ukpga/1989/44 — Opticians Act 1989

Opticians Act 1989 1989 c. 44 An Act to consolidate certain enactments relating to opticians with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. [16th November 1989] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I The General Optical Council The Council Constitution and functions of the Council. 1 1 There shall continue to be a body corporate known as the General Optical Council (in this Act referred to as “ the Council ”). 2 The Council shall have the general function of promoting high standards of professional education, conduct and performance among registrants and the additional functions assigned to the Council by or under this Act. 2A The over-arching objective of the Council in exercising their functions is the protection of the public. 2B The pursuit by the Council of their over-arching objective involves the pursuit of the following objectives— a to protect, promote and maintain the health, safety and well-being of the public; b to promote and maintain public confidence in the professions regulated under this Act; c to promote and maintain proper professional standards and conduct for members of those professions; and d to promote and maintain proper standards and conduct for business registrants. 3 There shall continue to be a registrar of the Council. 4 The Council shall be constituted as provided for by order of the Privy Council, subject to Schedule 1 (which relates to the constitution etc. of the Council), and the provisions of that Schedule shall have effect. The Council’s Committees The Education Committee. 2 1 There shall continue to be a committee of the Council known as the Education Committee, for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to optical training, education and assessment . 2 The Education Committee shall continue to be constituted in accordance with rules made by the Council ... The Companies Committee 3 1 There shall continue to be a committee of the Council known as the Companies Committee for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to business registrants, other than matters required by this Act to be considered by the Investigation Committee, the Registration Appeals Committee or the Fitness to Practise Committee. 2 The Companies Committee shall continue to be constituted as provided by rules made under this subsection by the Council . 3 Before making rules under subsection (2) above, the Council shall consult organisations appearing to the Council to represent the interests of substantial numbers of business registrants. The Investigation Committee 4 1 There shall be a committee of the Council known as the Investigation Committee for the purpose of investigating any allegation that— a a registered optometrist’s or a registered dispensing optician’s fitness to practise is impaired; b a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both is impaired; or c a student registrant’s fitness to undertake training as an optometrist or a dispensing optician is impaired. 2 The Investigation Committee may refer any allegation before it to the Fitness to Practise Committee for consideration. 3 The Investigation Committee shall be constituted as provided by rules made under this subsection by the Council . The Registration Committee 5 1 There shall be a committee of the Council known as the Registration Committee, for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to registration, other than matters required by this Act to be considered by the Registration Appeals Committee. 2 The Registration Committee shall be constituted as provided by rules made under this subsection by the Council . The Registration Appeals Committee 5A 1 There shall be a committee of the Council known as the Registration Appeals Committee, for the purpose of hearing and determining appeals against any decision of the registrar refusing to enter the name of an individual or body corporate in, or to restore it to, the appropriate register. 2 All the members of the Registration Appeals Committee shall be members of the Hearings Panel. 3 Subject to subsection (2) above, the Registration Appeals Committee shall be constituted as provided by rules made under this subsection by the Council . 4 The members of the Registration Appeals Committee who are to hear any particular case shall be determined in accordance with rules made by the Council under subsection (3) above. 5 In exercising a function under section 13K, the Registration Appeals Committee must have regard to the over-arching objective. The Standards Committee 5B 1 There shall be a committee of the Council known as the Standards Committee for the purpose of giving advice and assistance to the Council (whether or not in response to a reference from them) on matters relating to the standards of conduct and performance expected of registrants or those seeking admission to a register. 2 The Standards Committee shall be constituted as provided by rules made under this subsection by the Council . The Fitness to Practise Committee 5C 1 There shall be a Committee of the Council known as the Fitness to Practise Committee for the purpose of inquiring into and determining allegations relating to— a the fitness of registered optometrists and registered dispensing opticians to practise; b the fitness of business registrants to carry on business as an optometrist or a dispensing optician or both; and c the fitness of student registrants to undertake training as an optometrist or a dispensing optician. 2 All the members of the Fitness to Practise Committee shall be members of the Hearings Panel. 3 Subject to subsection (2) above, the Fitness to Practise Committee shall be constituted as provided by rules made under this subsection by the Council . 4 The members of the Fitness to Practise Committee who are to hear any particular case shall be determined in accordance with rules made by the Council under subsection (3) above. 5 In exercising a function under section 13F or 13H, the Fitness to Practise Committee must have regard to the over-arching objective. The Hearings Panel 5D 1 The Council shall appoint a panel of persons (“the Hearings Panel”) from whom members of the Fitness to Practise Committee and the Registration Appeals Committee must be selected. 2 No person shall be appointed to the Hearings Panel— a if he is a member of the Council ; and b unless he satisfies such requirements as may be prescribed by rules made by the Council . 3 The Council shall pay members of the Hearings Panel such fees, allowances and expenses as the Council may determine. 4 The Council shall arrange such training for members of the Hearings Panel as the Council consider appropriate. 