The Opticians Act 1989 (Transitional Provisions) Order 2005

New section 10A

3.—(1) The obligation in the new section 10A(1) (insurance for individual registrants and persons applying for their name to be registered) for a registered optometrist or registered dispensing optician to maintain adequate and appropriate insurance throughout the period during which he is registered in the appropriate register does not apply to a period of registration prior to the relevant date.

(2) Where a person has, prior to the relevant date, sought—

(a) retention or registration of his name in; or

(b) restoration of his name to,

the registers maintained under the old section 7 (registers of opticians), and—

(i) the Council has not determined the matter before the relevant date, and

(ii) that person has not supplied evidence in accordance with section 10A that he is covered by adequate and appropriate insurance or, where applicable, that he would be, if registered, covered by such insurance,

paragraph (3) shall apply.

(3) Where this paragraph applies, the Registrar shall request in writing that the person provides the evidence to the Council within such period of time as the Registrar may specify, and the Council shall not decide whether to retain or register his name in, or restore his name to, the appropriate register until that period of time has expired, or the evidence is provided, whichever occurs first.

(4) The obligation in the new section 10A(6) shall apply to a registered optician or registered dispensing optician whose name was included in the register maintained under the old section 7 immediately before the relevant date if, on or after the relevant date, he is not covered by insurance meeting the requirements of section 10A, whether or not he was, prior to the relevant date, covered by insurance that met the requirements of that section.