of the Council once more only.

(2) A person who has been a member is eligible to be again nominated or elected as a member.”.

(9) In paragraph 11(2)(b), omit the words “with the approval of the Privy Council”.

(10) In paragraph 12, for the words “the Disciplinary Committee” substitute “the Investigation Committee, the Registration Appeals Committee and the Fitness to Practise Committee”.

(11) After paragraph 12, insert—

“12A.   Rules under section 2(2), 3(2), 4(3), 5(2), 5A(3), 5B(2) and 5C(3) above may make provision as to quorum.”.

(12) In paragraph 13(3), for the words “registered opticians” substitute “registered optometrists and registered dispensing opticians”.