5 The Council may by rules make provision in respect of the Hearings Panel and may, in particular, make provision— a as to the number of persons to be appointed to the Hearings Panel; b for the removal or resignation from the Hearings Panel of any person appointed to it; c for the term of appointment of any person appointed to the Hearings Panel; and d for the publication of a list of members of the Hearings Panel. General power to appoint committees. 6 1 The Council may set up a committee for any purpose (other than a purpose for which this Act requires that there shall be a committee of the Council) and may delegate to a committee set up under this section, with or without restrictions or conditions, as they think fit, any functions exercisable by them except the following— a the power to make rules under this Act; b any functions expressly conferred by this Act on some other committee; and c subject to any express provision for delegation in the rules, any functions expressly conferred on the Council by rules under this Act. 2 The number of members of a committee set up under this section and their term of office shall be fixed by the Council. 3 A committee set up under this section may include persons who are not members of the Council, but at least two-thirds of the members of every such committee shall be members of the Council. 4 Every member of a committee set up under this section who at the time of his appointment was a member of the Council shall, upon ceasing to be a member of the Council, also cease to be a member of the committee. 5 For the purposes of this section a member of the Council shall not be deemed to have ceased by reason of retirement to be a member of it if he has again been nominated or elected a member of it not later than the date of his retirement. 6 Any function delegated to a committee set up under this section may be further delegated by that committee to an officer or employee of the Council except to the extent that the Council limits or prohibits its further delegation. 7 The delegation of a function under this section shall not prevent the exercise of the function by the committee by whom the delegation is made. Powers of delegation 6A 1 The Council may delegate to any Committee of the Council , other than a committee set up under section 6 above, or to any officer or employee of the Council , any of the functions exercisable by the Council under this Act, except the following— a the power to make rules; and b any functions expressly conferred by this Act on some other committee. 2 Any function delegated under this section to a Committee or officer of the Council may be further delegated by the Committee or officer to an employee of the Council except to the extent that the Council limits or prohibits its further delegation. 3 The registrar may delegate any function of his, whether assigned to him under this Act or by the Council under this section, to any employee of the Council . 4 The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made. Part II Registration and Training of Opticians The registers and lists Registers of opticians. 7 The Council shall continue to maintain— a a register of optometrists; and b a register of dispensing opticians, each containing the names and addresses , and such other particulars as may be prescribed, of all persons who are entitled under the provisions of this Act to be registered in it and who apply in the prescribed manner to be so registered. Qualifications for being registered. 8 1 A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he— a holds a qualification— i as an optometrist or a dispensing optician; ii which, at the time it was granted, was approved by the Council under section 12(7)(b) below; and iii which was granted to him after receiving instruction from one or more of the establishments approved by the Council under section 12(7)(a) below; b has had adequate practical experience in the work of an optometrist or a dispensing optician; and c is a fit person to practise as an optometrist or a dispensing optician. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Subject to subsection (2A), a person shall be entitled to have his name in the appropriate register if he satisfies the Council that he— a holds a qualification as an optometrist or as a dispensing optician granted outside the United Kingdom; b has had adequate practical experience in the work of an optometrist or a dispensing optician; and c is a fit person to practise as an optometrist or a dispensing optician. 2A The Council may determine, in relation to any particular person or class of person to which subsection (2) above applies, that before being entitled to have his name in the appropriate register, a person must— a obtain such qualification, approved in accordance with section 12(7)(b) below; or b pass such test, approved in accordance with section 12(7)(c) below, as they consider appropriate. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2D Subsections (2E) to (2H) apply instead of subsections (2) to (2B) in the case of a person whose qualification is a specified state qualification. 2E Subject to subsection (2F), a person is entitled to have the person’s name in the appropriate register if the person satisfies the Council that— a the person holds a qualification as an optometrist or as a dispensing optician which is a specified state qualification; b the person has had adequate practical experience in the work of an optometrist or dispensing optician; and c the person is a fit person to practise as an optometrist or dispensing optician. 2F A person is not entitled to have the person’s name in the appropriate register by virtue of subsection (2E) if the Council determine that one or more of Conditions 1 to 3 are met in relation to the person’s specified state qualification, unless the person satisfies the Council that the person has met the requirement specified in relation to the person under section 8ZA. 2G For the purpose of this section and section 8ZA— a Condition 1 is met where there exists a substantial difference between the knowledge and skill evidenced by a person’s specified state qualification and the knowledge and skill demonstrated by an approved UK qualification; b Condition 2 is met where the professional activities to which an approved UK qualification relates include one or more professional activities that cover substantially different matters from those covered by the person’s specified state qualification; c Condition 3 is met where requiring the person to take an aptitude test or complete an adaptation period would amount to requiring the person to acquire an approved UK qualification. 2H The Council may determine in relation to a person who holds a qualification as an optometrist or as a dispensing optician which is a specified state qualification that, before being entitled to have the person’s name in the appropriate register, the person must pass such test, approved in accordance with section 12(7)(c), as they consider appropriate. 