Search Legislation

The European Qualifications (Health and Social Care Professions) Regulations 2007

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made).

Insertion of sections 8B, 8C and 8D

This section has no associated Explanatory Memorandum

180.  After section 8A(1) insert—

Visiting opticians from relevant European States: registers

8B.(1) The Council shall establish and maintain—

(a)a register of visiting optometrists from relevant European States; and

(b)a register of visiting dispensing opticians from relevant European States.

(2) The Council may prescribe particulars to be entered in the registers mentioned in subsection (1).

Visiting optometrists: entitlement to registration

8C.(1) This section applies to an exempt person (“O”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by optometrists.

(2) Subsection (3) applies if O has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis (O having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by O of services as an optometrist).

(3) O is entitled to be registered in the register of visiting optometrists from relevant European States; and the registrar shall give effect to the entitlement.

(4) If O is entitled under subsection (3) to be registered in the register of visiting optometrists from relevant European States but is not registered in that register, O shall be treated as being registered in that register.

(5) O’s entitlement under subsection (3) ceases if O ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis.

(6) If—

(a)O’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b)O’s name is registered in the register of visiting optometrists from relevant European States,

the registrar may remove O’s name from that register.

(7) Subsection (8) applies if—

(a)O’s establishment in State A is subject to a condition relating to O’s practice of the profession pursued in the United Kingdom by optometrists;

(b)O’s name is registered in the register of visiting optometrists from relevant European States; and

(c)for any of the purposes of this Act it falls to be decided whether O’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by O during the course of the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting optometrists from relevant European States, of any other provision of this Act under which a registered optometrist’s name may be removed or erased from that register or under which a registered optometrist’s registration in that register may be suspended.

Visiting dispensing opticians: entitlement to registration

8D.(1) This section applies to an exempt person (“D”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by dispensing opticians.

(2) Subsection (3) applies if D has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis (D having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by D of services as a dispensing optician).

(3) D is entitled to be registered in the register of visiting dispensing opticians from relevant European States; and the registrar shall give effect to the entitlement.

(4) If D is entitled under subsection (3) to be registered in the register of visiting dispensing opticians from relevant European States but is not registered in that register, D shall be treated as being registered in that register.

(5) D’s entitlement under subsection (3) ceases if D ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis.

(6) If—

(a)D’s entitlement under subsection (3) ceases by reason of the operation of subsection (5), and

(b)D’s name is registered in the register of visiting dispensing opticians from relevant European States,

the registrar may remove D’s name from that register.

(7) Subsection (8) applies if—

(a)D’s establishment in State A is subject to a condition relating to D’s practice of the profession pursued in the United Kingdom by dispensing opticians;

(b)D’s name is registered in the register of visiting dispensing opticians from relevant European States; and

(c)for any of the purposes of this Act it falls to be decided whether D’s fitness to practise is or may be impaired on the ground of misconduct.

(8) The matters that may be counted as misconduct include (in particular) any act or omission by D during the course of the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition.

(9) In subsections (7) and (8) “condition” includes limitation.

(10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting dispensing opticians from relevant European States, of any other provision of this Act under which a registered dispensing optician’s name may be removed or erased from that register or under which a registered dispensing optician’s registration in that register may be suspended..

(1)

Section 8A was inserted by S.I. 2005/848.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources