The Health Professions (Hearing Aid Dispensers) Order 2010

Amendments to the 2001 Order

7.—(1) The 2001 Order is amended as follows.

(2) In article 13 (transitional provisions relating to admission to the register)—

(a) in paragraph (1), for “This article applies to a person” substitute “This paragraph applies to a person who is not a person specified in paragraph (1A)”;

(b) after paragraph (1), insert—

“(1A) This paragraph applies to a person who applies for admission to the register as a hearing aid dispenser on or after 1st April 2010.”;

(c) in paragraph (2), for “this article” substitute “paragraph (1)”.

(3) After article 39 insert—

“Offence: hearing aid dispensers

39A.— (1) Subject to paragraph (2), a person who is not a registered hearing aid dispenser must not perform the functions of a dispenser of hearing aids.

(2) Paragraph (1) does not apply where the person performing those functions is—

(a) registered in the Specialist Register as having a specialty in otolaryngology, oto rhino laryngology or ENT surgery; or

(b) performing them as part of a course of education or training approved by the Council under article 15(5)(a) for persons wishing to become registered hearing aid dispensers or as part of an examination so approved.

(3) Any person who contravenes paragraph (1) is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(4) In this article—

“registered hearing aid dispenser” means a person who is registered in the register as a hearing aid dispenser;

“the Specialist Register” means the register of that name kept by the General Medical Council.”.

(4) In paragraph 1A of Schedule 1(1) (the Health Professions Council and committees: membership)—

(a) in sub-paragraph (1)(b)(i), for “or the BPS register” substitute “, the BPS register or the HAC register”;

(b) after sub-paragraph (1), insert—

“(1A) In sub-paragraph (1), “the HAC Register” means the register of dispensers of hearing aids maintained by the Hearing Aid Council under section 2(1)(a) of the Hearing Aid Council Act 1968.”.

(5) In Schedule 3 (interpretation)—

(a) in paragraph 1, in the definition of “relevant professions”, after “dietitians;”, insert “hearing aid dispensers;”;

(b) after paragraph 1, insert—

“1A.— (1) For the purposes of this Order, a person (“P”) performs the functions of a dispenser of hearing aids if P—

(a) assesses or tests an individual’s hearing; or

(b) prescribes a hearing aid for an individual,

with a view to the sale, whether by P or another, of a hearing aid to, or for the use of, that individual and “hearing aid dispenser” shall be construed accordingly.

(2) In sub-paragraph (1)—

“hearing aid” means an electronic device, designed to be placed outside or within the ear, which processes and amplifies sounds using electro-acoustic or electro-magnetic systems in order to compensate for hearing loss;

“sale” means supply by way of retail sale or by way of hire but does not include a sale to a person acquiring for the purposes of trade.”.

(1)

Paragraph 1A is inserted by S.I.2009/1182.