The Council shall continue to maintain—
[F1(a)a register of optometrists; and]
(b)a register of dispensing opticians,
each containing the [F2names and addresses] , and such other particulars as may be prescribed, of all persons who are entitled under the provisions of this Act to be registered in it and who apply in the prescribed manner to be so registered.
Textual Amendments
F1S. 7(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), art. 7(1)(a)(2) (with Sch. 2)
F2Words in s. 7 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), art. 7(1)(b)(2) (with Sch. 2)
[F3(1)A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—
(a)holds a qualification—
(i)as an optometrist or a dispensing optician;
(ii)which, at the time it was granted, was approved by the Council under section 12(7)(b) below; and
(iii)which was granted to him after receiving instruction from one or more of the establishments approved by the Council under section 12(7)(a) below;
(b)has had adequate practical experience in the work of an optometrist or a dispensing optician; and
(c)is a fit person to practise as an optometrist or a dispensing optician.
(1A)A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—
(a)either—
(i)is a national of an EEA State; or
(ii)is not a national of an EEA State but is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68, or any other enforceable Community right, entitled to be treated, for the purpose of access to the profession of optometrist or dispensing optician, no less favourably than a national of such a state;
(b)has a right to practise in the United Kingdom as an optometrist by virtue of the European Communities (Recognition of Professional Qualifications) (First General System) Regulations 2005 or as a dispensing optician by virtue of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002; and
(c)is a fit person to practise as an optometrist or a dispensing optician.
(2)Subject to subsection (2A), a person shall be entitled to have his name in the appropriate register if he satisfies the Council that he—
(a)holds a qualification as an optometrist or as a dispensing optician granted outside the United Kingdom;
(b)has had adequate practical experience in the work of an optometrist or a dispensing optician; and
(c)is a fit person to practise as an optometrist or a dispensing optician.
(2A)The Council may determine, in relation to any particular person or class of person to which subsection (2) above applies, that before being entitled to have his name in the appropriate register, a person must—
(a)obtain such qualification, approved in accordance with section 12(7)(b) below; or
(b)pass such test, approved in accordance with section 12(7)(c) below,
as they consider appropriate.]
(3)Any person who on lst January 1959 was entitled to have his name included in one of the health service ophthalmic lists, and whose name had not at that time been removed from one of those lists by direction of a health service tribunal, shall be entitled to be registered in the appropriate register.
(4)Any person who on an application made not later than lst June 1961 satisfied the Council—
(a)that on the date of his application he held a qualification as an [F4optometrist] or dispensing optician recognised by them for the purposes of this subsection; and
(b)that he had had adequate practical experience in the work of an [F5optometrist] or dispensing optician; and
(c)that he was of good character,
shall be entitled to be registered in the appropriate register.
(5)Any person who on an application made after lst June 1961 but before this Act came into force satisfied the Council—
(a)that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and
(b)that he had had adequate practical experience in the work of an [F6optometrist] or dispensing optician; and
(c)that he was of good character,
shall be entitled to be registered in the appropriate register.
(6)Any person who on an application made after this Act comes into force satisfies the Council—
(a)that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and
(b)that he has had adequate practical experience in the work of an [F7optometrist] or dispensing optician; and
[F8(c)that he is a fit person to practise as an optometrist or a dispensing optician,]
shall be entitled to be registered in the appropriate register.
(7)In the case of a person whose qualifications (including experience) are appropriate for [F9optometrists, the register of optometrists and the register of dispensing opticians are both appropriate registers] for the purposes of this section and, in the case of a person whose qualifications (including experience) are only appropriate for a dispensing optician, the register of dispensing opticians is appropriate for those purposes.
[F10(8)A person may have his name in both the register of dispensing opticians and the register of those undertaking training as optometrists.
(8A)Except as provided in subsection (8) above, a person may not have his name in more than one register.]
(9)Where the Council have refused to grant an application for registration under subsection (4), (5) or (6) above, the Privy Council, on representations being made to them, may if they think fit, after considering the representations and after communicating with the Council, order the Council to grant the application.
