Opticians Act 1989

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Constitution etc. of Council

Membership etc. U.K.

Membership: general U.K.

[F1 1A. (1) The Council shall consist of—

(a) registrant members, that is members who are registered optometrists or registered dispensing opticians; and

(b) lay members, that is members who—

(i) are not and never have been registered in a register, or a director of a body corporate registered in a register, maintained by the Council, and

(ii) do not hold qualifications which would entitle them to apply for registration in one of the registers maintained under section 7 F2 ....

(2) The members of the Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F2 Words in Sch. 1 para. 1A(1)(b)(ii) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 12 (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 1 para. 1A(4) omitted (31.10.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 6(c); S.I. 2012/1831, art. 2(3)

Matters for the order of the Privy Council under section 1(4) U.K.

1B. (1) An order under section 1(4) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the Council;

(b) the terms of office for which members of the Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the Council;

(d) the appointment of a chair of the Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under section 1(4) must not include any provision which would have the effect that a majority of the members of the Council would be lay members.

(3) An order under section 1(4) may include provision with regard to—

(a) the maximum period for which a member of the Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the Council may serve as chair of the Council during a specified period;

(c) the education and training of members of the Council, and the order may provide for the Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the Council at meetings of the Council;

(e) the effect (if any) of any vacancy in the membership of the Council or any defect in the appointment of a member; and

(f) enabling the Privy Council to appoint as the chair of the Council, for a specified period, the person who held office as chairman of the Council on the day before the first order under section 1(4) comes into force.

(4) An order under section 1(4) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

Registration of members’ private interests U.K.

1C. (1) The Council must establish and maintain a system for the declaration and registration of private interests of their members.

(2) The Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.]

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

1 U.K. [F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

F4 Sch. 1 para. 2A repealed (1.10.2006) by Health Act 2006 (c. 28), s. 83(7), Sch. 8 para. 28, Sch. 9; S.I. 2006/2603, art. 4(5)(c)(i)(e), Sch.

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Sch. 1 paras. 1A-1C substituted for Sch. 1 paras. 1-9 (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(2)

The registrar U.K.

10 U.K. The registrar shall be appointed by the Council and shall hold and vacate office in accordance with the terms of his appointment.

Powers of Council U.K.

11 (1) Subject to the following provisions of this Schedule, the Council shall have power to do anything which in their opinion is calculated to facilitate the proper discharge of their functions. U.K.

(2) The Council shall, in particular, have power—

(a) to appoint, in addition to a registrar, such officers and servants as the Council may determine;

(b) to pay to the members of the Council or of the Council’s committees such fees for attendance at meetings of the Council or committees and such travelling and subsistence allowances while attending such meetings or while on any other business of the Council as the Council may F5 ... determine;

(c) to pay to their officers and servants such remuneration as the Council may determine;

(d) as regards any officers or servants in whose case they may determine to do so, to pay to or in respect of them such pensions and gratuities, or provide and maintain for them such superannuation schemes (whether contributory or not), as the Council may determine.

(3) The powers of F6 ... any of the Council’s committees may be exercised notwithstanding any vacancy and no proceedings of F6 ...a committee shall be invalidated by any defect in the nomination or election of a member.

[F7 (4) Standing orders of the Council may make provision with regard to the provisional suspension of a member of the Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(4).]

Textual Amendments

F5 Words in Sch. 1 para. 11(2)(b) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 26(9) (with Sch. 2)

F6 Words in Sch. 1 para. 11(3) omitted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(3)(a); S.I. 2008/3150, art. 2(3)(a)(i)

F7 Sch. 1 para. 11(4) inserted (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. 6(3)(b); S.I. 2008/3150, art. 2(3)(a)(i)

[F8 11A. (1) In exercising their functions, the Council shall— U.K.

(a) have proper regard for—

(i) the interests of persons using or needing the services of registered optometrists, registered dispensing opticians or business registrants in the United Kingdom, and

(ii) any differing interests of different categories of registrants;

(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i) the employment (whether or not under a contract of service) of registered optometrists or registered dispensing opticians,

(ii) the education or training of individual registrants or other health care professionals,

(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv) the regulation of health services, and

(v) the provision, supervision or management of health services.

(2) In carrying out its duty to co-operate under sub-paragraph (1)(b), the Council shall have regard to any differing considerations relating to practising as a registered optometrist or a registered dispensing optician, or carrying on a business as a business registrant, which apply in England, Scotland, Wales or Northern Ireland.

(3) In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the Council.]

Textual Amendments

F8 Sch. 1 para. 11A inserted (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. 6(4); S.I. 2008/3150, art. 2(3)(a)(i)

12 U.K. [F9 Subject to any provision made by or under this Act,] The Council may make standing orders for regulating the proceedings F10 ... of the Council and the proceedings of any of its committees except [F11 the Investigation Committee, the Registration Appeals Committee and the Fitness to Practise Committee] .

Textual Amendments

F9 Words in Sch. 1 para. 12 inserted (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. 6(5)(a); S.I. 2008/3150, art. 2(3)(a)(i)

F10 Words in Sch. 1 para. 12 omitted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 2 para. 6(5)(b); S.I. 2008/3150, art. 2(3)(a)(i)

F11 Words in Sch. 1 para. 12 substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 26(10) (with Sch. 2)

[F12 12A. U.K. Rules under section 2(2), 3(2), 4(3), 5(2), 5A(3), 5B(2) and 5C(3) above may make provision as to quorum.]

Textual Amendments

F12 Sch. 1 para. 12A inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 26(11) (with Sch. 2)

[F13 12B. U.K. Rules under sections 2 to 5D may make provision for a body (including a committee of the Council which is not one of the committees to which any of those sections relate) to assist the Council in connection with the exercise of any function relating to the appointment of members or particular members of any of the committees or the panel to which those sections relate, including any function relating to tenure of office or suspension or removal from office.]

Textual Amendments

F13 Sch. 1 para. 12B inserted (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. 6(6); S.I. 2008/3150, art. 2(3)(a)(i)

Power of Privy Council to alter membership of Council etc. U.K.

F14 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 1 para. 13 omitted (9.7.2008) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(c), Sch. 2 para. 6(7)

[F15 SCHEDULE 1A U.K. REGISTRATION APPEALS

Textual Amendments

F15 Sch. 1A inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 27 (with Sch. 2)

Interpretation U.K.

1. In this Schedule—

• “appealable registration decision” is to be construed in accordance with paragraph 2 below;

• “person concerned” means a person in respect of whom an appealable registration decision is made or, as the case may be, an applicant in respect of whom paragraph 3(2) below applies;

• “person making the decision” means the registrar or, as the case may be, the Council;

• “the requisite period” means the period of three months beginning with the date there is in the possession of the registrar or, as the case may be, the Council, sufficient information to make a decision of a kind specified in paragraphs (a) to (h) of paragraph 2(1) below;

• “relevant court” mean the county court or, in Scotland, the sheriff; and

• “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person concerned.

Appealable registration decisions U.K.

2. (1) The following are appealable registration decisions for the purposes of this Schedule—

(a) a decision by the Council on an application made under section 8 above not to register the applicant in the appropriate register;

[F16 (aa) a decision by the Council under Part 3 of the General Systems Regulations on an application made under section 8 above to require an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue in the United Kingdom the profession of optometrist or dispensing optician;]

(b) a decision by the Council on an application made under section 8A above not to register the applicant in the appropriate register;

(c) a decision of the Council under rules made in accordance with section 8A(5) above to remove a registrant from the register maintained under section 8A above;

[F17 (ca) a decision by the Council not to register an individual in the register of visiting optometrists from relevant European States or the register of visiting dispensing opticians from relevant European States maintained under section 8B above;]

(d) a decision by the Council on an application made by a body corporate under section 9 above not to register that body in the register of bodies corporate;

(e) a decision of the registrar under rules made in accordance with section 10(1A) above—

(i) refusing an application for an entry or refusing to retain an entry in the appropriate register; or

(ii) removing or restoring a person’s entry in the appropriate register;

(f) a decision of the registrar under rules made in accordance with section 10(1)(b), (f) or (ff) above to remove a person’s name from the appropriate register or to refuse to retain his name in, or restore his name to, it;

(g) a decision of the registrar removing the registrant’s name from, or refusing to retain the registrant’s name in, the appropriate register in accordance with section 11B(1)(a) above, or removing or refusing to retain the registrant’s entry relating to a specialty or proficiency in the appropriate register in accordance with section 11B(2)(a) above; and

(h) a decision of the registrar under section 11B above not to restore a person’s name to, or to make an entry relating to a specialty or proficiency in, the appropriate register.

