The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Amendments to the Opticians Act 1989

39.  In section 10 (general provisions as to registers and lists)(1), after subsection (1), insert—

“(1ZB) If rules under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration in reliance on a specified state qualification, the fee must be—

(a) reasonable and proportionate to the cost of dealing with such a person’s application;

(b) transparent, and made public in advance; and

(c) payable by electronic means through the Council’s own website.

(1ZC) Where a person applies for registration under section 8 in reliance on a specified state qualification, the Council must—

(a) within the period of one month beginning with the date of receipt of the application—

(i) acknowledge receipt of the application; and

(ii) inform the applicant of any missing document required for the purposes of the application;

(b) give the applicant adequate time to complete the requirements and procedures of the application process;

(c) ensure that the documentary and other evidence which is to accompany applications for registration is no more than is necessary to demonstrate to the Council that the applicant satisfies each of the requirements imposed by or under section 8;

(d) accept copies of documents in place of original documents (subject to such provision about verifying copies as is made by rules under subsection (1)) unless the Council require original documents to protect the integrity of the application process;

(e) deal promptly with the application; and

(f) as soon as reasonably practicable and in any event within four months beginning with the relevant date, notify the applicant in writing of the result of the application.

(1ZD) In subsection (1ZC)(f), “the relevant date”, in relation to an application, is—

(a) the date on which the Council receive the application; or

(b) if any document required for the purposes of the application is missing when the Council receive the application, the date on which the Council first have all the documents required for those purposes.

(1ZE) If the Council make a request for further evidence, information or documents from the applicant, the period beginning with the date on which the Council make that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1ZC)(f) has expired.”.

(1)

Relevant amending instruments are S.I. 2005/848, 2007/3101 and 2019/593.