Opticians Act 1989

Part I The General Optical Council

1 Constitution and functions of the Council.

The Council’s Committees

2 The Education Committee.

3 The Companies Committee

4The Investigation Committee

5 The Registration Committee

5AThe Registration Appeals Committee

5BThe Standards Committee

5CThe Fitness to Practise Committee

5DThe Hearings Panel

6 General power to appoint committees.

6APowers of delegation

Part II Registration and Training of Opticians

The registers and lists

7Registers of opticians.

8Qualifications for being registered.

8ZASection 8: further provision relating to specified state qualifications

8ARegisters of students

8BVisiting opticians from relevant European States: registers

8CVisiting optometrists: entitlement to registration

8DVisiting dispensing opticians: entitlement to registration

9List of bodies corporate carrying on business as opticians.

10General provisions as to registers and lists.

10AIndemnity arrangements for individual registrants and persons applying for their name to be registered

11Publication of registers and proof of registration

Training and Qualifications

11ARequirement for continuing education and training

11BFailure to satisfy requirements imposed under a scheme

12Education and training

13 Supervision of training establishments and qualifying assessments .

PART 2AFITNESS TO PRACTISE

13AThe Council’s duty to provide guidance on fitness to practise

13AAInformation to be provided to specified state professionals

13BThe Council’s power to require disclosure of information

13CNotification and disclosure by the Council

13EProvisions supplementary to section 13D

13FPowers of the Fitness to Practise Committee

13GProvisions supplementary to section 13F

13HFinancial penalty order

13IPower to order immediate suspension etc. after a finding of impairment of fitness to practise

13JRemoval from a register on grounds of fraud or error

13KRestoration of names to a register

13LInterim orders

13MProvisions supplementary to section 13L

Part III Disciplinary Proceedings

14 Disciplinary orders.

15 Suspension orders.

16 Penalty orders.

17 Powers of Disciplinary Committee.

18 Restoration of names erased as result of disciplinary cases etc.

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

20 Service of notifications.

21 Procedure of Disciplinary Committee.

22 Assessors to Disciplinary Committee.

23 Appeals in disciplinary and other cases.

PART 3APROCEEDINGS AND APPEALS

23AService of notification

23BProcedure of Fitness to Practise Committee and Registration Appeals Committee

23CPowers of the Council to make rules

23DLegal advisers

23EOther advisers

23FRegistration appeals

23GAppeals from the Registration Appeals Committee and the Fitness to Practise Committee

23HDate decision takes effect

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

24 Testing of sight.

25 Fitting of contact lenses.

26 Duties to be performed on sight testing.

27 Sale and supply of optical appliances.

28 Penalty for pretending to be registered etc.

29 Provision as to death or bankruptcy of registered optician.

30 Offences by bodies corporate.

30ALegal proceedings

Part V Miscellaneous And Supplementary

31 Miscellaneous matters with respect to which rules may be made.

32 Expenses and accounts of the Council.

32AAnnual reports, statistical reports and strategic plans

33 Default powers of Privy Council.

34 Subordinate legislation procedure.

35 Privy Council quorum and documents.

36Interpretation.

37 Consequential amendments and repeals.

38 Commencement.

39 Short title and extent.

SCHEDULE 1 Constitution etc. of Council

Membership etc.

1AMembership: general

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

1CRegistration of members’ private interests

1The Council shall consist of— (a) nine persons nominated by...

2(1) Subject to sub-paragraph (2) below, any person nominated by...

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

3(1) The persons chosen to represent the registrants on the...

4Of the persons nominated by the assessing bodies—

5The four registered medical practitioners on the Council shall be...

6(1) On 1st January 1992, and at the end of...

7(1) A member of the Council may at any time,...

8(1) The chairman of the Council shall be nominated by...

9(1) A person who has been chairman of the Council...

10The registrar shall be appointed by the Council and shall...

Powers of Council

11(1) Subject to the following provisions of this Schedule, the...

11A(1) In exercising their functions, the Council shall—

12Subject to any provision made by or under this Act,...

12ARules under section 2(2), 3(2), 4(3), 5(2), 5A(3), 5B(2) and...

12BRules under sections 2 to 5D may make provision for...

Power of Privy Council to alter membership of Council etc.

13(1) Subject to sub-paragraph (2) below, the Privy Council may...

SCHEDULE 1AREGISTRATION APPEALS

1Interpretation

2Appealable registration decisions

3Notice of appealable registration decisions

4Appeals from an appealable registration decision

5Extension of time for appealing

SCHEDULE 2 Repeals

Royal arms

Opticians Act 1989

1989 CHAPTER 44

An Act to consolidate certain enactments relating to opticians with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[16th November 1989]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—