(2) A decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse to enter or retain a person’s name in the appropriate register merely because that the person failed to—

(a) pay the prescribed fee for registration or inclusion of an entry relating to a specialty or proficiency; or

(b) make an application as required under this Act or any rules made under it.

Textual Amendments

F16 Sch. 1A para. 2(1)(aa) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 188(a)

F17 Sch. 1A para. 2(1)(ca) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 188(b)

Notice of appealable registration decisions U.K.

3. (1) Where an appealable registration decision is made, the person making the decision shall serve on the person concerned notice of—

(a) the decision;

(b) the reasons for the decision; and

(c) the person’s right to appeal under paragraph 4 below.

(2) Failure to serve on an applicant notification of a decision in respect of an application for registration, retention or restoration (including registration or restoration of an entry relating to a specialty or proficiency) under any provision mentioned in paragraph 2(1) above within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

Appeals from an appealable registration decision U.K.

4. (1) A person in respect of whom an appealable registration decision has been made may appeal against that decision to the Registration Appeals Committee.

(2) An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the registrar.

(3) Except where sub-paragraph (4) applies, any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above, but an extension of time may be granted under paragraph 5 below.

(4) In the case of an appeal by virtue of paragraph 3(2) above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5) Where a decision to erase or remove the name of the registrant from the appropriate register or to remove from the appropriate register particulars entered in accordance with rules made under section 10(1A) above is an appealable registration decision, the decision shall not be carried into effect—

(a) until the time for bringing an appeal has expired without an appeal being brought; or

(b) where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

(6) The Registration Appeals Committee considering the appeal may make such inquiries as they consider appropriate.

(7) In disposing of an appeal under this paragraph, a Registration Appeals Committee may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the person making the decision; or

(d) remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Committee.

(8) Any sum required to be paid under an award in respect of costs or expenses shall be recoverable as if it had been adjudged to be paid by order of a relevant court.

(9) The Registration Appeals Committee shall, as soon as reasonably practicable—

(a) give the person concerned, and the person making the decision, notice of the Committee’s determination on the appeal before them and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (7)(b) above, give the person concerned notice of his right of appeal under section 23G of this Act.

Extension of time for appealing U.K.

5. Where—

(a) any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b) the registrar is satisfied, on the application of the person concerned, that that person did not receive the notice within the period of fourteen days beginning with the day the person making the decision gave the decision to which the notice relates,

the registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(3) above.]

Section 37.

SCHEDULE 2 U.K. Repeals

Chapter	Short title	Extent of repeal
6 & 7 Eliz. 2 c. 32.	Opticians Act 1958.	The whole Act.
1975 c. 21.	Criminal Procedure (Scotland) Act 1975.	In Schedule 7A, paragraphs 11 to 13.
1977 c. 45.	Criminal Law Act 1977.	In Schedule 1, paragraphs 14 to 16.
1977 c. 49.	National Health Service Act 1977.	In Schedule 15, paragraphs 19 and 20.
1978 c. 29	National Health Service (Scotland) Act 1978.	In Schedule 16, paragraph 11.
1981 c. 54.	[F18 Senior Courts Act 1981] .	In Schedule 5, the entry relating to the Opticians Act 1958.
1984 c. 48.	Health and Social Security Act 1984.	Section 1(1) and (2).
		Sections 2 to 4.
		In section 26(6), the words “section 1(1) and (2);” and the words “sections 2 to 4 and Schedule 2;”.
		Schedule 2.
1985 c. 9.	Companies Consolidation (Consequential Provisions) Act 1985.	In Schedule 2, the entry relating to the Opticians Act l958.
1988 c. 49.	Health and Medicines Act 1988.	Section 13(6) and (7).
		Section 14.
		In section 26(2), the words “section 14”.
		In section 27(3), the words “13(6) and (7), 14”.

Textual Amendments

F18 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)