SCHEDULES
SCHEDULE 5Opticians
PART 2Savings and transitional provision
F1Swiss opticians and optometrists qualifying outside the United Kingdom: saving of old lawI125A
1
Where a registration application is received from a Swiss optician before the end of the Swiss recognition period, any provision made by or under the 1989 Act continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 1989 Act and the General Optical Council (Registration) Rules 2005 specified in sub-paragraphs (3) and (4)).
2
The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—
a
the 1989 Act (other than sections 8B to 8D, 10(1)(c) and (1ZA), 10A(11), 11A(5) to (7), 11B(1A) to (1C) and 29(2A) and paragraph 1A(1)(b)(ii) of Schedule 1);
b
the General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993;
c
the General Optical Council (Registration) Rules 2005 (other than rules 2(1A), 21A and 21B).
3
The modifications to the 1989 Act mentioned in sub-paragraph (1) are—
a
section 8(1A)(a) is to be read as if for “an exempt person” there were substituted “a Swiss optician”;
b
section 36 is to be read as if, in the definition of “General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”.
4
The modifications to the General Optical Council (Registration) Rules 2005 mentioned in sub-paragraph (1) are—
a
rule 12(2)(b)(ii) is to be read as if for “a relevant European State, other than the United Kingdom” there were substituted “a competent authority in Switzerland, pursuant to Article 2(2) of the Directive”;
b
rule 13(2)(a) is to be read as if for “a relevant European State other than the United Kingdom” there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”.
5
In this paragraph—
“registration application” means an application for registration in the register of optometrists or the register of dispensing opticians kept under section 7 of the 1989 Act;
“Swiss optician” means a qualifying applicant who had not, before IP completion day, made a registration application in respect of registration in the register in which the applicant wishes to be registered on or after IP completion day.