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The European Qualifications (Health and Social Care Professions) Regulations 2007 PART 13 — OPTICIANS: OTHER LEGISLATION

189–20517 provisions

Amendment of the National Health Service Act 1977

189

In the National Health Service Act 1977 , in section 128 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act , ” .

Amendment of the National Health Service (Scotland) Act 1978

190

In the National Health Service (Scotland) Act 1978 , in section 108 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ” .

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979

191

In the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “optician” substitute— “ optician ” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act.

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979

192

In the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979 , in regulation 2 (interpretation), in paragraph (1), for the definition of “optician” substitute— “ optician ” means a person whose name is entered in the register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States or visiting dispensing opticians from relevant European States maintained under section 8B of that Act; and

Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

193

In the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute— “ registered optometrist ” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;

Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

194

In the National Health Service (General Ophthalmic Services) Regulations 1986 , in regulation 2 (interpretation), in paragraph (1), in the definition of “optician”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ” .

Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992

195

In the National Health Service (Service Committees and Tribunal) Regulations 1992 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician”, after “section 7(a) of that Act” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ” .

Amendment of the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993

196

In the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993 , in rule 4 (classes of persons training as optometrists), in paragraph (c)— (a) for “Regulation 6 of the European Communities (Recognition of Professional Qualifications) Regulations 1991” substitute “ the General Systems Regulations ” ; and (b) for “that regulation” substitute “ those Regulations ” .

Amendment of the Prescription Only Medicines (Human Use) Order 1997

197

In the Prescription Only Medicines (Human Use) Order 1997 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute— “ registered optometrist ” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;

Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

198

In the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), in paragraph (d) of the definition of “health professional”, after “section 7” insert “ or 8B ” .

Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

199

In the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 , in regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (5)(d), after “section 7” insert “ or 8B ” .

Amendment of the General Social Care Council (Appointments and Procedure) Regulations 2001

200

In the General Social Care Council (Appointments and Procedure) Regulations 2001 , in regulation 4 (disqualification for appointment), in paragraph (7)(d), after “section 7” insert “ or 8B ” .

Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

201

In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2 (interpretation), in paragraph (1), for paragraph (e) of the definition of “health care professional” substitute— (e) a person registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act,

Amendment of the General Optical Council (Registration Rules) 2005

202

In the General Optical Council (Registration Rules) 2005 — (a) in rule 2 (interpretation), after paragraph (1) insert— (1A) These Rules do not apply in relation to registration in a register maintained under section 8B (registers relating to visiting opticians from relevant European States), except for rules 21A (visiting opticians from relevant European States: registration information), 21B (visiting opticians from relevant European States: changes in information provided to the Council) and 25(a) (erasure of registration). (b) in rule 12 (registration and restoration of registration)— (i) the existing provision shall be numbered as paragraph (1), and (ii) after that provision add— (2) In determining an application by a person who falls within section 8(1A)(a), the Council— (a) shall take into account all his qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application; and (b) if the person holds a qualification which— (i) was granted otherwise than in a relevant European State , but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as an optometrist or a dispensing optician in that State, shall take that acceptance into account. (c) in rule 13 (entry and restoration of an entry relating to a specialty in a register), in paragraph (2)(a), for “another EEA State” substitute “ a relevant European State other than the United Kingdom ” ; and (d) after rule 21 insert— Visiting opticians from relevant European States: registration information (21A) The register of visiting optometrists from relevant European States and the register of visiting dispensing opticians from relevant European States shall contain, in respect of each person whose name is registered in either of those registers, the following particulars— (a) the person's full name; (b) the person's registration number; (c) the date of the person's registration; and (d) the person's contact address in the United Kingdom. Visiting opticians from relevant European States: changes in information provided to the Council (21B) A person whose name is registered in the register of visiting optometrists from relevant European States or in the register of visiting dispensing opticians from relevant European States shall notify the Council forthwith of— (a) any change to the name under which he practises; or (b) any change to the contact details that he has notified to the Council.

Amendment of the National Health Service Act 2006

203

In the National Health Service Act 2006 , in section 275 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ” .

Amendment of the National Health Service (Wales) Act 2006

204

In the National Health Service (Wales) Act 2006 , in section 206 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ” .

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

205

In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 , in regulation 2(1) (interpretation), in the definitions of “optometrist” and “register”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act ” .

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