Opticians Act 1989

Part II U.K. Registration and Training of Opticians

The registers and lists U.K.

7 Registers of opticians. U.K.

The Council shall continue to maintain—

[F1 (a) a register of optometrists; and]

(b) a register of dispensing opticians,

each containing the [F2 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.

Textual Amendments

F1 S. 7(a) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 7(1)(a)(2) (with Sch. 2)

F2 Words in s. 7 substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 7(1)(b)(2) (with Sch. 2)

8 Qualifications for being registered. U.K.

[F3 (1) A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—

(a) holds a qualification—

(i) as an optometrist or a dispensing optician;

(ii) which, at the time it was granted, was approved by the Council under section 12(7)(b) below; and

(iii) 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;

(b) has had adequate practical experience in the work of an optometrist or a dispensing optician; and

(c) is a fit person to practise as an optometrist or a dispensing optician.

(1A) A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—

[F4 (a) is an exempt person;

(b) is permitted to pursue the profession of optometrist or dispensing optician in the United Kingdom by virtue of Part 3 of the General Systems Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and]

(c) is a fit person to practise as an optometrist or a dispensing optician.

(2) Subject to subsection (2A), a person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—

(a) holds a qualification as an optometrist or as a dispensing optician granted outside the United Kingdom;

(b) has had adequate practical experience in the work of an optometrist or a dispensing optician; and

(c) is a fit person to practise as an optometrist or a dispensing optician.

(2A) 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—

(a) obtain such qualification, approved in accordance with section 12(7)(b) below; or

(b) pass such test, approved in accordance with section 12(7)(c) below,

as they consider appropriate.]

(3) 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.

(4) Any person who on an application made not later than lst June 1961 satisfied the Council—

(a) that on the date of his application he held a qualification as an [F5 optometrist] or dispensing optician recognised by them for the purposes of this subsection; and

(b) that he had had adequate practical experience in the work of an [F6 optometrist] or dispensing optician; and

(c) that he was of good character,

shall be entitled to be registered in the appropriate register.

(5) Any person who on an application made after lst June 1961 but before this Act came into force satisfied the Council—

(a) that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and

(b) that he had had adequate practical experience in the work of an [F7 optometrist] or dispensing optician; and

(c) that he was of good character,

shall be entitled to be registered in the appropriate register.

(6) Any person who on an application made after this Act comes into force satisfies the Council—

(a) that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and

(b) that he has had adequate practical experience in the work of an [F8 optometrist] or dispensing optician; and

[F9 (c) that he is a fit person to practise as an optometrist or a dispensing optician,]

shall be entitled to be registered in the appropriate register.

(7) In the case of a person whose qualifications (including experience) are appropriate for [F10 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.

[F11 (8) A person may have his name in both the register of dispensing opticians and the register of those undertaking training as optometrists.

(8A) Except as provided in subsection (8) above, a person may not have his name in more than one register.]

(9) 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.

F12 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 8(1)-(2A) substituted for s. 8(1) (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(2) (with Sch. 2)

F4 S. 8(1A)(a)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 179(a)

F5 Word in s. 8(4)(a) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(3) (with Sch. 2)

F6 Word in s. 8(4)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(4) (with Sch. 2)

F7 Word in s. 8(5)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(4) (with Sch. 2)

F8 Word in s. 8(6)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(4) (with Sch. 2)

F9 S. 8(6)(c) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(5) (with Sch. 2)

F10 Words in s. 8(7) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(6) (with Sch. 2)

F11 S. 8(8)(8A) substituted for s. 8(8) (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 8(7) (with Sch. 2)

F12 S. 8(10) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 179(b)

[F13 8A. Registers of students U.K.

(1) The Council shall maintain a register of persons undertaking training as optometrists and a register of persons undertaking training as dispensing opticians.

(2) 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.

(3) 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—

(a) he is undertaking, or will be undertaking, training provided by an approved training establishment; or

(b) he is obtaining, or will be obtaining, practical experience in the work of—

(i) an optometrist under the supervision of a registered medical practitioner or a registered optometrist; or

(ii) a dispensing optician under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician.

(4) 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.

(5) 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.]

Textual Amendments

F13 S. 8A inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 9 (with Sch. 2)

[F14 8B. Visiting opticians from relevant European States: registers U.K.

(1) The Council shall establish and maintain—

(a) a register of visiting optometrists from relevant European States; and

(b) a register of visiting dispensing opticians from relevant European States.

(2) The Council may prescribe particulars to be entered in the registers mentioned in subsection (1).

Textual Amendments

F14 Ss. 8B-8D inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 180

8C. Visiting optometrists: entitlement to registration U.K.

