Opticians Act 1989

9 List of bodies corporate carrying on business as opticians. E+W+S+N.I.

(1) The Council shall continue to maintain—

(a) a list of bodies corporate carrying on business as ophthalmic opticians; and

(b) a list of bodies corporate carrying on business as dispensing opticians,

each containing the names, principal places of business and such other particulars as may be prescribed of the bodies which are entitled under the following provisions of this Act to be enrolled in it and apply in the prescribed manner to be so enrolled.

(2) Subject to subsection (3) below, a body corporate shall be entitled to be enrolled in the appropriate list—

(a) if it satisfies the Council that a majority of its directors are registered opticians or, in the case of a body corporate having only one director, that he is a registered optician;

(b) if on 20th November 1957 its name or a name under which it carried on business was included in one of the health service ophthalmic lists or if it subsequently came into existence on the reconstruction of a body corporate entitled to be enrolled by virtue of this paragraph;

(c) if it satisfies the Council—

(i) that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances; and

(ii) that so much of its business as consists of the testing of sight is carried on under the management of a registered ophthalmic optician; and

(iii) that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optician; or

(d) if—

(i) it is a society registered under the M1 Industrial and Provident Societies Act 1965 or the M2 Industrial and Provident Societies Act (Northern lreland) 1969; and

(ii) it satisfies the Council that so much of its business as consists of the testing of sight, or of the fitting and supply of optical applicances, as the case may be, is carried on under such management as is mentioned in paragraph (c)(ii) and (iii) above.

(3) A body corporate shall not be entitled to be enrolled by virtue of subsection (2)(b) above if its name, or the name of any body on whose reconstruction it came into existence, or a name under which it or any such body carried on business has at any time—

(a) been removed from one of the health service ophthalmic lists by direction of a health service tribunal; or

(b) been erased from the list maintained under subsection (1) above in consequence of an erasure order.

Annotations:

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Marginal Citations

M1 1965 c.12.

M2 1969 c.24. (N.I.)