Opticians Act 1989

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Constitution etc. of Council

Membership etc. U.K.

1 U.K. The Council shall consist of—

(a) [F1 nine] persons nominated by the Privy Council;

(b) [F2 six] persons chosen to represent registered ophthalmic opticians;

(c) [F2 five] persons chosen to represent registered dispensing opticians;

[F3 (d) four persons nominated by the [F4 assessing] bodies mentioned in this Schedule;]

(e) [F1 four] registered medical practitioners.

Textual Amendments

F1 Words in Sch. 1 para. 1(a)(d)(e) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(a)-(c)

F2 Words in Sch. 1 para. 1(b)(c) substituted (1.1.2002) by S.I. 1998/3117, art. 3(2)(a)(b)

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

F4 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.

[F5 (a) registered in any of the registers maintained by the Council;]

(b) a registered medical practitioner; or

[F6 (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 F7 ....

Textual Amendments

F5 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)

F6 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)

F7 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)

[F8 2A (1) This paragraph applies if, under section 187 of the Health and Social Care (Community Health and Standards) Act 2003, the Secretary of State has given a direction to a Special Health Authority to exercise any function of a Minister of the Crown relating to the making of appointments to a body mentioned in that section. U.K.

(2) The Privy Council may direct the Special Health Authority to exercise to the extent specified in the direction—

(a) its functions under paragraphs 1 and 2 in relation to the nomination of persons to be members of the Council;

(b) its functions under paragraph 8 in relation to the nomination of the Chairman of the Council.]

Textual Amendments

F8 Sch. 1 para. 2A inserted (19.10.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 12 para. 4; S.I. 2004/2626, art. 2

3 (1) The persons chosen to represent the [F9 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

F9 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 [F10 assessing] bodies—

(a) [F11 two] shall be nominated by [F11 the College of Optometrists];

F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 (c) one, who shall be a person engaged in the education or [F14 assessment] of persons training as [F15 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][F16 ; and

(d) one, who shall be a person engaged in the education or [F14 assessment] of persons training as dispensing opticians, shall be nominated by the Association of British Dispensing Opticians, after consulting–

(i) the Anglia Polytechnic University;

[F17 (ii) the Bradford College;]

(iii) the City and Islington College (City Campus); F18 ...

(iv) the Glasgow Caledonian University][F19 ; and

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

Textual Amendments

F10 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)

F11 Words in Sch. 1 para. 4(a) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(d)(i)

F12 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)

F13 Sch. 1 para. 4(c) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(d)(ii)

F14 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)

F15 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)

F16 Sch. 1 para. 4(d) and the “and” preceding it added (1.1.2002) by S.I. 1998/3117, art. 3(2)(e)

F17 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)

F18 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)

F19 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)

[F20 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

F20 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;

[F21 (b) those chosen to represent registered optometrists or registered dispensing opticians; and]

(c) the four ophthalmologists nominated by [F22 the Royal College of Ophthalmologists].

(2) [F23 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.

[F24 (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

F21 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)

F22 Words in Sch. 1 para. 6(1)(c) substituted (1.1.1999) by S.I. 1998/3117, art. 2(2)(f)

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

F24 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 [F25 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.

[F26 (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

F25 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)

F26 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.

[F27 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

F27 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)

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 F28 ... 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 the Council and any of the Council’s committees may be exercised notwithstanding any vacancy and no proceedings of the Council or a committee shall be invalidated by any defect in the nomination or election of a member.

Textual Amendments

F28 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)

12 U.K. The Council may make standing orders for regulating the proceedings (including quorum) of the Council and the proceedings of any of its committees except [F29 the Investigation Committee, the Registration Appeals Committee and the Fitness to Practise Committee] .

Textual Amendments

F29 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)

[F30 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

F30 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)

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

13 (1) Subject to sub-paragraph (2) below, the Privy Council may by order, after consultation with the Council and any other body or person they think fit to consult, make such alterations in the membership of the Council as may be expedient in view of changes in circumstances, and may make consequential alterations in relation to the committees which this Act requires the Council to maintain and consequential amendments to this Schedule. U.K.

(2) In sub-paragraph (1) above “alterations in the membership of the Council” means alterations—

(a) as to the numbers of members;

(b) as to the qualifications which a person must have to be a member; and

(c) as to who may nominate members.

(3) An order under this paragraph shall not operate to reduce below seven the number of members chosen to represent [F31 registered optometrists and registered dispensing opticians] on the Council.

(4) An order under this paragraph may revoke any previous order made under this paragraph or paragraph 13 of Schedule 1 to the M1 Opticians Act 1958 if it appears to the Privy Council, after such consultation as is mentioned in sub-paragraph (1) above, that the order ought to be revoked.

Textual Amendments

F31 Words in Sch. 1 para. 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), art. 26(12) (with Sch. 2)

Marginal Citations

M1 1958 c.32.

[F32 SCHEDULE 1A U.K. REGISTRATION APPEALS

Textual Amendments

F32 Sch. 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. 27 (with Sch. 2)

Interpretation U.K.