(1) This section applies to an exempt person (“O”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by optometrists.

(2) Subsection (3) applies if O has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis (O having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by O of services as an optometrist).

(3) O is entitled to be registered in the register of visiting optometrists from relevant European States; and the registrar shall give effect to the entitlement.

(4) If O is entitled under subsection (3) to be registered in the register of visiting optometrists from relevant European States but is not registered in that register, O shall be treated as being registered in that register.

(5) O’s entitlement under subsection (3) ceases if O ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) O’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b) O’s name is registered in the register of visiting optometrists from relevant European States,

the registrar may remove O’s name from that register.

(7) Subsection (8) applies if—

(a) O’s establishment in State A is subject to a condition relating to O’s practice of the profession pursued in the United Kingdom by optometrists;

(b) O’s name is registered in the register of visiting optometrists from relevant European States; and

(c) for any of the purposes of this Act it falls to be decided whether O’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by O during the course of the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting optometrists from relevant European States, of any other provision of this Act under which a registered optometrist’s name may be removed or erased from that register or under which a registered optometrist’s registration in that register may be suspended.

Textual Amendments

F14 Ss. 8B-8D inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 180

8D. Visiting dispensing opticians: entitlement to registration U.K.

(1) This section applies to an exempt person (“D”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by dispensing opticians.

(2) Subsection (3) applies if D has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis (D having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by D of services as a dispensing optician).

(3) D is entitled to be registered in the register of visiting dispensing opticians from relevant European States; and the registrar shall give effect to the entitlement.

(4) If D is entitled under subsection (3) to be registered in the register of visiting dispensing opticians from relevant European States but is not registered in that register, D shall be treated as being registered in that register.

(5) D’s entitlement under subsection (3) ceases if D ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis.

(6) If—

(a) D’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b) D’s name is registered in the register of visiting dispensing opticians from relevant European States,

the registrar may remove D’s name from that register.

(7) Subsection (8) applies if—

(a) D’s establishment in State A is subject to a condition relating to D’s practice of the profession pursued in the United Kingdom by dispensing opticians;

(b) D’s name is registered in the register of visiting dispensing opticians from relevant European States; and

(c) for any of the purposes of this Act it falls to be decided whether D’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by D during the course of the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting dispensing opticians from relevant European States, of any other provision of this Act under which a registered dispensing optician’s name may be removed or erased from that register or under which a registered dispensing optician’s registration in that register may be suspended.]

Textual Amendments

F14 Ss. 8B-8D inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 180

9 List of bodies corporate carrying on business as opticians. U.K.

[F15 (1) 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.]

(2) Subject to subsection (3) below, a body corporate shall be entitled to be [F16 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—]

(a) if it satisfies the Council that a majority of its directors are [F17 registered optometrists or registered dispensing opticians] or, in the case of a body corporate having only one director, that he is [F17 a registered optometrist or registered dispensing optician] ;

(b) 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 [F18 registered] by virtue of this paragraph;

(c) if it satisfies the Council—

(i) 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

(ii) that so much of its business as consists of the testing of sight is carried on under the management of a registered [F19 optometrist] ; and

(iii) 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 [F20 optometrist or registered dispensing optician] ; or

(d) if—

(i) it is a society registered under the M1 Industrial and Provident Societies Act 1965 or the M2 Industrial and Provident Societies Act (Northern lreland) 1969; and

(ii) 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.

(3) A body corporate shall not be entitled to be [F21 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—

(a) been removed from one of the health service ophthalmic lists by direction of a health service tribunal; or

[F22 (b) been the subject of an order for erasure from the register maintained under subsection (1) above.]

Textual Amendments

F15 S. 9(1) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(2) (with art. 10(5), Sch. 2)

F16 Words in s. 9(2) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(3)(a) (with art. 10(5), Sch. 2)

F17 Words in s. 9(2)(a) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(3)(b) (with art. 10(5), Sch. 2)

F18 Word in s. 9(2)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(3)(c) (with art. 10(5), Sch. 2)

F19 Word in s. 9(2)(c)(ii) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(3)(d) (with art. 10(5), Sch. 2)

F20 Words in s. 9(2)(c)(iii) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(3)(e) (with art. 10(5), Sch. 2)

F21 Word in s. 9(3) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(4)(a) (with art. 10(5), Sch. 2)

F22 S. 9(3)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 10(4)(b) (with art. 10(5), Sch. 2)

Marginal Citations

M1 1965 c.12.

M2 1969 c.24. (N.I.)

10 General provisions as to registers and lists. U.K.

(1) The Council may make rules with respect to the form and keeping of the registers F23 ... and the making of entries and alterations in them and, in particular—

(a) regulating the making of applications for registration F24 ... or for transfer from one register F24 ... to another, and providing for the evidence to be produced in support of any such application;

[F25 (b) providing for—

(i) 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

(ii) the removal from the appropriate register of the name of the registrant if he fails to notify the Council of any such change;

(c) [F26 subject to subsection (1ZA), prescribing] —

(i) a fee to be charged;

(ii) information to be provided to the Council; and

(iii) the time within which the fee is to be paid and the information provided,

for the entry or retention of a name in, or the restoration of a name to, a register;]

F27 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) providing for the entry in the register of qualifications (whether or not approved under [F28 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;

[F29 (f) 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;

(ff) 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;]

(g) prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the registers F30 ....

[F31 (1ZA) Rules under subsection (1) may not make provision for the payment of fees in connection with registration in a register maintained under section 8B.]

[F32 (1A) The Council may make rules—

(a) specifying specialties or levels of proficiency which a registered optometrist or registered dispensing optician may be permitted to register;

(b) 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;

(c) 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;

(d) applying with or without modification rules made under subsection (1) above to specialties and proficiencies;

(e) 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

(f) 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.]

(2) On registering the death of [F33 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.

F34 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35 (5) The Council may make rules providing for—

(a) the communication of documents in electronic form to the Council; and

(b) the electronic storage of documents communicated to the Council whether or not in electronic form.]

Subordinate Legislation Made

P1 S.10: power exercised by S.I. 1991/79 and for previous exercises of this power see Index to Government Orders

Textual Amendments

F23 Words in s. 10(1) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(a) (with Sch. 2)

F24 Words in s. 10(1)(a) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(b) (with Sch. 2)

F25 S. 10(1)(b)(c) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(c) (with Sch. 2)

F26 Word in s. 10(1)(c) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 181(a)

F27 S. 10(1)(d) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(d) (with Sch. 2)

F28 Words in s. 10(1)(e) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(e) (with Sch. 2)

F29 S. 10(1)(f)(ff) substituted for s. 10(1)(f) (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(f) (with Sch. 2)

F30 Words in s. 10(1)(g) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(g) (with Sch. 2)

F31 S. 10(1ZA) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 181(b)

F32 S. 10(1A) inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(3) (with Sch. 2)

F33 Words in s. 10(2) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(4) (with Sch. 2)

F34 S. 10(3)(4) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(5) (with Sch. 2)

F35 S. 10(5) added (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(6) (with Sch. 2)

[F36 10A. Insurance for individual registrants and persons applying for their name to be registered U.K.

(1) A registered optometrist or registered dispensing optician must be covered by adequate and appropriate insurance throughout the period during which he is registered in the appropriate register.

(2) A registered optometrist or registered dispensing optician seeking retention of his name in the register must supply to the Council evidence that he is covered by insurance as specified in subsection (1) above.

(3) A person seeking registration or restoration of his name in the register of optometrists or dispensing opticians must supply the Council with evidence that, if his name were to be entered in the appropriate register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so entered.

(4) The Council may at any other time require a registered optometrist or registered dispensing optician to supply evidence that he is covered by adequate and appropriate insurance.

(5) The Council may make rules specifying the types and amounts of insurance they consider to be adequate and appropriate for the purposes of this section.

(6) A registered optician or registered dispensing optician, or a person seeking registration as an optometrist or a dispensing optician, must inform the Council forthwith if he is no longer covered by insurance which meets the requirements of this section.

[F37 (6A) Subsections (1) to (6) do not apply in relation to persons who are registered, or who are seeking registration, in a register maintained under section 8B.]

(7) If a person fails to comply with the requirements of this section, the registrar may—

(a) refuse to register his name in the appropriate register;

(b) refuse to retain his name in the appropriate register;

(c) refuse to restore his name to the appropriate register; or

(d) remove his name from the appropriate register,

under section 10(1)(f) or (ff) above, or refer the matter to the Investigation Committee for investigation under section 13D(5) below as if the failure to comply with the requirements of this section constituted an allegation of misconduct for the purposes of section 13D(2)(a) below.

(8) In this section, “insurance” means—

(a) a policy of insurance providing cover for liabilities which may be incurred in carrying out work as a registered optometrist or registered dispensing optician; and

(b) an arrangement made for the purposes of indemnifying the person concerned against such liabilities.]

Textual Amendments

F36 S. 10A inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 12 (with Sch. 2)

F37 S. 10A(6A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 182

[F38 11 Publication of registers and proof of registration U.K.

