Amendments to the 2001 Order7

1

The 2001 Order is amended as follows.

2

In article 13 (transitional provisions relating to admission to the register)—

a

in paragraph (1), for “This article applies to a person” substitute “This paragraph applies to a person who is not a person specified in paragraph (1A)”;

b

after paragraph (1), insert—

1A

This paragraph applies to a person who applies for admission to the register as a hearing aid dispenser on or after 1st April 2010.

c

in paragraph (2), for “this article” substitute “paragraph (1)”.

3

After article 39 insert—

Offence: hearing aid dispensers39A

1

Subject to paragraph (2), a person who is not a registered hearing aid dispenser must not perform the functions of a dispenser of hearing aids.

2

Paragraph (1) does not apply where the person performing those functions is—

a

registered in the Specialist Register as having a specialty in otolaryngology, oto rhino laryngology or ENT surgery; or

b

performing them as part of a course of education or training approved by the Council under article 15(5)(a) for persons wishing to become registered hearing aid dispensers or as part of an examination so approved.

3

Any person who contravenes paragraph (1) is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

4

In this article—

  • “registered hearing aid dispenser” means a person who is registered in the register as a hearing aid dispenser;

  • “the Specialist Register” means the register of that name kept by the General Medical Council.

4

In paragraph 1A of Schedule 16 (the Health Professions Council and committees: membership)—

a

in sub-paragraph (1)(b)(i), for “or the BPS register” substitute “, the BPS register or the HAC register”;

b

after sub-paragraph (1), insert—

1A

In sub-paragraph (1), “the HAC Register” means the register of dispensers of hearing aids maintained by the Hearing Aid Council under section 2(1)(a) of the Hearing Aid Council Act 1968.

5

In Schedule 3 (interpretation)—

a

in paragraph 1, in the definition of “relevant professions”, after “dietitians;”, insert “hearing aid dispensers;”;

b

after paragraph 1, insert—

1A

1

For the purposes of this Order, a person (“P”) performs the functions of a dispenser of hearing aids if P—

a

assesses or tests an individual’s hearing; or

b

prescribes a hearing aid for an individual,

with a view to the sale, whether by P or another, of a hearing aid to, or for the use of, that individual and “hearing aid dispenser” shall be construed accordingly.

2

In sub-paragraph (1)—

  • “hearing aid” means an electronic device, designed to be placed outside or within the ear, which processes and amplifies sounds using electro-acoustic or electro-magnetic systems in order to compensate for hearing loss;

  • “sale” means supply by way of retail sale or by way of hire but does not include a sale to a person acquiring for the purposes of trade.