Search Legislation

Opticians Act 1989

Status:

This is the original version (as it was originally enacted).

Supplementary

36Interpretation

(1)In this Act, unless the context otherwise requires—

  • “approved training institution” and “approved qualification” have the meanings respectively assigned to them by section 12 above;

  • “body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner;

  • “the Council” means the General Optical Council;

  • “disciplinary case” has the meaning assigned to it by section 4 above;

  • “disciplinary order” has the meaning assigned to it by section 14 above;

  • “dispensing optician” means a person engaged or proposing to engage in the fitting and supply of optical appliances;

  • “enrolled” means enrolled in either of the lists and “enrolment” shall be construed accordingly;

  • “erasure order” has the meaning assigned to it by section 14 above;

  • “functions” includes powers and duties;

  • “health service ophthalmic lists” means the lists of ophthalmic opticians or dispensing opticians undertaking to provide general ophthalmic services or supplementary eye services which on 1st January 1959 were kept by virtue of the following—

    (a)

    section 41 of the [1946 c. 81.] National Health Service Act 1946 ;

    (b)

    section 42 of the [1947 c. 27.] National Health Service (Scotland) Act 1947; and

    (c)

    section 21 of the [1948 c. 3. (N.I.)] Health Services Act (Northern lreland) 1948;

  • “list” means the list of bodies corporate carrying on business as ophthalmic opticians or the list of bodies corporate carrying on business as dispensing opticians;

  • “medical authority” means one of the universities and other bodies who choose appointed members of the General Medical Council;

  • “ophthalmic optician” means a person engaged or proposing to engage in the testing of sight (otherwise than as a registered medical practitioner or a person recognised by a medical authority as a medical student), whether or not he is also engaged or proposing to engage in the fitting and supply of optical appliances;

  • “optical appliance” means an appliance designed to correct, remedy or relieve a defect of sight;

  • “penalty order” has the meaning assigned to it by section 14 above;

  • “prescribed” means prescribed by rules under this Act;

  • “register” means either of the registers of ophthalmic opticians or the register of dispensing opticians and, except where used in relation to medical practitioners, “registered” and “registration” have corresponding meanings;

  • “registered dispensing optician” means a person who is registered in the register of dispensing opticians;

  • “registered ophthalmic optician” means a person who is registered in either of the registers of ophthalmic opticians;

  • “registered optician” means a person who is registered in any of the registers;

  • “responsible officer” has the meaning assigned to it by section 17(13) above;

  • “suspension order” has the meaning assigned to it by section 14 above.

(2)References in this Act to testing sight are references to testing sight with the object of determining whether there is any and, if so, what defect of sight and of correcting, remedying or relieving any such defect of an anatomical or physiological nature by means of an optical appliance prescribed on the basis of the determination.

37Consequential amendments and repeals

(1)In the definition of “ophthalmic optician” in section 128(1) of the [1977 c. 49.] National Health Service Act 1977 and section 108(1) of the [1978 c. 29.] National Health Service (Scotland) Act 1978—

(a)for “section 2 of the Opticians Act 1958” there shall be substituted “section 7 of the Opticians Act 1989”; and

(b)for “section 4” there shall be substituted “section 9”.

(2)In paragraph 13(1)(b) of Schedule 14 to the National Health Service Act 1977, for “to” there shall be substituted, “, 82 and”.

(3)In Schedule 6 to the [1983 c. 55.] Value Added Tax Act 1983, in paragraph (b) of Item 1 of Group 7—

(a)for “Opticians Act 1958” there shall be substituted “Opticians Act 1989”; and

(b)for “section 4” there shall be substituted “section 9”.

(4)The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.

(5)Paragraphs 3 to 5 of Schedule 3 to the [S.I. 1986 No. 1883 (N.I. 15).] Criminal Justice (Northern Ireland) Order 1986 are revoked.

38Commencement

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

39Short title and extent

(1)This Act may be cited as the Opticians Act 1989.

(2)This Act extends to Northern Ireland.

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