(1) The Council shall publish from time to time information from each register in such form (including electronic form) as they consider appropriate.

(2) The information published by the Council shall include—

(a) 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;

(b) the number assigned to the person or body on the appropriate register; and

(c) such other particulars (if any) as the Council may direct in relation to registrants or a particular class of registrants.

(3) 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.

(4) The registrar may issue a certificate that—

(a) a person’s or body’s name is in the appropriate register;

(b) a person’s or body’s name is not in the appropriate register;

(c) a person’s or body’s name was in the appropriate register at a specified date or during a specified period;

(d) a person’s or body’s name was not in the appropriate register at a specified date or during a specified period; or

(e) a person’s or body’s name has never been in the appropriate register.

(5) A certificate issued under subsection (4) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.

(6) 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.]

Textual Amendments

F38 S. 11 substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 13 (with Sch. 2)

Training and Qualifications U.K.

[F39 11A. Requirement for continuing education and training U.K.

(1) The Council may by rules make a scheme providing for the continuing education and training of—

(a) registered optometrists and registered dispensing opticians; and

(b) others who have been but who are not so registered and who seek registration, whether by way of restoration or otherwise.

(2) Such a scheme may in particular—

(a) impose requirements on persons to whom the scheme applies for continuing education and training;

(b) provide for a person appointed by the Council (“the administrator”) to administer the scheme;

(c) 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;

(d) 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;

(e) 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

(f) 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.

(3) The rules may require the administrator to secure the provision of education and training—

(a) sufficient in quantity to meet the reasonable needs of persons to whom the scheme applies; and

(b) of a quality adequate to meet those needs.

(4) The rules may—

(a) require persons (“providers”) who seek to provide education and training for persons to whom the scheme applies to apply to the administrator for approval;

(b) 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;

(c) provide for the charging of fees by the administrator for approval by him;

(d) set the level of fees required to be paid for approval by the administrator and to provide for the collection of fees due;

(e) require the keeping of records by providers and specify the period for which those records must be kept;

(f) 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;

(g) specify the procedures which must be followed by providers seeking approval under the rules; and

(h) enable the Council to exercise in specified circumstances any of the administrator’s functions.

[F40 (5) Subsection (6) circumscribes the power under subsection (1) in relation to a person (“P”)—

(a) who is a registered optometrist only as a result of being in the register of visiting optometrists from relevant European States, or

(b) who is a registered dispensing optician only as a result of being in the register of visiting dispensing opticians from relevant European States.

(6) A scheme made by rules under subsection (1)—

(a) may not impose requirements on P if P is required to undertake, in P’s home State, continuing education and training in relation to the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be); and

(b) where it imposes requirements on P—

(i) shall take account of the fact that P is fully qualified to pursue that profession in P’s home State, and

(ii) shall specify that continuing education and training which P is required to undertake by the requirements may be undertaken outside the United Kingdom.

(7) In subsection (6) “home State”, in relation to P, means the relevant European State in which P is lawfully established in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).]

Textual Amendments

F39 Ss. 11A, 11B inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 14 (with Sch. 2)

F40 S. 11A(5)-(7) added (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 183

11B. Failure to satisfy requirements imposed under a scheme U.K.

(1) 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—

(a) remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s name; or

(b) refuse to restore the person’s name to the appropriate register.

[F41 (1A) Subsection (1B) circumscribes the power under subsection (1) in relation to a person (“P”)—

(a) who is a registered optometrist only as a result of being in the register of visiting optometrists from relevant European States, or

(b) who is a registered dispensing optician only as a result of being in the register of visiting dispensing opticians from relevant European States.

(1B) A power under subsection (1)(a) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, exercise of the power is an appropriate and proportionate sanction in view of P’s continued lawful establishment in P’s home State in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).

(1C) In subsection (1B) “home State”, in relation to P, means the relevant European State in which P is lawfully established in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).]

(2) 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—

(a) remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s entry relating to a specialty or proficiency; or

(b) refuse to restore the registrant’s entry relating to a specialty or proficiency in the appropriate register.

(3) 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.

(4) 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—

(a) subsequently satisfies the registrar that he has met the requirements provided for under the scheme as to continuing education and training; and

(b) meets the other requirements for registration,

the registrar must restore his registration.

(5) 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—

(a) subsequently satisfies the registrar that he has now met the requirements for additional education and training; and

(b) 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 registrar must make the entry.

(6) The Council may make rules as to the procedures to be followed before the registrar—

(a) may refuse under this section—

(i) to retain in the register the name of a person; or

(ii) to retain in the register an entry relating to a specialty or proficiency; or

(b) 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.]