[F11(10)In this section—
“EEA State” means a Contracting Party to the EEA Agreement or Switzerland; and
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted or amended from time to time.]
Textual Amendments
F3S. 8(1)-(2A) substituted for s. 8(1) (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), art. 8(2) (with Sch. 2)
F4Word in s. 8(4)(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), art. 8(3) (with Sch. 2)
F5Word in s. 8(4)(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), art. 8(4) (with Sch. 2)
F6Word in s. 8(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), art. 8(4) (with Sch. 2)
F7Word in s. 8(6)(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), art. 8(4) (with Sch. 2)
F8S. 8(6)(c) 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), art. 8(5) (with Sch. 2)
F9Words in s. 8(7) 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), art. 8(6) (with Sch. 2)
F10S. 8(8)(8A) substituted for s. 8(8) (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), art. 8(7) (with Sch. 2)
F11S. 8(10) added (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), art. 8(8) (with Sch. 2)
(1)The Council shall maintain a register of persons undertaking training as optometrists and a register of persons undertaking training as dispensing opticians.
(2)A person who is undertaking training provided by an approved training establishment or obtaining practical experience in the work of an optometrist or a dispensing optician shall have his name in the appropriate register.
(3)A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he is fit to undertake training as an optometrist or a dispensing optician, and either—
(a)he is undertaking, or will be undertaking, training provided by an approved training establishment; or
(b)he is obtaining, or will be obtaining, practical experience in the work of—
(i)an optometrist under the supervision of a registered medical practitioner or a registered optometrist; or
(ii)a dispensing optician under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician.
(4)Each register shall contain the names and addresses of the persons who are registered under this section, together with such other particulars as the Council may prescribe in rules.
(5)The Council may make rules as to the circumstances in which a person’s name may be removed from a register maintained under this section.]
Textual Amendments
F12S. 8A inserted (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), art. 9 (with Sch. 2)
[F13(1)The Council shall maintain a register of bodies corporate carrying on business as an optometrist or a dispensing optician or both, containing the names, principal places of business and such other particulars, as may be prescribed by the Council, of the bodies which are entitled under the following provisions of this Act to be registered in it and apply in the prescribed manner to be registered or to have their registration retained in the register.]
(2)Subject to subsection (3) below, a body corporate shall be entitled to be [F14registered in the register if it satisfies the Council that it is fit to carry on business as an optometrist or a dispensing optician or to carry on both businesses and—]
(a)if it satisfies the Council that a majority of its directors are [F15registered optometrists or registered dispensing opticians] or, in the case of a body corporate having only one director, that he is [F15a registered optometrist or registered dispensing optician] ;
(b)if on 20th November 1957 its name or a name under which it carried on business was included in one of the health service ophthalmic lists or if it subsequently came into existence on the reconstruction of a body corporate entitled to be [F16registered] by virtue of this paragraph;
(c)if it satisfies the Council—
(i)that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances; and
(ii)that so much of its business as consists of the testing of sight is carried on under the management of a registered [F17optometrist] ; and
(iii)that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered [F18optometrist or registered dispensing optician] ; or
(d)if—
(i)it is a society registered under the M1Industrial and Provident Societies Act 1965 or the M2Industrial and Provident Societies Act (Northern lreland) 1969; and
(ii)it satisfies the Council that so much of its business as consists of the testing of sight, or of the fitting and supply of optical applicances, as the case may be, is carried on under such management as is mentioned in paragraph (c)(ii) and (iii) above.
(3)A body corporate shall not be entitled to be [F19registered] by virtue of subsection (2)(b) above if its name, or the name of any body on whose reconstruction it came into existence, or a name under which it or any such body carried on business has at any time—
(a)been removed from one of the health service ophthalmic lists by direction of a health service tribunal; or
[F20(b)been the subject of an order for erasure from the register maintained under subsection (1) above.]
