The Opticians Act 1989 (Amendment) Order 2005

This sectionnoteType=Explanatory Memorandum has no associated

8.  In section 36 (interpretation)—

(a)omit the definitions of “disciplinary case”, “disciplinary order”, “enrolled”, “erasure order”, “list”, “penalty order”, “registered dispensing optician”, “registered ophthalmic optician”, “registered optician”, “responsible officer” and “suspension order”;

(b)for the definition of “approved training institution” and “approved qualification” substitute—

“approved training establishment” means an establishment approved by the Council under section 12(7)(a) above;

“approved qualification” means any qualification approved by the Council under section 12(7)(b) above;;

(c)for the definition of “body corporate” substitute—

“body corporate” includes a limited liability partnership and, in Scotland, a partnership; and in relation to such partnerships, a reference to a director or other officer of a body corporate is a reference to a member;;

(d)after the definition of “body corporate” insert—

“business registrant” means a body corporate registered in the register maintained by the Council under section 9 above;;

(e)before the definition of “functions” insert—

“electronic communication” has the same meaning as in the Electronic Communications Act 2000(1);

“financial penalty order” means an order under Part 2A above that a registrant shall pay to the Council a sum specified in the order;;

(f)after the definition of “health service ophthalmic lists”, insert—

“Hearings Panel” means the panel of persons appointed under section 5D(1) above;

“individual registrant” means any person whose name is in a register maintained by the Council under section 7 or 8A above;;

(g)in the definition of “ophthalmic optician”, for the words ““ophthalmic optician” means” substitute ““optometrist” means”;

(h)for the definition of “register” substitute—

“register” means, unless the context otherwise requires, any one of the following registers—

(a)

the register of optometrists maintained under section 7 above;

(b)

the register of dispensing opticians maintained under section 7 above;

(c)

the registers of students maintained under section 8A above;

(d)

the register of bodies corporate under section 9 above,

and, except where used in relation to medical practitioners, “registered” and “registration” have corresponding meanings; and

(i)after the definition of “register” insert—

  • “registrant”, except in the expressions “individual registrant”, “business registrant” and “student registrant”, means a person whose name is in the appropriate register;

  • “student registrant” means a person whose name is in one of the registers maintained by the Council under section 8A above;.