Paragraph 26 Visiting opticians: saving of old law for up to one year
Where—
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an optometrist or dispensing optician (and section 8C(3) or 8D(3) of the 1989 Act accordingly applied to the person), and
the person continues to have that benefit on or after exit day,
any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting opticians from relevant European states.
Sub-paragraph (1) ceases to apply in relation to a visiting optometrist or dispensing optician—
if the optometrist or optician is registered as required by section 8C(3) or 8D(3) of the 1989 Act, when his or her name is removed under section 8C(6) or 8D(6) of the Act;
otherwise, when his or her entitlement ceases by reason of the operation of section 8C(5) or 8D(5) of the Act.
The reference in sub-paragraph (1) to “the provisions relating to visiting opticians from relevant European states” is to the provisions listed in the following table.
| Act or instrument | Provision relating to visiting opticians |
|---|---|
| The 1989 Act | sections 8B to 8D |
| section 10(1)(c) and (1ZA) | |
| section 10A(11) | |
| section 11A(5) to (7) | |
| section 11B(1A) to (1C) | |
| section 29(2A) | |
| section 36(1) | |
| Schedule 1, paragraph 1A(1)(b)(ii) | |
| National Health Service (Scotland) Act 1978 | section 108(1) |
| National Health Service (General Ophthalmic Services) Regulations 1986 | regulation 2(1) |
| National Health Service (Service Committees and Tribunal) Regulations 1992 | regulation 2(1) |
| Medicines for Human Use (Clinical Trials) Regulations 2004 | regulation 2(1) |
| General Optical Council (Registration) Rules 2005 | rules 2(1A), 21A and 21B |
| National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 | regulation 2(1) |
| National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 | regulation 2(1) |
| Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 | regulation 1(2) |
| Human Medicines Regulations 2012 | regulation 8(1) |