2I Where the Council make a determination that a specified state professional must take a test approved in accordance with section 12(7)(c), the test must be proportionate to the language skills necessary to practise as an optometrist or a dispensing optician. 3 Any person who on lst January 1959 was entitled to have his name included in one of the health service ophthalmic lists, and whose name had not at that time been removed from one of those lists by direction of a health service tribunal, shall be entitled to be registered in the appropriate register. 4 Any person who on an application made not later than lst June 1961 satisfied the Council— a that on the date of his application he held a qualification as an optometrist or dispensing optician recognised by them for the purposes of this subsection; and b that he had had adequate practical experience in the work of an optometrist or dispensing optician; and c that he was of good character, shall be entitled to be registered in the appropriate register. 5 Any person who on an application made after lst June 1961 but before this Act came into force satisfied the Council— a that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and b that he had had adequate practical experience in the work of an optometrist or dispensing optician; and c that he was of good character, shall be entitled to be registered in the appropriate register. 6 Any person who on an application made after this Act comes into force satisfies the Council— a that on lst June 1961 he held a qualification such as is mentioned in paragraph (a) of subsection (4) above; and b that he has had adequate practical experience in the work of an optometrist or dispensing optician; and c that he is a fit person to practise as an optometrist or a dispensing optician, shall be entitled to be registered in the appropriate register. 7 In the case of a person whose qualifications (including experience) are appropriate for optometrists, the register of optometrists and the register of dispensing opticians are both appropriate registers for the purposes of this section and, in the case of a person whose qualifications (including experience) are only appropriate for a dispensing optician, the register of dispensing opticians is appropriate for those purposes. 8 A person may have his name in both the register of dispensing opticians and the register of those undertaking training as optometrists. 8A Except as provided in subsection (8) above, a person may not have his name in more than one register. 9 Where the Council have refused to grant an application for registration under subsection (4), (5) or (6) above, the Privy Council, on representations being made to them, may if they think fit, after considering the representations and after communicating with the Council, order the Council to grant the application. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 In this section “ 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). Section 8: further provision relating to specified state qualifications 8ZA 1 This section applies where a person who holds a specified state qualification applies to have the person’s name in the appropriate register under section 8 and the Council determine that one or both of Conditions 1 and 2 are met in relation to the person’s qualification. 2 This section does not apply if the Council determine that Condition 3 is met in relation to the person’s specified state qualification. 3 Where this section applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person before the person is entitled to have the person’s name in the appropriate register. 4 An aptitude test or adaptation period specified under this section, or an aptitude test and adaptation period together specified under this section, must be proportionate to the difference sought to be addressed. 5 The Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them. 6 If the Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year. Registers of students 8A 1 The Council shall maintain a register of persons undertaking training as optometrists and a register of persons undertaking training as dispensing opticians. 2 A person who is undertaking training provided by an approved training establishment or obtaining practical experience in the work of an optometrist or a dispensing optician shall have his name in the appropriate register. 3 A person shall be entitled to have his name in the appropriate register if he satisfies the Council that he is fit to undertake training as an optometrist or a dispensing optician, and either— a he is undertaking, or will be undertaking, training provided by an approved training establishment; or b he is obtaining, or will be obtaining, practical experience in the work of— i an optometrist under the supervision of a registered medical practitioner or a registered optometrist; or ii a dispensing optician under the supervision of a registered medical practitioner, a registered optometrist or a registered dispensing optician. 4 Each register shall contain the names and addresses of the persons who are registered under this section, together with such other particulars as the Council may prescribe in rules. 5 The Council may make rules as to the circumstances in which a person’s name may be removed from a register maintained under this section. Visiting opticians from relevant European States: registers 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Visiting optometrists: entitlement to registration 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Visiting dispensing opticians: entitlement to registration 8D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of bodies corporate carrying on business as opticians. 9 1 The Council shall maintain a register of bodies corporate carrying on business as an optometrist or a dispensing optician or both, containing the names, principal places of business and such other particulars, as may be prescribed by the Council , of the bodies which are entitled under the following provisions of this Act to be registered in it and apply in the prescribed manner to be registered or to have their registration retained in the register. 