Opticians Act 1989

36 Interpretation. U.K.

(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 M1 National Health Service Act 1946 ;

(b) section 42 of the M2 National Health Service (Scotland) Act 1947; and

(c) section 21 of the M3 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.

Modifications etc. (not altering text)

C1 S. 36 applied (27.9.2001) by S.I. 2001/3057, Sch. para. 5(1)

Marginal Citations

M1 1946 c.81.

M2 1947 c.27.

M3 1948 c.3. (N.I.)