(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.
[F2(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
F1Ss. 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)
F2S. 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