2 Subject to subsection (3) below, a body corporate shall be entitled to be registered in the register if it satisfies the Council that it is fit to carry on business as an optometrist or a dispensing optician or to carry on both businesses and— a if it satisfies the Council that a majority of its directors are registered optometrists or registered dispensing opticians or, in the case of a body corporate having only one director, that he is a registered optometrist or registered dispensing optician ; b if on 20th November 1957 its name or a name under which it carried on business was included in one of the health service ophthalmic lists or if it subsequently came into existence on the reconstruction of a body corporate entitled to be registered by virtue of this paragraph; c if it satisfies the Council— i that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances; and ii that so much of its business as consists of the testing of sight is carried on under the management of a registered optometrist ; and iii that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optometrist or registered dispensing optician ; or d if— i it is a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 or a society registered under the Industrial and Provident Societies Act (Northern lreland) 1969; and ii it satisfies the Council that so much of its business as consists of the testing of sight, or of the fitting and supply of optical applicances, as the case may be, is carried on under such management as is mentioned in paragraph (c)(ii) and (iii) above. 3 A body corporate shall not be entitled to be registered by virtue of subsection (2)(b) above if its name, or the name of any body on whose reconstruction it came into existence, or a name under which it or any such body carried on business has at any time— a been removed from one of the health service ophthalmic lists by direction of a health service tribunal; or b been the subject of an order for erasure from the register maintained under subsection (1) above. General provisions as to registers and lists. 10 1 The Council may make rules with respect to the form and keeping of the registers ... and the making of entries and alterations in them and, in particular— a regulating the making of applications for registration ... or for transfer from one register ... to another, and providing for the evidence to be produced in support of any such application; b providing for— i the notification to the Council of any change in the information provided by the registrant to the Council in accordance with rules made under paragraph (c)(ii) below; and ii the removal from the appropriate register of the name of the registrant if he fails to notify the Council of any such change; c ... prescribing — i a fee to be charged; ii information to be provided to the Council ; and iii the time within which the fee is to be paid and the information provided, for the entry or retention of a name in, or the restoration of a name to, a register; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e providing for the entry in the register of qualifications (whether or not approved under section 12(7)(b) below ) possessed by persons whose names are registered in it and for the removal of such qualifications from the register, and prescribing a fee to be charged in respect of the entry; f authorising the registrar to refuse to enter or retain a name in, or restore a name to, the appropriate register until the fee prescribed under paragraph (c)(i) has been paid, and the information prescribed under paragraph (c)(ii) and the evidence required by section 10A(3) has been provided, to the Council ; ff authorising the registrar to remove a person’s name from the appropriate register if he ceases to satisfy the requirements for registration specified in section 8, 8A or 9 above, or ceases to satisfy the requirement to be insured under section 10A(1) below, or fails to pay any fee due or provide any information he is required to provide; g prescribing anything required or authorised to be prescribed by the provisions of this Act relating to the registers .... 1ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1ZB If rules under this section prescribe a fee to be charged on the entry of a person’s name in the register in a case where the person applies for registration in reliance on a specified state qualification, the fee must be— a reasonable and proportionate to the cost of dealing with such a person’s application; b transparent, and made public in advance; and c payable by electronic means through the Council’s own website. 1ZC Where a person applies for registration under section 8 in reliance on a specified state qualification, the Council must— a within the period of one month beginning with the date of receipt of the application— i acknowledge receipt of the application; and ii inform the applicant of any missing document required for the purposes of the application; b give the applicant adequate time to complete the requirements and procedures of the application process; c ensure that the documentary and other evidence which is to accompany applications for registration is no more than is necessary to demonstrate to the Council that the applicant satisfies each of the requirements imposed by or under section 8; d accept copies of documents in place of original documents (subject to such provision about verifying copies as is made by rules under subsection (1)) unless the Council require original documents to protect the integrity of the application process; e deal promptly with the application; and f as soon as reasonably practicable and in any event within four months beginning with the relevant date, notify the applicant in writing of the result of the application. 1ZD In subsection (1ZC)(f), “ the relevant date ”, in relation to an application, is— a the date on which the Council receive the application; or b if any document required for the purposes of the application is missing when the Council receive the application, the date on which the Council first have all the documents required for those purposes. 1ZE If the Council make a request for further evidence, information or documents from the applicant, the period beginning with the date on which the Council make that request and ending with the date on which the applicant complies with that request is to be disregarded in determining whether the period of four months referred to in subsection (1ZC)(f) has expired. 1A The Council may make rules— a specifying specialties or levels of proficiency which a registered optometrist or registered dispensing optician may be permitted to register; b enabling the registrar to enter in the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies where such requirements as may be prescribed for inclusion of such an entry have been met; c enabling the registrar to remove from the appropriate register particulars of a registered optometrist’s or registered dispensing optician’s specialties or proficiencies in such circumstances as may be prescribed; d applying with or without modification rules made under subsection (1) above to specialties and proficiencies; e specifying the activities or work which may be performed by registered optometrists or registered dispensing opticians whose registration in the appropriate register includes particulars registered in accordance with rules made under paragraph (b) above; and f providing that the performing of such activities or work by a registered optometrist or registered dispensing optician whose registration in the appropriate register does not include such particulars shall be treated as adversely affecting a registered optometrist’s or registered dispensing optician’s fitness to practise. 