Opticians Act 1989

[F1 13G. Provisions supplementary to section 13F U.K.

(1) If, under section 13F above, the Fitness to Practise Committee—

(a) give a direction—

(i) that a registrant’s name be erased from the appropriate register;

(ii) for suspension; or

(iii) for conditional registration; or

(b) vary any of the conditions imposed by a direction for conditional registration,

the registrar must forthwith serve on the registrant concerned notification of the direction or variation, and of the registrant’s right to appeal against it under section 23G below.

(2) In subsection (1) above references to—

(a) a direction for suspension include a reference to a direction extending a period of suspension; and

(b) a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(3) While a registrant’s registration in the appropriate register is suspended by virtue of a direction under section 13F above—

(a) the registrant shall be treated, except as provided in subsection (4) below, as not being registered in the appropriate register and the registrar shall make a note in the appropriate register of that fact and of the period for which the registration is to be suspended, but

(b) sections 13D, 13E and 13F above, this section and section 13H below shall continue to apply to the individual or body whose registration is suspended.

(4) An individual registrant shall be treated for the purposes of compliance with rules made under sections 11A and 11B above as if his registration in the appropriate register was not suspended.

(5) The registrar shall erase any note made under subsection (3)(a) above when the direction for suspension ceases to have effect.

(6) In section 13F above and section 13H below, “health case” means any case in which the Fitness to Practise Committee has determined that a registered optometrist’s or registered dispensing optician’s fitness to practise or a student registrant’s fitness to undertake training—

(a) is impaired by reason of a matter falling within paragraph (f) of subsection (2) of section 13D above, but

(b) is not impaired by any matter falling within any other paragraph of that subsection.]

Textual Amendments

F1 Pt. 2A 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. 16 (with Sch. 2)