{
  "url": "https://openlegislation.uk/draft-european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2018/schedule-5/paragraph-26",
  "json_url": "https://openlegislation.uk/draft-european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2018/schedule-5/paragraph-26.json",
  "legislation": "ukdsi/2018/9780111177686",
  "legislation_title": "The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/draft-european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2018",
  "path": "schedule/5/paragraph/26",
  "kind": "paragraph",
  "number": "26",
  "heading": "Visiting opticians: saving of old law for up to one year",
  "text": "(1) Where—\n(a) 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\n(b) the person continues to have that benefit on or after exit day,\nany 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.\n(2) Sub-paragraph (1) ceases to apply in relation to a visiting optometrist or dispensing optician—\n(a) 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;\n(b) otherwise, when his or her entitlement ceases by reason of the operation of section 8C(5) or 8D(5) of the Act.\n(3) 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.\nAct or instrument\nProvision relating to visiting opticians\nThe 1989 Act\nsections 8B to 8D\nsection 10(1)(c) and (1ZA)\nsection 10A(11)\nsection 11A(5) to (7)\nsection 11B(1A) to (1C)\nsection 29(2A)\nsection 36(1)\nSchedule 1, paragraph 1A(1)(b)(ii)\nNational Health Service (Scotland) Act 1978\nsection 108(1)\nNational Health Service (General Ophthalmic Services) Regulations 1986\nregulation 2(1)\nNational Health Service (Service Committees and Tribunal) Regulations 1992\nregulation 2(1)\nMedicines for Human Use (Clinical Trials) Regulations 2004\nregulation 2(1)\nGeneral Optical Council (Registration) Rules 2005\nrules 2(1A), 21A and 21B\nNational Health Service (General Ophthalmic Services) (Scotland) Regulations 2006\nregulation 2(1)\nNational Health Service (Pharmaceutical Services) (Scotland) Regulations 2009\nregulation 2(1)\nPatient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012\nregulation 1(2)\nHuman Medicines Regulations 2012\nregulation 8(1)",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111177686/schedule/5/paragraph/26",
    "retrieved_at": "2026-10-30T15:02:15.035598+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}