2 On registering the death of a registrant a registrar shall send forthwith by post to the registrar of the Council a copy certified under his hand of the entry relating to the death in the register of deaths; and the cost of the certificate and of sending it by post shall be payable by the registrar of the Council to the registrar of births and deaths from whom it is received. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Council may make rules providing for— a the communication of documents in electronic form to the Council ; and b the electronic storage of documents communicated to the Council whether or not in electronic form. Indemnity arrangements for individual registrants and persons applying for their name to be registered 10A 1 A registered optometrist or registered dispensing optician who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such. 2 For the purposes of this section, an “indemnity arrangement” may comprise— a a policy of insurance; b an arrangement made for the purposes of indemnifying a person; c a combination of the two. 3 For the purposes of this section, “appropriate cover”, in relation to practice as a registered optometrist or registered dispensing optician, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such. 4 The Council may make rules in connection with the information provided to the registrar— a by or in respect of a person seeking registration in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is entered in the appropriate register, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; b by or in respect of a person seeking restoration of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is restored in the appropriate register, there will be in force in relation to him by the time he resumes practice an indemnity arrangement which provides appropriate cover; and c by or in respect of a registered optometrist or registered dispensing optician seeking retention of his name in the register of optometrists or dispensing opticians for the purpose of determining whether, if his name is retained in the appropriate register, there will continue to be in force in relation to him an indemnity arrangement which provides appropriate cover. 5 Rules made under subsection (4)(c) may require the information mentioned there to be provided— a at the request of the registrar; or b on such dates or at such intervals as the registrar may determine, either generally or in relation to individual registrants or registrants of a particular description. 6 The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover. 7 The Council may also make rules requiring a registered optometrist or registered dispensing optician to inform the registrar if there is in force in relation to him, appropriate cover provided under an indemnity arrangement provided by an employer. 8 Where a person fails to comply with rules made under subsection (4), or there is a failure to comply with rules made under subsection (4) in relation to him, the registrar may— a refuse to register his name in the appropriate register; b refuse to restore his name to the appropriate register; or c remove his name from the appropriate register. 9 Where a registered optometrist or registered dispensing optician is in breach of subsection (1) or fails to comply with rules made under this section— a the registrar may remove that person’s name from the appropriate register; or b the breach or failure may be treated as misconduct for the purposes of section 13D(2)(a), and the registrar may refer the matter to the Investigation Committee under section 13D(5). 10 Where a person’s name has been removed from the appropriate register under subsection (8)(c) or (9)(a), that name shall be restored to the appropriate register on that person’s application, if the registrar is satisfied that the person meets the requirements of— a section 8(1) or (2); b this section; and c any rules made under section 7, 11A or 11B(6) which apply to that person’s case. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication of registers and proof of registration 11 1 The Council shall publish from time to time information from each register in such form (including electronic form) as they consider appropriate. 2 The information published by the Council shall include— a a list of all persons or bodies whose names are in the registers on a date specified by the Council at the time of publication; b the number assigned to the person or body on the appropriate register; and c such other particulars (if any) as the Council may direct in relation to registrants or a particular class of registrants. 3 A copy of the appropriate register purporting to be published by the Council shall be evidence (and in Scotland sufficient evidence) in all proceedings that the persons or bodies whose names are in the appropriate register are registrants, and the absence of the name of any person or body from such a copy of the appropriate register shall be evidence, until the contrary is shown, that that person or body is not a registrant. 4 The registrar may issue a certificate that— a a person’s or body’s name is in the appropriate register; b a person’s or body’s name is not in the appropriate register; c a person’s or body’s name was in the appropriate register at a specified date or during a specified period; d a person’s or body’s name was not in the appropriate register at a specified date or during a specified period; or e a person’s or body’s name has never been in the appropriate register. 5 A certificate issued under subsection (4) above shall be evidence (and in Scotland sufficient evidence) of the matters certified. 6 Subsections (3) and (4) above shall apply to entries made in accordance with rules made under section 10(1A) above as they apply to registration in the appropriate register. Training and Qualifications Requirement for continuing education and training 11A 1 The Council may by rules make a scheme providing for the continuing education and training of— a registered optometrists and registered dispensing opticians; and b others who have been but who are not so registered and who seek registration, whether by way of restoration or otherwise. 2 Such a scheme may in particular— a impose requirements on persons to whom the scheme applies for continuing education and training; b provide for a person appointed by the Council (“the administrator”) to administer the scheme; c specify, or provide for the administrator to specify, the steps which persons to whom the scheme applies are expected to take to ensure they meet requirements imposed under the scheme for continuing education and training; d specify the procedures which persons to whom the scheme applies must follow in order to satisfy the Council that the requirements imposed upon them under the scheme have been met; e provide for the Council to impose additional education and training requirements on those persons against whose name in the appropriate register an entry is made in accordance with rules made under section 10(1A) above; and f include provision for education and training undertaken before the scheme comes into force, or undertaken outside the United Kingdom, to count towards the satisfaction of any requirement imposed in accordance with the preceding provisions of this subsection. 3 The rules may require the administrator to secure the provision of education and training— a sufficient in quantity to meet the reasonable needs of persons to whom the scheme applies; and b of a quality adequate to meet those needs. 4 The rules may— a require persons (“providers”) who seek to provide education and training for persons to whom the scheme applies to apply to the administrator for approval; b require the approval of the administrator for any curriculum established for the purpose of meeting the educational and training requirements of persons to whom the scheme applies, and for any lessons or activities provided for such persons; c provide for the charging of fees by the administrator for approval by him; d set the level of fees required to be paid for approval by the administrator and to provide for the collection of fees due; e require the keeping of records by providers and specify the period for which those records must be kept; f require records kept by providers to be produced for inspection at such time and such place as may be specified in accordance with the rules; g specify the procedures which must be followed by providers seeking approval under the rules; and h enable the Council to exercise in specified circumstances any of the administrator’s functions. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to satisfy requirements imposed under a scheme 11B 1 If it appears to the registrar that a person has failed to satisfy requirements for continuing education and training imposed upon him under a scheme made by virtue of section 11A above, the registrar may— a remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s name; or b refuse to restore the person’s name to the appropriate register. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 If it appears to the registrar that a person has failed to satisfy requirements for additional education and training imposed upon him under a scheme by virtue of section 11A(2)(e) above, the registrar may— a remove from the appropriate register, or refuse to retain in the appropriate register, the registrant’s entry relating to a specialty or proficiency; or b refuse to restore the registrant’s entry relating to a specialty or proficiency in the appropriate register. 3 The registrar must serve on any person whose name or entry he removes from, or whose name he refuses to retain in or restore to, the appropriate register under this section, notice of his decision and the reasons for it. 4 If the registrar exercises his powers under subsection (1) above, and the person whose name is removed from, or not retained in, or restored to, the appropriate register— a subsequently satisfies the registrar that he has met the requirements provided for under the scheme as to continuing education and training; and b meets the other requirements for registration, the registrar must restore his registration. 5 If the registrar exercises his powers under subsection (2) above, and the registrant whose entry relating to a specialty or proficiency is removed from, not retained in, or restored to, the appropriate register— a subsequently satisfies the registrar that he has now met the requirements for additional education and training; and b meets the other requirements for an entry relating to a specialty or proficiency set out in rules made in accordance with section 10(1A) above, the registrar must make the entry. 6 The Council may make rules as to the procedures to be followed before the registrar— a may refuse under this section— i to retain in the register the name of a person; or ii to retain in the register an entry relating to a specialty or proficiency; or b may make a decision whether or not to restore a person’s name to the appropriate register or to restore an entry relating to a proficiency or specialty in accordance with this section. Education and training 12 1 The Council shall from time to time establish— a the competencies which a person must be able to demonstrate in order to be granted a qualification as an optometrist or a dispensing optician; and b the content and the standard of education and training (including practical experience) required for the purpose of achieving those competencies. 2 The Council must consult and seek advice from— a the Standards Committee before establishing the competencies specified in subsection (1)(a) above; b the Education Committee before establishing the requirements specified in subsection (1)(b) above. 3 The competencies and requirements established under subsection (1) above shall be published by the Council from time to time in such form as appears to the Council to be appropriate. 4 The Standards Committee and the Education Committee— a must respectively keep under review the competencies and requirements established under subsection (1) above; and b must each advise the Council if they consider changes to be necessary. 5 The Council must take into account any advice received from the Standards Committee and the Education Committee under subsection (4) above and must, if the Council consider it appropriate to do so, establish and publish revised competencies or requirements. 6 The Council must ensure that those establishments approved by the Council under subsection (7)(a) below who are engaged in the education, training or assessment of optometrists or dispensing opticians are notified of— a the competencies and requirements established under subsections (1) and (5) above; and b the requirements for the approval of any form of assessment under subsection (7)(b) below. 