The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

Visiting opticians: saving of old law for up to one year

26.—(1) Where—

(a) a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an optometrist or dispensing optician (and section 8C(3) or 8D(3) of the 1989 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after exit day,

any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting opticians from relevant European states.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting optometrist or dispensing optician—

(a) if the optometrist or optician is registered as required by section 8C(3) or 8D(3) of the 1989 Act, when his or her name is removed under section 8C(6) or 8D(6) of the Act;

(b) otherwise, when his or her entitlement ceases by reason of the operation of section 8C(5) or 8D(5) of the Act.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting opticians from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting opticians
The 1989 Act	sections 8B to 8D
	section 10(1)(c) and (1ZA)
	section 10A(11)
	section 11A(5) to (7)
	section 11B(1A) to (1C)
	section 29(2A)
	section 36(1)
	Schedule 1, paragraph 1A(1)(b)(ii)
National Health Service (Scotland) Act 1978	section 108(1)
National Health Service (General Ophthalmic Services) Regulations 1986	regulation 2(1)
National Health Service (Service Committees and Tribunal) Regulations 1992	regulation 2(1)
Medicines for Human Use (Clinical Trials) Regulations 2004	regulation 2(1)
General Optical Council (Registration) Rules 2005	rules 2(1A), 21A and 21B
National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006	regulation 2(1)
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009	regulation 2(1)
Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012	regulation 1(2)
Human Medicines Regulations 2012	regulation 8(1)