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Version Superseded: 22/03/2005
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Opticians Act 1989, Section 10 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Council may make rules with respect to the form and keeping of the registers and lists and the making of entries and alterations in them and, in particular—
(a)regulating the making of applications for registration or enrolment or for transfer from one register or list to another, and providing for the evidence to be produced in support of any such application;
(b)providing for the notification to the Council of any change in the particulars entitling a person to be registered or a body corporate to be enrolled;
(c)prescribing a fee to be charged on the entry of a name in, or the restoration of a name to, the register or list;
(d)prescribing a fee to be charged in respect of the retention in the register or list of any name in any year subsequent to the year in which the name was first entered in the register or list;
(e)providing for the entry in the register of qualifications (whether or not approved under section 12(2) 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;
(f)authorising the registrar—
(i)to refuse to enter a name in, or restore it to, the register or list until a fee prescribed for the entry or restoration has been paid; and
(ii)to erase from the register or list the name of a person who or body corporate which, after the prescribed notices and warnings, fails to pay the fee prescribed in respect of the retention of that name in the register or list;
(g)prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the registers or lists.
(2)On registering the death of an ophthalmic or dispensing optician 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.
(3)Rules under this section which provide for the erasure of a name from the register or list on failure to pay a fee shall provide for its restoration to the register or list on the making of the prescribed application in that behalf and on payment of that fee and any additional fee prescribed in respect of the restoration.
(4)Rules under this section prescribing fees may provide for the charging of different fees in different classes of cases.
Subordinate Legislation Made
P1S.10: power exercised by S.I. 1991/79 and for previous exercises of this power see Index to Government Orders
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