Opticians Act 1989

Changes over time for: Section 34

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Changes to legislation:

Opticians Act 1989, Section 34 is up to date with all changes known to be in force on or before 19 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 34:

s. 34(2) words inserted by 2008 c. 14 Sch. 7 para. 49

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 13D(2)(h)(i) inserted by S.I. 2008/1774 Sch. 2 para. 2 (This amendment not applied to legislation.gov.uk. It was due to come into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47), see art. 1(4). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
s. 13AA inserted by 2008 c. 14 Sch. 7 para. 30
s. 23I inserted by 2008 c. 14 Sch. 7 para. 46
s. 23AA inserted by 2008 c. 14 Sch. 7 para. 39
s. 23CA inserted by 2008 c. 14 Sch. 7 para. 42

34 Subordinate legislation procedure.U.K.

(1)Rules made by the Council under this Act F1... shall not come into force until approved by order of the Privy Council.

[F2(1A)Subsection (1) above shall not apply to rules made under section 10 above in so far as they relate to fees.]

[F3(2)The Privy Council may approve rules under section 23C above either in the form submitted to them or subject to such modifications as appear to the Privy Council requisite.]

(3)Where the Privy Council propose to approve any such rules F4... subject to modifications, they shall notify to the Council the modifications they propose to make and consider any observations of the Council on them.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The powers—

(a)of the Privy Council to make orders under this Act;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)of the Secretary of State to make regulations under [F7section 25 or 26 above],

shall be exercisable by statutory instrument.

(6)Subject to subsection (7) below, a statutory instrument containing—

(a)an order of the Privy Council to which this subsection applies; or

(b)regulations made by the Secretary of State under [F8section 25 or 26 above],

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Subsection (6) above applies to the following orders of the Privy Council—

(a)an order approving rules under section 4, 5 or 31 above F9...; and

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(c)an order under section 1(4) or 27.]

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The power of the Department of Health and Social Services for Northern Ireland to make regulations under [F14section 25 or 26 above] shall be exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of the M2Interpretation Act (Northern Ireland) 1954.

Textual Amendments

F1Words in s. 34(1) omitted (1.4.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(4), Sch. 2 para. 4(a); S.I. 2008/3150, art. 2(3)(a)(ii)

F2S. 34(1A) inserted (22.3.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(2) (with Sch. 2)

F3S. 34(2) substituted (22.3.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(3) (with Sch. 2)

F4Words in s. 34(3) omitted (22.3.2005) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(4) (with Sch. 2)

F5S. 34(4) omitted (22.3.2005) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(6) (with Sch. 2)

F6S. 34(5)(b) omitted (22.3.2005) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(6) (with Sch. 2)

F7Words in s. 34(5)(c) substituted (22.3.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(5) (with Sch. 2)

F8Words in s. 34(6)(b) substituted (22.3.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), arts. 1(2), 25(5) (with Sch. 2)

F9Words in s. 34(7)(a) omitted (1.4.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(4), Sch. 2 para. 4(b)(i); S.I. 2008/3150, art. 2(3)(a)(ii)

F10S. 34(7)(b) omitted (1.4.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(4), Sch. 2 para. 4(b)(ii); S.I. 2008/3150, art. 2(3)(a)(ii)

F11S. 34(7)(c) substituted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 4(b)(iii); S.I. 2008/3150, art. 2(3)(a)(i)