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Opticians Act 1989, Section 29 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)Where a [F1registered optometrist or registered dispensing optician] dies at a time when he is carrying on business or is in practice as [F2an optometrist or dispensing optician] , then during the three years beginning with his death or such longer period as the Council may in any particular case allow, section 28 above shall not operate to prevent—
(a)his executors or administrators;
(b)[F3his surviving spouse or his surviving civil partner] ;
(c)any of his children; or
(d)trustees on behalf of [F4his surviving spouse or his surviving civil partner] or any of his children,
from taking or using in relation to that business or practice, but in conjunction with the name in which he carried it on, any title which he was entitled to take or use immediately before his death.
(2)Where a [F1registered optometrist or registered dispensing optician] becomes bankrupt at a time when he is carrying on business or is in practice as [F2an optometrist or dispensing optician], then, during the three years beginning with the bankruptcy, section 28 above shall not operate to prevent his trustee in bankruptcy from taking or using in relation to that business or practice, but in conjunction with the name in which he carried it on, any title which he was entitled to take or use immediately before the bankruptcy.
F5(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where—
(a)a person by virtue of subsection (1) or (2) above takes or uses any title in relation to the business or practice—
(i)of a deceased [F6optometrist or dispensing optician]; or
(ii)of an [F6optometrist or dispensing optician] who has become bankrupt; and
(b)an offence under section 24, 25 or 27 above is committed in the course of that business or practice,
the [F7Fitness to Practise Committee] may, if they think fit, direct that subsection (1) or (2) above shall cease to apply in relation to that business or practice.
(4)This Act shall have effect in relation to any case in which it is alleged that there has been a conviction of any such offence and to any direction under subsection (3) above as it has effect in relation to [F8a case in which it is alleged that a registrant’s fitness to practise or as the case may be a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both, is impaired and the making of an order under Part 2A above].
(5)In its application to Scotland subsection (2) above shall have effect as if—
(a)for the reference to a [F9registered optometrist or registered dispensing optician] becoming bankrupt there were substituted a reference to the estate of a [F9registered optometrist or registered dispensing optician] being sequestrated (cognate expressions being construed accordingly); and
(b)for the reference to a registered [F10optometrist’s or registered dispensing optician's] trustee in bankruptcy there were substituted a reference to the permanent trustee on his sequestrated estate.
(6)In its application to Northern Ireland subsection (2) above shall have effect as if for a [F11registered optometrist’s or a registered dispensing optician's] trustee in bankruptcy there were substituted a reference to the assignee in bankruptcy.
Textual Amendments
F1Words in s. 29(1)(2) 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), Sch. 1 para. 4(a)(i) (with Sch. 2)
F2Words in s. 29(1)(2) 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), Sch. 1 para. 4(a)(ii) (with Sch. 2)
F3Words in s. 29(1)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 135; S.I. 2005/3175, art. 2(2)
F4Words in s. 29(1)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 135; S.I. 2005/3175, art. 2(2)
F5S. 29(2A) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 10 (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 29(3)(a)(i)(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), Sch. 1 para. 4(b)(i) (with Sch. 2)
F7Words in s. 29(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), Sch. 1 para. 4(b)(ii) (with Sch. 2)
F8Words in s. 29(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), Sch. 1 para. 4(c) (with Sch. 2)
F9Words in s. 29(5)(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), Sch. 1 para. 4(d)(i) (with Sch. 2)
F10Words in s. 29(5)(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), Sch. 1 para. 4(d)(ii) (with Sch. 2)
F11Words in s. 29(6) 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), Sch. 1 para. 4(e) (with Sch. 2)
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