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There are currently no known outstanding effects for the The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019, PART 1.
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1. In this Schedule, “the 1989 Act” means the Opticians Act 1989 M1.
Commencement Information
I1Sch. 5 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
2. The 1989 Act is amended as follows.
Commencement Information
I2Sch. 5 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
3. In section 8 (qualifications for registration) M2—U.K.
(a)omit subsection (1A);
(b)after subsection (2A) insert—
“(2B) A determination under subsection (2A) may not be made in relation to a person whose qualification—
(a)was granted in a relevant European State, and
(b)indicates, in the opinion of the Council, a level of attainment of competency comparable to that indicated by an approved UK qualification.
(2C) In subsection (2B), “approved UK qualification” means a qualification that is—
(a)approved under section 12(7)(b), and
(b)granted by an establishment in the United Kingdom that is approved under section 12(7)(a).”.
Commencement Information
I3Sch. 5 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M2Relevant amending instruments are S.I. 2005/848, 2007/3101.
4. Omit sections 8B to 8D (registration of visiting European practitioners) M3.U.K.
Commencement Information
I4Sch. 5 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M3Sections 8B to 8D were inserted by S.I. 2007/3101. Sections 8C and 8D were amended by S.I. 2016/1030.
5. In section 10 (general provisions as to registers and lists) M4—U.K.
(a)in subsection (1)(c), omit “subject to subsection (1ZA),”;
(b)omit subsection (1ZA).
Commencement Information
I5Sch. 5 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M4Relevant amending instruments are S.I. 2005/848, 2007/3101.
6. In section 10A (indemnity arrangements) M5, omit subsection (11).U.K.
Commencement Information
I6Sch. 5 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M5Section 10A was inserted by S.I. 2005/848 and substituted by S.I. 2014/1887.
7. In section 11A (continuing education and training), omit subsections (5) to (7) M6.U.K.
Commencement Information
I7Sch. 5 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M6Section 11A was inserted by S.I. 2005/848 and subsections (5) to (7) were inserted by S.I. 2007/3101.
8. In section 11B (failure to satisfy continuing education and training requirements) M7, omit subsections (1A) to (1C).U.K.
Commencement Information
I8Sch. 5 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M7Section 11B was inserted by S.I. 2005/848 and subsections (1A) to (1C) were inserted by S.I. 2007/3101.
9. In section 23G (appeals) M8—U.K.
(a)in subsection (1)—
(i)in paragraph (c), at the end insert “ and ”;
(ii)omit paragraph (e) and the “and” before it;
(b)in subsection (4), in paragraphs (b) and (c), for “(e)” substitute “ (d) ”;
(c)omit subsection (8).
Commencement Information
I9Sch. 5 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M8Section 23G was inserted by S.I. 2005/848. Relevant amending instrument is S.I. 2016/1030.
10. In section 29 (death or bankruptcy) M9, omit subsection (2A).U.K.
Commencement Information
I10Sch. 5 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M9Subsection 2A was inserted by S.I. 2007/3101.
11. In section 36 (interpretation) M10, in subsection (1)—U.K.
(a)omit the definitions of “exempt person” and “General Systems Regulations”;
(b)in the definition of “individual registrant”, for “, 8A or 8B” substitute “ or 8A ”;
(c)in the definition of “register”, omit paragraph (ca);
(d)in the definitions of “registered dispensing optician” and “registered optometrist”, omit the words from “or in” to the end.
Commencement Information
I11Sch. 5 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M10Relevant amending instruments are S.I. 2005/848, 2007/3101, 2011/1043, 2016/1030.
12. In Schedule 1 (constitution of the General Council) M11, in paragraph 1A(1)(b)(ii), omit “or 8B”.U.K.
Commencement Information
I12Sch. 5 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
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M11Relevant amending instrument is S.I. 2008/1774.
