Opticians Act 1989

Section 1.

SCHEDULE 1 U.K. Constitution etc. of Council

Membership etc. U.K.

1 U.K. [F1 The Council shall consist of—

(a) [F2 nine] persons nominated by the Privy Council;

(b) [F3 six] persons chosen to represent registered ophthalmic opticians;

(c) [F3 five] persons chosen to represent registered dispensing opticians;

[F4 (d) four persons nominated by the [F5 assessing] bodies mentioned in this Schedule;]

(e) [F2 four] registered medical practitioners.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F2 Words in Sch. 1 para. 1(a)(d)(e) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(a)-(c)

F3 Words in Sch. 1 para. 1(b)(c) substituted (1.1.2002) by S.I. 1998/3117, art. 3(2)(a)(b)

F4 Sch. 1 para. 1(d) substituted (1.1.2002) by S.I. 1998/3117, art. 3(2)(c)

F5 Word in Sch. 1 para. 1(d) 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. 26(2) (with Sch. 2)

2 (1) Subject to sub-paragraph (2) below, any person nominated by the Privy Council under paragraph 1(a) above shall not be— U.K.

[F6 (a) registered in any of the registers maintained by the Council;]

(b) a registered medical practitioner; or

[F7 (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.]

(2) One of the persons so nominated by the Privy Council shall be a person appearing to them to be specially qualified to advise the Council on educational problems generally F8 ....

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F6 Sch. 1 para. 2(1)(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. 26(3)(a)(i) (with Sch. 2)

F7 Sch. 1 para. 2(1)(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. 26(3)(a)(ii) (with Sch. 2)

F8 Words in Sch. 1 para. 2(2) 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. 26(3)(b) (with Sch. 2)

F9 2A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F9 Sch. 1 para. 2A repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 28, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

3 (1) The persons chosen to represent the [F10 registrants] on the Council shall be elected, subject to the provisions of this Schedule relating to casual vacancies, in accordance with the scheme under paragraph 3 of Schedule 1 to the Opticians Act 1958 approved by the Privy Council on 13th May 1974, as that scheme has effect at the commencement of this Act. U.K.

(2) The Council may at any time submit to the Privy Council a scheme for the variation or for the revocation and replacement of the scheme mentioned in sub-paragraph (1) above or any scheme varying or replacing that scheme.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F10 Word in Sch. 1 para. 3(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. 26(4) (with Sch. 2)

4 U.K. Of the persons nominated by the [F11 assessing] bodies—

(a) [F12 two] shall be nominated by [F12 the College of Optometrists];

F13 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (c) one, who shall be a person engaged in the education or [F15 assessment] of persons training as [F16 optometrists], shall be nominated jointly by–

(i) the Anglia Polytechnic University;

(ii) the University of Aston;

(iii) the University of Bradford;

(iv) the City University;

(v) the Glasgow Caledonian University;

(vi) the University of Manchester Institute of Science and Technology;

(vii) the University of Ulster; and

(viii) the University of Wales, Cardiff][F17 ; and

(d) one, who shall be a person engaged in the education or [F15 assessment] of persons training as dispensing opticians, shall be nominated by the Association of British Dispensing Opticians, after consulting–

(i) the Anglia Polytechnic University;

[F18 (ii) the Bradford College;]

(iii) the City and Islington College (City Campus); F19 ...

(iv) the Glasgow Caledonian University][F20 ; and

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

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F11 Word in Sch. 1 para. 4 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. 26(5)(a) (with Sch. 2)

F12 Words in Sch. 1 para. 4(a) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(d)(i)

F13 Sch. 1 para. 4(b) and at the end of that paragraph “and” repealed (1.1.2002) by S.I. 1998/3117, art. 3(2)(d)

F14 Sch. 1 para. 4(c) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(d)(ii)

F15 Word in Sch. 1 para. 4(c)(d) 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. 26(5)(c) (with Sch. 2)

F16 Word in Sch. 1 para. 4(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. 26(5)(b) (with Sch. 2)

F17 Sch. 1 para. 4(d) and the “and” preceding it added (1.1.2002) by S.I. 1998/3117, art. 3(2)(e)

F18 Sch. 1 para. 4(d)(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. 26(5)(d) (with Sch. 2)

F19 Word in Sch. 1 para. 4(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. 26(5)(e)(i) (with Sch. 2)

F20 Sch. 1 para. 4(v) and word 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. 26(5)(e)(ii) (with Sch. 2)

[F21 5 U.K. The four registered medical practitioners on the Council shall be ophthalmologists and shall be nominated by the Royal 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.]

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F21 Sch. 1 para. 5 substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(e)

6 (1) On 1st January 1992, and at the end of each succeeding period of five years commencing on that date, the following members of the Council shall retire, that is to say— U.K.

(a) two of the members nominated by the Privy Council under paragraph 1(a) above, neither of them being the person appointed as specially qualified to advise on educational problems generally;

[F22 (b) those chosen to represent registered optometrists or registered dispensing opticians; and]

(c) the four ophthalmologists nominated by [F23 the Royal College of Ophthalmologists].

(2) [F24 Subject to sub-paragraph (2A) below,] All the members who do not retire under sub-paragraph (1) above shall retire on lst January 1994 and at the end of each succeeding period of five years commencing on that date.

[F25 (2A) The two persons nominated by the Association of British Dispensing Opticians who hold office from 1st January 1999 shall retire at the end of the period of three years commencing on that date.]

