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Opticians Act 1989

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This is the original version (as it was originally enacted).

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.

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