1. In this Schedule—

• “appealable registration decision” is to be construed in accordance with paragraph 2 below;

• “person concerned” means a person in respect of whom an appealable registration decision is made or, as the case may be, an applicant in respect of whom paragraph 3(2) below applies;

• “person making the decision” means the registrar or, as the case may be, the Council;

• “the requisite period” means the period of three months beginning with the date there is in the possession of the registrar or, as the case may be, the Council, sufficient information to make a decision of a kind specified in paragraphs (a) to (h) of paragraph 2(1) below;

• “relevant court” mean the county court or, in Scotland, the sheriff; and

• “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person concerned.

Appealable registration decisions U.K.

2. (1) The following are appealable registration decisions for the purposes of this Schedule—

(a) a decision by the Council on an application made under section 8 above not to register the applicant in the appropriate register;

(b) a decision by the Council on an application made under section 8A above not to register the applicant in the appropriate register;

(c) a decision of the Council under rules made in accordance with section 8A(5) above to remove a registrant from the register maintained under section 8A above;

(d) a decision by the Council on an application made by a body corporate under section 9 above not to register that body in the register of bodies corporate;

(e) a decision of the registrar under rules made in accordance with section 10(1A) above—

(i) refusing an application for an entry or refusing to retain an entry in the appropriate register; or

(ii) removing or restoring a person’s entry in the appropriate register;

(f) a decision of the registrar under rules made in accordance with section 10(1)(b), (f) or (ff) above to remove a person’s name from the appropriate register or to refuse to retain his name in, or restore his name to, it;

(g) a decision of the registrar removing the registrant’s name from, or refusing to retain the registrant’s name in, the appropriate register in accordance with section 11B(1)(a) above, or removing or refusing to retain the registrant’s entry relating to a specialty or proficiency in the appropriate register in accordance with section 11B(2)(a) above; and

(h) a decision of the registrar under section 11B above not to restore a person’s name to, or to make an entry relating to a specialty or proficiency in, the appropriate register.

(2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse to enter or retain a person’s name in the appropriate register merely because that the person failed to—

(a) pay the prescribed fee for registration or inclusion of an entry relating to a specialty or proficiency; or

(b) make an application as required under this Act or any rules made under it.

Notice of appealable registration decisions U.K.

3. (1) Where an appealable registration decision is made, the person making the decision shall serve on the person concerned notice of—

(a) the decision;

(b) the reasons for the decision; and

(c) the person’s right to appeal under paragraph 4 below.

(2) Failure to serve on an applicant notification of a decision in respect of an application for registration, retention or restoration (including registration or restoration of an entry relating to a specialty or proficiency) under any provision mentioned in paragraph 2(1) above within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

Appeals from an appealable registration decision U.K.

4. (1) A person in respect of whom an appealable registration decision has been made may appeal against that decision to the Registration Appeals Committee.

(2) An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the registrar.

(3) Except where sub-paragraph (4) applies, any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above, but an extension of time may be granted under paragraph 5 below.

(4) In the case of an appeal by virtue of paragraph 3(2) above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5) Where a decision to erase or remove the name of the registrant from the appropriate register or to remove from the appropriate register particulars entered in accordance with rules made under section 10(1A) above is an appealable registration decision, the decision shall not be carried into effect—

(a) until the time for bringing an appeal has expired without an appeal being brought; or

(b) where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

(6) The Registration Appeals Committee considering the appeal may make such inquiries as they consider appropriate.

(7) In disposing of an appeal under this paragraph, a Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the person making the decision; or

(d) remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Committee.

(8) Any sum required to be paid under an award in respect of costs or expenses shall be recoverable as if it had been adjudged to be paid by order of a relevant court.

(9) The Registration Appeals Committee shall, as soon as reasonably practicable—

(a) give the person concerned, and the person making the decision, notice of the Committee’s determination on the appeal before them and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (7)(b) above, give the person concerned notice of his right of appeal under section 23G of this Act.

Extension of time for appealing U.K.

5. Where—

(a) any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b) the registrar is satisfied, on the application of the person concerned, that that person did not receive the notice within the period of fourteen days beginning with the day the person making the decision gave the decision to which the notice relates,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3) above.]

Section 37.

SCHEDULE 2 U.K. Repeals

Chapter	Short title	Extent of repeal
6 & 7 Eliz. 2 c. 32.	Opticians Act 1958.	The whole Act.
1975 c. 21.	Criminal Procedure (Scotland) Act 1975.	In Schedule 7A, paragraphs 11 to 13.
1977 c. 45.	Criminal Law Act 1977.	In Schedule 1, paragraphs 14 to 16.
1977 c. 49.	National Health Service Act 1977.	In Schedule 15, paragraphs 19 and 20.
1978 c. 29	National Health Service (Scotland) Act 1978.	In Schedule 16, paragraph 11.
1981 c. 54.	Supreme Court Act 1981.	In Schedule 5, the entry relating to the Opticians Act 1958.
1984 c. 48.	Health and Social Security Act 1984.	Section 1(1) and (2).
		Sections 2 to 4.
		In section 26(6), the words “section 1(1) and (2);” and the words “sections 2 to 4 and Schedule 2;”.
		Schedule 2.
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entry relating to the Opticians Act l958.
1988 c. 49.	Health and Medicines Act 1988.	Section 13(6) and (7).
		Section 14.
		In section 26(2), the words “section 14”.
		In section 27(3), the words “13(6) and (7), 14”.