Textual Amendments
F13S. 9(1) 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), art. 10(2) (with art. 10(5), Sch. 2)
F14Words in s. 9(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), art. 10(3)(a) (with art. 10(5), Sch. 2)
F15Words in s. 9(2)(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), art. 10(3)(b) (with art. 10(5), Sch. 2)
F16Word in s. 9(2)(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), art. 10(3)(c) (with art. 10(5), Sch. 2)
F17Word in s. 9(2)(c)(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), art. 10(3)(d) (with art. 10(5), Sch. 2)
F18Words in s. 9(2)(c)(iii) 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), art. 10(3)(e) (with art. 10(5), Sch. 2)
F19Word in s. 9(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), art. 10(4)(a) (with art. 10(5), Sch. 2)
F20S. 9(3)(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), art. 10(4)(b) (with art. 10(5), Sch. 2)
Marginal Citations
(1)The Council may make rules with respect to the form and keeping of the registers F21... and the making of entries and alterations in them and, in particular—
(a)regulating the making of applications for registration F22... or for transfer from one register F22... to another, and providing for the evidence to be produced in support of any such application;
[F23(b)providing for—
(i)the notification to the Council of any change in the information provided by the registrant to the Council in accordance with rules made under paragraph (c)(ii) below; and
(ii)the removal from the appropriate register of the name of the registrant if he fails to notify the Council of any such change;
(c)prescribing—
(i)a fee to be charged;
(ii)information to be provided to the Council; and
(iii)the time within which the fee is to be paid and the information provided,
for the entry or retention of a name in, or the restoration of a name to, a register;]
F24(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)providing for the entry in the register of qualifications (whether or not approved under [F25section 12(7)(b) below] ) possessed by persons whose names are registered in it and for the removal of such qualifications from the register, and prescribing a fee to be charged in respect of the entry;
[F26(f)authorising the registrar to refuse to enter or retain a name in, or restore a name to, the appropriate register until the fee prescribed under paragraph (c)(i) has been paid, and the information prescribed under paragraph (c)(ii) and the evidence required by section 10A(3) has been provided, to the Council;
(ff)authorising the registrar to remove a person’s name from the appropriate register if he ceases to satisfy the requirements for registration specified in section 8, 8A or 9 above, or ceases to satisfy the requirement to be insured under section 10A(1) below, or fails to pay any fee due or provide any information he is required to provide;]
(g)prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the registers F27....
[F28(1A)The Council may make rules—
(a)specifying specialties or levels of proficiency which a registered optometrist or registered dispensing optician may be permitted to register;
(b)enabling the registrar to enter in the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies where such requirements as may be prescribed for inclusion of such an entry have been met;
(c)enabling the registrar to remove from the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies in such circumstances as may be prescribed;
(d)applying with or without modification rules made under subsection (1) above to specialties and proficiencies;
(e)specifying the activities or work which may be performed by registered optometrists or registered dispensing opticians whose registration in the appropriate register includes particulars registered in accordance with rules made under paragraph (b) above; and
(f)providing that the performing of such activities or work by a registered optometrist or registered dispensing optician whose registration in the appropriate register does not include such particulars shall be treated as adversely affecting a registered optometrist’s or registered dispensing optician’s fitness to practise.]
(2)On registering the death of [F29a registrant] a registrar shall send forthwith by post to the registrar of the Council a copy certified under his hand of the entry relating to the death in the register of deaths; and the cost of the certificate and of sending it by post shall be payable by the registrar of the Council to the registrar of births and deaths from whom it is received.
F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F31(5)The Council may make rules providing for—
(a)the communication of documents in electronic form to the Council; and
(b)the electronic storage of documents communicated to the Council whether or not in electronic form.]