7 The Council may approve— a establishments where the instruction given to persons receiving education or training as optometrists or as dispensing opticians appears to the Council to be such as to provide them with adequate knowledge and skills to achieve the competencies for the practice of their profession; b a qualification as an optometrist or a dispensing optician granted to candidates following success in an examination or other form of assessment which in the Council ’s opinion indicates that the candidate has attained all the competencies for the time being established under subsections (1)(a) and (5) above; and c any test of a candidate’s competency in, or knowledge of, the English language carried out by an educational establishment on candidates seeking entry to courses for optometrists or dispensing opticians offered by that establishment. 8 If— a an establishment referred to in subsection (7)(a) above is outside the United Kingdom; or b a qualification referred to in subsection (7)(b) above is granted by an establishment which is outside the United Kingdom, the Council may, before determining whether to give their approval, commission others to advise and report on the suitability of the establishment or qualification. 9 The Council may also approve— a establishments which provide only some of the education or training; or b qualifications which meet only some of the requirements, needed to achieve the competencies referred to in subsection (1)(a) above. 10 The Council must from time to time publish, in such form (including electronic form) as they consider appropriate, a list of establishments and qualifications approved by them, indicating the purposes for which the approval was granted. 11 Subsections (1) to (10) above shall apply in relation to specialties and proficiencies specified under section 10(1A) above as they apply in relation to qualifications as an optometrist or a dispensing optician. Supervision of training establishments and qualifying assessments . 13 1 It shall be the duty of the Council to keep themselves informed of the nature of the instruction given by any approved training establishment to persons training as optometrists or dispensing opticians and of the assessments on the results of which approved qualifications are granted. 2 For the purposes of their duty under subsection (1) above the Council may appoint persons to visit approved training establishments and to attend at the assessments held by the bodies which grant approved qualifications. 3 No visitor shall interfere with the giving of any instruction or the holding of any assessment . 4 It shall be the duty of visitors to report to the Council— a as to the sufficiency of the instruction given by the establishments visited by them, or of the assessments attended by them; and b as to any other matters relating to such establishments or assessments which may be specified by the Council either generally or in any particular case. 5 Where it appears to the Council (as a result of a report under subsection (4) above or otherwise)— a that— i the instruction given by any approved training establishment to persons training as optometrists or dispensing opticians ; or ii the assessment undertaken by such persons, are not such as to secure the possession by them of adequate knowledge and skill for the practice of their profession; and b that for that reason the approval of the establishment or qualification in question should be withdrawn, the Council shall give notice in writing to the establishment or body of their opinion, sending with the notice a copy of any report on which their opinion is based. 5A Where rules are made under section 23A(2) above, a notice under subsection (5) above or subsection (8) below may be given by means of an electronic communication. 6 On the receipt of the notice the establishment or body may, within such period (not being less than one month) as the Council may have specified in the notice, make to the Council observations on the notice and any report sent with it or objections to the notice and report. 7 As soon as may be after the expiration of the period specified under subsection (6) above the Council shall determine whether or not to withdraw their approval of the establishment or qualification, taking into account any observations or objections duly made under that subsection. 8 The Council shall give notice in writing of any decision under this section to withdraw approval of an establishment or qualification to the establishment or body concerned and the decision shall not take effect until the expiration of one month from the date of the giving of the notice or, if during that time that establishment or body makes representations with respect to the decision to the Privy Council, until the representations are finally dealt with. 9 Where an establishment has been approved as suitable for more than one purpose, the Council, instead of entirely withdrawing approval of the establishment , may withdraw approval in relation to one or some of the purposes only and references in this section to the withdrawal of approval shall be construed accordingly. 10 Where the Council have decided to withdraw approval of an establishment or a qualification (whether entirely or to a limited extent), the Privy Council, on representations being made to them within one month from the giving of notice of the decision may, if they think fit, after considering the representations and after communicating with the Council, order the Council to annul the withdrawal of approval or, in the case of an establishment approved as suitable for more than one purpose, to withdraw approval in relation to one or some of the purposes only. 11 The Council may pay to visitors appointed under this section such fees and such travelling and subsistence allowances, to be paid as part of the expenses of the Council, as the Council may ... determine. PART 2A FITNESS TO PRACTISE The Council’s duty to provide guidance on fitness to practise 13A 1 The Council shall— a provide, in such manner as the Council considers appropriate, guidance for registered optometrists, registered dispensing opticians and student registrants, on matters relating to fitness to practise or, in the case of a student registrant, fitness to undertake training, and in particular on the standards of conduct and performance expected of them; and b establish and keep under review effective arrangements to protect members of the public from registered optometrists, registered dispensing opticians and student registrants whose fitness to practise or, in the case of a student registrant, fitness to undertake training, is impaired. 2 The Council shall— a provide, in such manner as the Council considers appropriate, guidance to business registrants on matters relating to fitness to carry on business as an optometrist or a dispensing optician or both, and in particular on the standards of conduct and performance expected of such registrants in carrying on that business; and b establish and keep under review effective arrangements to protect the public from business registrants whose fitness to carry on business as an optometrist or a dispensing optician or both is impaired. 