(3) Elections or nominations required to fill any vacancy occurring at the end of any period shall, so far as is practicable, be held or made before the end of that period.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F22 Sch. 1 para. 6(1)(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. 26(6) (with Sch. 2)

F23 Words in Sch. 1 para. 6(1)(c) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(f)

F24 Words in Sch. 1 para. 6(2) inserted (1.1.1999) by S.I. 1998/3117, art. 2(2)(g)

F25 Sch. 1 para. 6(2A) inserted (1.1.1999) by S.I. 1998/3117, art. 2(2)(h)

7 (1) A member of the Council may at any time, by notice in writing addressed to the registrar, resign his office. U.K.

(2) Where a casual vacancy occurs among the members of the Council—

(a) if the member whose office has become vacant was chosen to represent registered [F26 optometrists or registered dispensing opticians] , the vacancy shall be filled by a person nominated by the Council as being a person having qualifications for membership similar to that member’s;

(b) in any other case, the vacancy shall be filled by a person nominated by the like authority after the like consultation, if any, as in the case of the member whose office has become vacant.

[F27 (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.]

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F26 Words in Sch. 1 para. 7(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. 26(7)(a) (with Sch. 2)

F27 Sch. 1 para. 7(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. 26(7)(b) (with Sch. 2)

8 (1) The chairman of the Council shall be nominated by the Privy Council from among the members nominated by the Privy Council under paragraph 1(a) above. U.K.

(2) The chairman shall hold office until he next retires from membership of the Council.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

[F28 9 (1) A person who has been chairman of the Council is eligible to be nominated chairman of the Council once more only. U.K.

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

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F28 Sch. 1 para. 9 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. 26(8) (with Sch. 2)

Membership: general U.K.

[F1 1A. (1) The Council shall consist of—

(a) registrant members, that is members who are registered optometrists or registered dispensing opticians; and

(b) lay members, that is members who—

(i) are not and never have been registered in a register, or a director of a body corporate registered in a register, maintained by the Council, and

(ii) do not hold qualifications which would entitle them to apply for registration in one of the registers maintained under section 7 or 8B.

(2) The members of the Council shall be appointed by the Privy Council.

(3) 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.

(4) Before the Privy Council gives a direction to the Appointments Commission under section 60(1) of the Health Act 2006 to exercise any function of the Privy Council relating to the appointment of members of the Council, the Privy Council shall consult the Council.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

Matters for the order of the Privy Council under section 1(4) U.K.

1B. (1) An order under section 1(4) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) 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.

(3) An order under section 1(4) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council;

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

(f) enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as chairman of the Council on the day before the first order under section 1(4) comes into force.

(4) 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.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

Registration of members’ private interests U.K.

1C. (1) The Council must establish and maintain a system for the declaration and registration of private interests of their members.

(2) The Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.]

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

The registrar U.K.

10 U.K. The registrar shall be appointed by the Council and shall hold and vacate office in accordance with the terms of his appointment.

Powers of Council U.K.

11 (1) 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. U.K.

(2) The Council shall, in particular, have power—

(a) to appoint, in addition to a registrar, such officers and servants as the Council may determine;

(b) to pay to the members of the Council or of the Council’s committees such fees for attendance at meetings of the Council or committees and such travelling and subsistence allowances while attending such meetings or while on any other business of the Council as the Council may F29 ... determine;

(c) to pay to their officers and servants such remuneration as the Council may determine;

(d) as regards any officers or servants in whose case they may determine to do so, to pay to or in respect of them such pensions and gratuities, or provide and maintain for them such superannuation schemes (whether contributory or not), as the Council may determine.

(3) The powers of [F30 the Council and] any of the Council’s committees may be exercised notwithstanding any vacancy and no proceedings of [F30 the Council or] a committee shall be invalidated by any defect in the nomination or election of a member.

[F31 (4) 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).]

Textual Amendments

F29 Words in Sch. 1 para. 11(2)(b) 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. 26(9) (with Sch. 2)

F30 Words in Sch. 1 para. 11(3) omitted (9.7.2008 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(3)(a)

F31 Sch. 1 para. 11(4) inserted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(3)(b); S.I. 2008/3150, art. 2(3)(a)(i)

[F32 11A. (1) In exercising their functions, the Council shall— U.K.

(a) have proper regard for—

(i) the interests of persons using or needing the services of registered optometrists, registered dispensing opticians or business registrants in the United Kingdom, and

(ii) any differing interests of different categories of registrants;

(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i) the employment (whether or not under a contract of service) of registered optometrists or registered dispensing opticians,

(ii) the education or training of individual registrants or other health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, and

(v) the provision, supervision or management of health services.

(2) 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.

(3) 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.]

Textual Amendments

F32 Sch. 1 para. 11A inserted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(4); S.I. 2008/3150, art. 2(3)(a)(i)

12 U.K. [F33 Subject to any provision made by or under this Act,] The Council may make standing orders for regulating the proceedings [F34 (including quorum)] of the Council and the proceedings of any of its committees except [F35 the Investigation Committee, the Registration Appeals Committee and the Fitness to Practise Committee] .

Textual Amendments

F33 Words in Sch. 1 para. 12 inserted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(5)(a); S.I. 2008/3150, art. 2(3)(a)(i)

F34 Words in Sch. 1 para. 12 omitted (9.7.2008 for specified purposes) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(5)(b)

F35 Words in Sch. 1 para. 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. 26(10) (with Sch. 2)

[F36 12A. U.K. 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.]

Textual Amendments

F36 Sch. 1 para. 12A 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. 26(11) (with Sch. 2)

[F37 12B. U.K. 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.]

Textual Amendments

F37 Sch. 1 para. 12B inserted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(6); S.I. 2008/3150, art. 2(3)(a)(i)

Power of Privy Council to alter membership of Council etc. U.K.

F38 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 1 para. 13 omitted (9.7.2008) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(c), Sch. 2 para. 6(7)