Subordinate Legislation Made
P1S.10: power exercised by S.I. 1991/79 and for previous exercises of this power see Index to Government Orders
Textual Amendments
F21Words in s. 10(1) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(a) (with Sch. 2)
F22Words in s. 10(1)(a) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(b) (with Sch. 2)
F23S. 10(1)(b)(c) 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), art. 11(2)(c) (with Sch. 2)
F24S. 10(1)(d) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(d) (with Sch. 2)
F25Words in s. 10(1)(e) 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), art. 11(2)(e) (with Sch. 2)
F26S. 10(1)(f)(ff) substituted for s. 10(1)(f) (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), art. 11(2)(f) (with Sch. 2)
F27Words in s. 10(1)(g) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(2)(g) (with Sch. 2)
F28S. 10(1A) inserted (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), art. 11(3) (with Sch. 2)
F29Words in s. 10(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), art. 11(4) (with Sch. 2)
F30S. 10(3)(4) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 11(5) (with Sch. 2)
F31S. 10(5) added (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), art. 11(6) (with Sch. 2)
(1)A registered optometrist or registered dispensing optician must be covered by adequate and appropriate insurance throughout the period during which he is registered in the appropriate register.
(2)A registered optometrist or registered dispensing optician seeking retention of his name in the register must supply to the Council evidence that he is covered by insurance as specified in subsection (1) above.
(3)A person seeking registration or restoration of his name in the register of optometrists or dispensing opticians must supply the Council with evidence that, if his name were to be entered in the appropriate register, he would be covered by adequate and appropriate insurance commencing, at the latest, on the date on which his name was so entered.
(4)The Council may at any other time require a registered optometrist or registered dispensing optician to supply evidence that he is covered by adequate and appropriate insurance.
(5)The Council may make rules specifying the types and amounts of insurance they consider to be adequate and appropriate for the purposes of this section.
(6)A registered optician or registered dispensing optician, or a person seeking registration as an optometrist or a dispensing optician, must inform the Council forthwith if he is no longer covered by insurance which meets the requirements of this section.
(7)If a person fails to comply with the requirements of this section, the registrar may—
(a)refuse to register his name in the appropriate register;
(b)refuse to retain his name in the appropriate register;
(c)refuse to restore his name to the appropriate register; or
(d)remove his name from the appropriate register,
under section 10(1)(f) or (ff) above, or refer the matter to the Investigation Committee for investigation under section 13D(5) below as if the failure to comply with the requirements of this section constituted an allegation of misconduct for the purposes of section 13D(2)(a) below.
(8)In this section, “insurance” means—
(a)a policy of insurance providing cover for liabilities which may be incurred in carrying out work as a registered optometrist or registered dispensing optician; and
(b)an arrangement made for the purposes of indemnifying the person concerned against such liabilities.]
Textual Amendments
F32S. 10A inserted (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), art. 12 (with Sch. 2)
(1)The Council shall publish from time to time information from each register in such form (including electronic form) as they consider appropriate.
(2)The information published by the Council shall include—
(a)a list of all persons or bodies whose names are in the registers on a date specified by the Council at the time of publication;
(b)the number assigned to the person or body on the appropriate register; and
(c)such other particulars (if any) as the Council may direct in relation to registrants or a particular class of registrants.
(3)A copy of the appropriate register purporting to be published by the Council shall be evidence (and in Scotland sufficient evidence) in all proceedings that the persons or bodies whose names are in the appropriate register are registrants, and the absence of the name of any person or body from such a copy of the appropriate register shall be evidence, until the contrary is shown, that that person or body is not a registrant.
(4)The registrar may issue a certificate that—
(a)a person’s or body’s name is in the appropriate register;
(b)a person’s or body’s name is not in the appropriate register;
(c)a person’s or body’s name was in the appropriate register at a specified date or during a specified period;
(d)a person’s or body’s name was not in the appropriate register at a specified date or during a specified period; or
(e)a person’s or body’s name has never been in the appropriate register.
(5)A certificate issued under subsection (4) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.
(6)Subsections (3) and (4) above shall apply to entries made in accordance with rules made under section 10(1A) above as they apply to registration in the appropriate register.]
Textual Amendments
F33S. 11 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), art. 13 (with Sch. 2)