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

PART 13 U.K. OPTICIANS: OTHER LEGISLATION

Amendment of the National Health Service Act 1977 U.K.

189.  In the National Health Service Act 1977 M1 , in section 128 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act M2 , ”.

Marginal Citations

M1 1977 c.49. The definition of “ophthalmic optician” was substituted by S.I. 2005/848, and is prospectively amended by the Health Act 2006 (c.28), Schedule 8, paragraph 24(b). The National Health Service Act 1977 (“the 1977 Act”) was repealed by the National Health Service (Consequential Provisions) Act 2006 (c.43) (“the 2006 Act”). However, by virtue of section 8(4)(q) and (5) of the 2006 Act, the repeal of the definition of “ophthalmic optician” in the 1977 Act has not yet come into force.

M2 Section 8B was inserted by S.I. 2007/3101

Amendment of the National Health Service (Scotland) Act 1978 U.K.

190.  In the National Health Service (Scotland) Act 1978 M3 , in section 108 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Marginal Citations

M3 1978 c.29.

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979 U.K.

191.  In the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979 M4 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “optician” substitute—

““optician” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act.”.

Marginal Citations

M4 S.I. 1979/1585; a relevant amendment was made by S.I. 2005/848.

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979 U.K.

192.  In the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979 M5 , in regulation 2 (interpretation), in paragraph (1), for the definition of “optician” substitute—

““optician” means a person whose name is entered in the register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States or visiting dispensing opticians from relevant European States maintained under section 8B of that Act; and”.

Marginal Citations

M5 S.I. 1979/1760, amended by S.I. 2005/848.

Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 U.K.

193.  In the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 M6 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute—

““registered optometrist” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;”.

Marginal Citations

M6 S.I. 1980/1923; a relevant amendment was made by S.I. 2005/1520.

Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986 U.K.

194.  In the National Health Service (General Ophthalmic Services) Regulations 1986 M7 , in regulation 2 (interpretation), in paragraph (1), in the definition of “optician”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Marginal Citations

M7 S.I. 1986/975; a relevant amendment was made by S.I. 2005/1481.

Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992 U.K.

195.   [F1 In the National Health Service (Service Committees and Tribunal) Regulations 1992 M8 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician”, after “section 7(a) of that Act” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.]

Textual Amendments

F1 Reg. 195 revoked (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 1(3)(h) (with Sch. 7 para. 14(2))

Marginal Citations

M8 S.I. 1992/664; a relevant amendment was made by S.I. 2005/848.

Amendment of the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993 U.K.

196.  In the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993 M9 , in rule 4 (classes of persons training as optometrists), in paragraph (c)—

(a) for “Regulation 6 of the European Communities (Recognition of Professional Qualifications) Regulations 1991” substitute “ the General Systems Regulations M10 ”; and

(b) for “that regulation” substitute “ those Regulations ”.

Marginal Citations

M9 Scheduled to S.I. 1994/70; relevant amendments were made by S.I. 2005/848.

M10 The “General Systems Regulations” are defined in section 36 of the Opticians Act 1989.

Amendment of the Prescription Only Medicines (Human Use) Order 1997 U.K.

197.  In the Prescription Only Medicines (Human Use) Order 1997 M11 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute—

““registered optometrist” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;”.

Marginal Citations

M11 S.I. 1997/1830; a relevant amendment was made by S.I. 2005/848.

Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 U.K.

198.  In the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 M12 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), in paragraph (d) of the definition of “health professional”, after “section 7” insert “ or 8B ”.

Marginal Citations

M12 S.I. 1999/2337; a relevant amendment was made by S.I. 2005/848.

Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 U.K.

199.  In the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 M13 , in regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (5)(d), after “section 7” insert “ or 8B ”.

Marginal Citations

M13 S.I. 2000/89; a relevant amendment was made by S.I. 2005/848.

Amendment of the General Social Care Council (Appointments and Procedure) Regulations 2001 U.K.

200.  In the General Social Care Council (Appointments and Procedure) Regulations 2001 M14 , in regulation 4 (disqualification for appointment), in paragraph (7)(d), after “section 7” insert “ or 8B ”.

Marginal Citations

M14 S.I. 2001/1744; a relevant amendment was made by S.I. 2005/848.

Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004 U.K.

201.  In the Medicines for Human Use (Clinical Trials) Regulations 2004 M15 , in regulation 2 (interpretation), in paragraph (1), for paragraph (e) of the definition of “health care professional” substitute—

“(e) a person registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act,”.

Marginal Citations

M15 S.I. 2004/1031; there are no relevant amending instruments.

Amendment of the General Optical Council (Registration Rules) 2005 U.K.

202.  In the General Optical Council (Registration Rules) 2005 M16 —

(a) in rule 2 (interpretation), after paragraph (1) insert—

“(1A) These Rules do not apply in relation to registration in a register maintained under section 8B (registers relating to visiting opticians from relevant European States), except for rules 21A (visiting opticians from relevant European States: registration information), 21B (visiting opticians from relevant European States: changes in information provided to the Council) and 25(a) (erasure of registration).”;

(b) in rule 12 (registration and restoration of registration)—

(i) the existing provision shall be numbered as paragraph (1), and

(ii) after that provision add—

“(2) In determining an application by a person who falls within section 8(1A)(a), the Council—

(a) shall take into account all his qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application; and

(b) if the person holds a qualification which—

(i) was granted otherwise than in a relevant European State M17 , but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as an optometrist or a dispensing optician in that State,

shall take that acceptance into account.”;

(c) in rule 13 (entry and restoration of an entry relating to a specialty in a register), in paragraph (2)(a), for “another EEA State” substitute “ a relevant European State other than the United Kingdom ”; and

(d) after rule 21 insert—

“Visiting opticians from relevant European States: registration information

21A.   The register of visiting optometrists from relevant European States and the register of visiting dispensing opticians from relevant European States shall contain, in respect of each person whose name is registered in either of those registers, the following particulars—

(a) the person's full name;

(b) the person's registration number;

(c) the date of the person's registration; and

(d) the person's contact address in the United Kingdom.

Visiting opticians from relevant European States: changes in information provided to the Council

21B.   A person whose name is registered in the register of visiting optometrists from relevant European States or in the register of visiting dispensing opticians from relevant European States shall notify the Council forthwith of—

(a) any change to the name under which he practises; or

(b) any change to the contact details that he has notified to the Council.”.

Marginal Citations

M16 Scheduled to S.I. 2005/1478.

M17 “Relevant European State” is defined in section 36 of the Opticians Act 1989.

Amendment of the National Health Service Act 2006 U.K.

203.  In the National Health Service Act 2006 M18 , in section 275 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Marginal Citations

M18 2006 c.41. By virtue of section 277(3)(o) and (4) of the National Health Service Act 2006, the definition of “optometrist” in that Act does not come into force until the commencement of paragraph 24(b) of Schedule 8 to the Health Act 2006 (c.28) (which amends the definition of “ophthalmic optician” in the National Health Service Act 1977 (c.49)). See also paragraph 4 of Schedule 3 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

Amendment of the National Health Service (Wales) Act 2006 U.K.

204.  In the National Health Service (Wales) Act 2006 M19 , in section 206 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Marginal Citations

M19 2006 c.42.

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 U.K.

205.  In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 M20 , in regulation 2(1) (interpretation), in the definitions of “optometrist” and “register”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act ”.

Marginal Citations

M20 S.S.I. 2006/135.