3 Before issuing guidance or varying guidance already issued under this section, the Council shall consult groups which, in the Council ’s opinion, are representative of registrants or of persons with an interest in the subject matter of the guidance. 4 The Council shall keep under review, and revise as appropriate, guidance provided by them under this section. Information to be provided to specified state professionals 13AA 1 The Council must make information about the following matters available to specified state professionals— a the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; b the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; c the processes and procedures for the ongoing verification of competence; d the criteria for, and procedures relating to, erasure or removal from the appropriate register; e the documentation required of specified state professionals and the form in which it should be presented; and f the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered optometrists or registered dispensing opticians that are acceptable to the Council. 2 The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registered optometrists or registered dispensing opticians. The Council’s power to require disclosure of information 13B 1 For the purpose of assisting the Council or any of their Committees in carrying out any of their functions under this Act relating to— a a registered optometrist’s or a registered dispensing optician’s fitness to practise; b a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both; or c a student registrant’s fitness to undertake training, the Council may require a registrant or any other person to supply any information or produce any document which appears to the Council relevant to the discharge of those functions. 2 As soon as reasonably practicable after the date on which an allegation has been made to the Council relating to a registered optometrist’s or registered dispensing optician’s fitness to practise or a student registrant’s fitness to undertake training, the Council shall require, from the registrant to whom the allegation relates, particulars of any person who employs him. 3 Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR ; but if information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the Council may, in exercising their functions under subsection (1) above, require that the information be put into a form which is not capable of identifying that individual. 4 In determining for the purposes of subsection (3) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section. 5 Subsection (1) above does not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before— a the Court of Session, if the person’s address in the appropriate register is in Scotland, or if he is not registered, if he is resident in Scotland; b the High Court of Justice in Northern Ireland, if the person’s address in the appropriate register is in Northern Ireland, or if he is not registered, if he is resident in Northern Ireland; or c the High Court of Justice in England and Wales, if the person’s address in the appropriate register is in England or Wales, or if he is not registered, he is resident in England or Wales. 6 If a person fails to supply any information or produce any document within fourteen days of his being required to do so under subsection (1) above, the Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced. 7 In subsection (6) above, “relevant court” means the county court or, in Scotland, the sheriff. 8 In subsection (7) above, “the sheriff” means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document. 9 For the purposes of subsection (3) above, “enactment” includes— a a provision of, or an instrument made under, an Act of the Scottish Parliament; b a provision of, or an instrument made under, Northern Ireland legislation; and c a provision of subordinate legislation (within the meaning of the Interpretation Act 1978). 10 In this section, “ the UK GDPR ” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act). Notification and disclosure by the Council 13C 1 As soon as is reasonably practicable after an allegation is received by the Council relating to a registered optometrist’s or registered dispensing optician’s fitness to practise or, in the case of a business registrant, its fitness to carry on business as an optometrist or a dispensing optician or both, or in the case of a student registrant, his fitness to undertake training, they shall notify the persons specified in subsection (2) below of an investigation under this Part by the Council or any of its Committees of— a a registered optometrist’s or a registered dispensing optician’s fitness to practise; b a business registrant’s fitness to carry on business as an optometrist or a dispensing optician, or to carry on both businesses; or c a student registrant’s fitness to undertake training. 2 The persons specified in this subsection are— a the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and b any person in the United Kingdom of whom the Council are aware by whom the registered optometrist, registered dispensing optician or student registrant is employed. 3 The Council may disclose to any person any information relating to— a a registered optometrist’s or a registered dispensing optician’s fitness to practise; b a business registrant’s fitness to carry on business as an optometrist or a dispensing optician, or to carry on both businesses; or c a student registrant’s fitness to undertake training, which they consider it to be in the public interest to disclose. Allegations 13D 1 This section applies where an allegation is made to the Council against— a a registered optometrist or a registered dispensing optician that his fitness to practise is or may be impaired; b a business registrant that its fitness to carry on business as an optometrist or a dispensing optician, or both, is or may be impaired; or c a student registrant that his fitness to undertake training as an optometrist or a dispensing optician is or may be impaired. 2 The only grounds upon which the fitness to practise of a registered optometrist or registered dispensing optician, or the fitness to undertake training of a student registrant, is “impaired” for the purposes of this Act are— a misconduct; b except in the case of a student registrant, deficient professional performance; c a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence; d the registrant having accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution); e the registrant, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely; f adverse physical or mental health; or g a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect. 3 The only grounds upon which a business registrant’s fitness to carry on business as an optometrist o