Textual Amendments

F39 Ss. 11A, 11B inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 14 (with Sch. 2)

F41 S. 11B(1A)-(1C) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 184

[F42 12 Education and training U.K.

(1) The Council shall from time to time establish—

(a) 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

(b) the content and the standard of education and training (including practical experience) required for the purpose of achieving those competencies.

(2) The Council must consult and seek advice from—

(a) the Standards Committee before establishing the competencies specified in subsection (1)(a) above;

(b) the Education Committee before establishing the requirements specified in subsection (1)(b) above.

(3) 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.

(4) The Standards Committee and the Education Committee—

(a) must respectively keep under review the competencies and requirements established under subsection (1) above; and

(b) must each advise the Council if they consider changes to be necessary.

(5) 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.

(6) 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—

(a) the competencies and requirements established under subsections (1) and (5) above; and

(b) the requirements for the approval of any form of assessment under subsection (7)(b) below.

(7) The Council may approve—

(a) 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;

(b) 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

(c) 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.

(8) If—

(a) an establishment referred to in subsection (7)(a) above is outside the United Kingdom; or

(b) a qualification referred to in subsection (7)(b) above is granted by an establishment which is outside the United Kingdom,

the Council may, before determining whether to give their approval, commission others to advise and report on the suitability of the establishment or qualification.

(9) The Council may also approve—

(a) establishments which provide only some of the education or training; or

(b) qualifications which meet only some of the requirements,

needed to achieve the competencies referred to in subsection (1)(a) above.

(10) 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.

(11) 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.]

Textual Amendments

F42 S. 12 substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 15 (with Sch. 2)

13 Supervision of training [F43 establishments] and qualifying [F44 assessments] . U.K.

(1) It shall be the duty of the Council to keep themselves informed of the nature of the instruction given by any approved training [F43 establishment] to persons training as [F45 optometrists or dispensing opticians] and of the [F46 assessments] on the results of which approved qualifications are granted.

(2) For the purposes of their duty under subsection (1) above the Council may appoint persons to visit approved training [F43 establishments] and to attend at the [F46 assessments] held by the bodies which grant approved qualifications.

(3) No visitor shall interfere with the giving of any instruction or the holding of any [F47 assessment] .

(4) It shall be the duty of visitors to report to the Council—

(a) as to the sufficiency of the instruction given by the [F43 establishments] visited by them, or of the [F48 assessments] attended by them; and

(b) as to any other matters relating to such [F43 establishments] or [F48 assessments] which may be specified by the Council either generally or in any particular case.

(5) Where it appears to the Council (as a result of a report under subsection (4) above or otherwise)—

(a) that—

(i) the instruction given by any approved training [F43 establishment] to persons training as [F49 optometrists or dispensing opticians] ; or

(ii) the [F50 assessment undertaken] by such persons,

are not such as to secure the possession by them of adequate knowledge and skill for the practice of their profession; and

(b) that for that reason the approval of the [F43 establishment] or qualification in question should be withdrawn,

the Council shall give notice in writing to the [F43 establishment] or body of their opinion, sending with the notice a copy of any report on which their opinion is based.

[F51 (5A) 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.]

(6) On the receipt of the notice the [F43 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.

(7) 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 [F43 establishment] or qualification, taking into account any observations or objections duly made under that subsection.

(8) The Council shall give notice in writing of any decision under this section to withdraw approval of an [F43 establishment] or qualification to the [F43 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 [F43 establishment] or body makes representations with respect to the decision to the Privy Council, until the representations are finally dealt with.

(9) Where an [F43 establishment] has been approved as suitable for more than one purpose, the Council, instead of entirely withdrawing approval of the [F43 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.

(10) Where the Council have decided to withdraw approval of an [F43 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 [F43 establishment] approved as suitable for more than one purpose, to withdraw approval in relation to one or some of the purposes only.

(11) 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 F52 ... determine.

Textual Amendments

F43 Words in s. 13 substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(a) (with Sch. 2)

F44 Word in s. 13 heading substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(c) (with Sch. 2)

F45 Words in s. 13(1) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(b) (with Sch. 2)

F46 Word in s. 13(1)(2) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(c) (with Sch. 2)

F47 Word in s. 13(3) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(d) (with Sch. 2)

F48 Word in s. 13(4)(a)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(c) (with Sch. 2)

F49 Words in s. 13(5)(a)(i) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(b) (with Sch. 2)

F50 Words in s. 13(5)(a)(ii) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(e) (with Sch. 2)

F51 S. 13(5A) inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(f) (with Sch. 2)

F52 Words in s. 13(11) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 1(g) (with Sch. 2)