Search Legislation

Opticians Act 1989

Status:

This is the original version (as it was originally enacted).

Miscellaneous

31Miscellaneous matters with respect to which rules may be made

(1)Subject to subsection (2) below, the Council may make rules prohibiting or regulating—

(a)the use by registered opticians and enrolled bodies corporate of any means of giving publicity, whether by advertisements or not, to their practice or business of ophthalmic or dispensing opticians;

(b)the carrying on of practice or business by registered opticians and enrolled bodies corporate under names other than those under which they are registered or enrolled;

(c)the administration of drugs by registered opticians, enrolled bodies corporate and their employees in the course of their practice or business of ophthalmic or dispensing opticians;

(d)the practice of orthoptics by registered opticians, enrolled bodies corporate and their employees;

(e)the prescription, supply and fitting by registered opticians, enrolled bodies corporate and their employees of contact lenses.

(2)The power of the Council to make rules by virtue of subsection (l)(a) above shall not include power to prohibit the display, for the purposes of the practice or business of a registered optician or enrolled body corporate, of optical appliances or parts of optical appliances on premises where the fitting and supply of optical appliances is being carried on as part of that business or practice or in any building comprising those premises.

(3)The Council may make rules specifying requirements which registered opticians, enrolled bodies corporate or employees of registered opticians or enrolled bodies corporate must meet if they are to prescribe, fit or supply contact lenses.

(4)The power conferred by subsection (3) above is a power—

(a)in relation to registered opticians or employees of registered opticians or of enrolled bodies corporate, to specify qualifications which they must have; and

(b)in relation to enrolled bodies corporate, to specify conditions which they must satisfy.

(5)The Council shall make and submit to the Privy Council rules providing that where it appears to a registered optician that a person consulting him is suffering from an injury or disease of the eye, the optician shall, except in an emergency or where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above or in such other cases as may be prescribed, being cases in which it is, owing to special circumstances, impracticable or inexpedient to do so, take the prescribed steps to refer that person to a registered medical practitioner for advice and treatment.

(6)Rules under this section may make different provision for different classes of cases.

32Expenses and accounts of the Council

(1)The Council may, after paying their expenses, allocate any money, other than a sum paid under a penalty order or recovered under section 16(6) above, received by them whether by way of fees or otherwise to purposes connected with optical education and research or any other public purposes connected with the profession of ophthalmic opticians or dispensing opticians in such manner as they may think fit.

(2)The Council shall keep accounts of all sums received or paid by them and the accounts for each financial year of the Council shall be audited by auditors to be appointed by them and shall as soon as may be after they have been audited be published and laid before Parliament.

(3)No person shall be qualified to be appointed auditor under subsection (2) above unless he is a member of one or more of the following bodies—

  • the Institute of Chartered Accountants in England and Wales;

  • the Institute of Chartered Accountants of Scotland;

  • the Chartered Association of Certified Accountants;

  • the Institute of Chartered Accountants in Ireland;

any other body of accountants established in the United Kingdom for the time being recognised for the purposes of section 389(l)(a) of the [1985 c. 6.] Companies Act 1985 by the Secretary of State.

33Default powers of Privy Council

(1)If at any time it appears to the Privy Council that the Council have failed, but ought, to discharge a function of theirs to which this section applies, the Privy Council may notify their opinion to the Council and may direct them to discharge such of those functions, and in such manner and within such time or times, as may be specified in the direction.

(2)If the Council fail to comply with any directions of the Privy Council under subsection (1) above, the Privy Council may themselves discharge any function of the Council to which this section applies.

(3)This section applies to all functions of the Council under this Act except—

(a)their functions under sections 1, 8, 12, 13, 22 and 32(1) above; and

(b)their power to make rules under subsection (3) of section 21 above as respects such proceedings as are mentioned in subsection (4) of that section.

34Subordinate legislation procedure

(1)Rules made by the Council under this Act and a scheme submitted by them under paragraph 3 of Schedule 1 to this Act shall not come into force until approved by order of the Privy Council.

(2)The Privy Council may approve rules under section 21(3) or 31(1)(a) above and any such scheme either as submitted to them or subject to such modifications as appear to them requisite.

(3)Where the Privy Council propose to approve any such rules or scheme subject to modifications, they shall notify to the Council the modifications they propose to make and consider any observations of the Council on them.

(4)The Privy Council, after consulting the Council, may by order vary or revoke any rules made under section 31(1)(a) above and previously approved by them (whether the approval was before or after the commencement of this subsection).

(5)The powers—

(a)of the Privy Council to make orders under this Act;

(b)of the Lord Chancellor to make rules under section 22 above; and

(c)of the Secretary of State to make regulations under section 26 above,

shall be exercisable by statutory instrument.

(6)Subject to subsection (7) below, a statutory instrument containing—

(a)an order of the Privy Council to which this subsection applies; or

(b)regulations made by the Secretary of State under section 26 above,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Subsection (6) above applies to the following orders of the Privy Council—

(a)an order approving rules under section 4, 5 or 31 above other than an order such as is mentioned in subsection (9)(a) below; and

(b)an order approving a scheme under paragraph 3 of Schedule 1 to this Act; and

(c)an order under section 16(3) or 27 above or under paragraph l3 of Schedule 1 to this Act.

(8)No order to which this subsection applies shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(9)Subsection (8) above applies to an order—

(a)which is made by virtue of subsection (2) above and approves rules under section 31(1)(a) above subject to modifications; or

(b)which is made by virtue of subsection (4) above,

unless it is contained in a statutory instrument that states that the Council have indicated their consent to the terms of the order either in the course of consultations under this section or in observations under subsection (3) above.

(10)The power of the Department of Health and Social Services for Northern Ireland to make regulations under section 26 above shall be exercisable by statutory rule for the purposes of the [S.I. 1979 No. 1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

35Privy Council quorum and documents

(1)For the purpose of exercising any powers conferred by this Act on the Privy Council (other than the power of hearing appeals against disciplinary orders or directions under section 19 above) the quorum of the Privy Council shall be two.

(2)Any document purporting to be—

(a)an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and

(b)signed by the Clerk of the Privy Council or by any other person authorised by the Privy Council in that behalf,

shall be evidence of the fact that the instrument was so made and of the terms of the instrument.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources