- Latest available (Revised)
- Point in Time (01/01/1999)
- Original (As enacted)
Version Superseded: 22/03/2005
Point in time view as at 01/01/1999. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Opticians Act 1989, Section 28 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Any individual—
(a)who takes or uses the title of ophthalmic optician or the title of optometrist when he is not registered in either of the registers of ophthalmic opticians; or
(b)who takes or uses the title of dispensing optician when he is not registered in the register of dispensing opticians; or
(c)who takes or uses the title of registered optician or enrolled optician when he is not registered in any of the registers; or
(d)who takes or uses any name, title, addition or description falsely implying that he is registered in any of the registers; or
(e)who otherwise pretends that he is registered in any of the registers,
shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.
(2)On any prosecution for an offence under subsection (1)(d) or (e) above, the taking or use of the title of optician by a person to whom this subsection applies is to be taken to imply that he is registered in one of the registers, but the implication may be rebutted if the defendant proves that he took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of his taking or, as the case may be, use of it, that he was in fact registered in one of the registers.
(3)Subject to subsection (4) below, subsection (2) above applies to a person who carries on the business—
(a)of selling optical appliances; or
(b)of supplying optical appliances in pursuance of arrangements made as mentioned in section 27(4) above.
(4)Subsection (2) above does not apply to a person who sells or supplies optical appliances only as mentioned in section 27(5)(a) to (e) above.
(5)Any body corporate—
(a)which takes or uses the title of ophthalmic optician or the title of optometrist when it is not enrolled in the list of bodies corporate carrying on business as ophthalmic opticians; or
(b)which takes or uses the title of dispensing optician when it is not enrolled in the list of bodies corporate carrying on business as dispensing opticians; or
(c)which takes or uses the title of registered optician or enrolled optician when it is not enrolled in either of the lists; or
(d)which takes or uses any name, title, addition or description falsely implying that it is enrolled in either of the lists; or
(e)which otherwise pretends that it is enrolled in either of the lists,
shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.
(6)On any prosecution for an offence under subsection (5)(d) or (e) above, the taking or use of the title of optician by a body corporate to which this subsection applies is to be taken to imply that it is enrolled in one of the lists, but the implication may be rebutted if the body corporate proves that it took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of its taking or, as the case may be, use of it, that it was in fact enrolled in either of the lists.
(7)Subject to subsection (8) below, subsection (5) above applies to a body corporate which carries on the business—
(a)of selling optical appliances; or
(b)of supplying optical appliances in pursuance of arrangements made as mentioned in section 27(4) above.
(8)Subsection (5) above does not apply to a body corporate which sells or supplies optical appliances only as mentioned in section 27(5)(a) to (e) above.
(9)It is immaterial for the purposes of this section whether a title was used alone or in combination with any other words.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: