Opticians Act 1989

10 General provisions as to registers and lists. U.K.

(1) The Council may make rules with respect to the form and keeping of the registers F1 ... and the making of entries and alterations in them and, in particular—

(a) regulating the making of applications for registration F2 ... or for transfer from one register F2 ... to another, and providing for the evidence to be produced in support of any such application;

[F3 (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) F4 [F5 ... 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;]

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) providing for the entry in the register of qualifications (whether or not approved under [F7 section 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;

[F8 (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 F9 ....

F10 (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (1ZB) If rules under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration in reliance on a specified state qualification, the fee must be—

(a) reasonable and proportionate to the cost of dealing with such a person’s application;

(b) transparent, and made public in advance; and

(c) payable by electronic means through the Council’s own website.

(1ZC) Where a person applies for registration under section 8 in reliance on a specified state qualification, the Council must—

(a) within the period of one month beginning with the date of receipt of the application—

(i) acknowledge receipt of the application; and

(ii) inform the applicant of any missing document required for the purposes of the application;

(b) give the applicant adequate time to complete the requirements and procedures of the application process;

(c) ensure that the documentary and other evidence which is to accompany applications for registration is no more than is necessary to demonstrate to the Council that the applicant satisfies each of the requirements imposed by or under section 8;

(d) accept copies of documents in place of original documents (subject to such provision about verifying copies as is made by rules under subsection (1)) unless the Council require original documents to protect the integrity of the application process;

(e) deal promptly with the application; and

(f) as soon as reasonably practicable and in any event within four months beginning with the relevant date, notify the applicant in writing of the result of the application.

(1ZD) In subsection (1ZC)(f), “the relevant date”, in relation to an application, is—

(a) the date on which the Council receive the application; or

(b) if any document required for the purposes of the application is missing when the Council receive the application, the date on which the Council first have all the documents required for those purposes.

(1ZE) If the Council make a request for further evidence, information or documents from the applicant, the period beginning with the date on which the Council make that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1ZC)(f) has expired.]

[F12 (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 [F13 a 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.

F14 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15 (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

P1 S.10: power exercised by S.I. 1991/79 and for previous exercises of this power see Index to Government Orders

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 S. 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)

F4 Words in s. 10(1)(c) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 5(a) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in s. 10(1)(c) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 181(a)

F6 S. 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)

F7 Words 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)

F8 S. 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)

F9 Words 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)

F10 S. 10(1ZA) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 5(b) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F11 S. 10(1ZB)-(1ZE) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 39

F12 S. 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)

F13 Words 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)

F14 S. 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)

F15 S. 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)