13. In the National Health Service (Scotland) Act 1978 M12, in section 108 (interpretation), in subsection (1), in the definition of “ophthalmic optician” omit from “, or in” to “that Act” (where it first occurs).
Commencement Information
I13Sch. 5 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M121978 c. 29. Relevant amending instruments are S.I. 2005/848, 2007/3101.
14. In the National Health Service Act 2006 M13, in section 275 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.
Commencement Information
I14Sch. 5 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M132006 c. 41. Relevant amending instrument is S.I. 2007/3101.
15. In the National Health Service (Wales) Act 2006 M14, in section 206 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.
Commencement Information
I15Sch. 5 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M142006 c. 42. Relevant amending instrument is S.I. 2007/3101.
16. In the National Health Service (General Ophthalmic Services) Regulations 1986 M15, in regulation 2 (interpretation), in paragraph (1), in the definition of “optician” omit from “or in” to “that Act”.
Commencement Information
I16Sch. 5 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M15S.I. 1986/975. Relevant amending instruments are S.I. 2005/1481, 2007/122 (W.12), 2007/3101.
17. In the National Health Service (Service Committees and Tribunal) Regulations 1992 M16,in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician” omit from “or in” to “that Act”.
Commencement Information
I17Sch. 5 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M16S.I. 1992/664. Relevant amending instruments are S.I. 2005/848, 2007/3101.
18. In the General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993 M17, in rule 4 (classes of exempt person), omit paragraph (c).
Commencement Information
I18Sch. 5 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M17As set out in the Schedule to the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians Rules) Order of Council 1994 (S.I. 1994/70). Relevant amending instrument is S.I. 2007/3101.
19. In the Medicines for Human Use (Clinical Trials) Regulations 2004 M18, in regulation 2 (interpretation), in paragraph (1), in paragraph (e) of the definition of “health care professional” omit from “or in” to “that Act,”.
Commencement Information
I19Sch. 5 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M18S.I. 2004/1031. Relevant amending instrument is S.I. 2007/3101.
20. In the General Optical Council (Registration) Rules 2005 M19—
(a)in rule 2 (interpretation), omit paragraph (1A);
(b)in rule 5(1) (information from applicants)—
(i)in sub-paragraph (d), omit from “(except” to “registered))”;
(ii)in sub-paragraph (f), omit from “except” to “8(1A)),”;
(c)in rule 12 (entries on the register), omit paragraph (2);
(d)in rule 13 (entries relating to specialties), omit paragraph (2);
(e)omit rules 21A and 21B (visiting opticians from relevant European states).
Commencement Information
I20Sch. 5 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M19As set out in the Schedule to the General Optical Council (Registration Rules) Order of Council 2005 (S.I. 2005/1478). Relevant amending instrument is S.I. 2007/3101.
21. In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 M20, in regulation 2 (interpretation), in paragraph (1)—
(a)in the definition of “optometrist”, omit from “or in” to “that Act”;
(b)in paragraph (b) of the definition of “register”, omit from “or in” to “that Act” (where it first occurs).
Commencement Information
I21Sch. 5 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M20S.S.I. 2006/135. Relevant amending instrument is S.I. 2007/3101.
22. In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 M21, in regulation 2 (interpretation), in paragraph (1), in paragraph (a) of the definition of “optometrist independent prescriber”, omit from “, or in” to “that Act”.
Commencement Information
I22Sch. 5 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
23. In the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 M22, in regulation 1(2) (interpretation), in the definition of “ophthalmic optician”, omit from “, or in” to “that Act” (where it first occurs).
Commencement Information
I23Sch. 5 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
24. In the Human Medicines Regulations 2012 M23, in regulation 8 (interpretation), in paragraph (1)—
(a)in the definition of “registered optometrist”, omit the words from “or the” to the end;
(b)in paragraph (c) of the definition of “the relevant register”, omit the words from “or the” to the end.
Commencement Information
I24Sch. 5 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
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