# The Opticians Act 1989 (Amendment) Order 2005, Paragraph 20: The Contact Lens (Qualifications etc) Rules 1988


(1) The Contact Lens (Qualifications etc) Rules 1988 shall be amended in accordance with the following provisions of this paragraph.
(2) For the words “registered optician”, wherever they occur, substitute “registered optometrist or registered dispensing optician”.
(3) In rule 2(2), omit the definition of “fitting”.
(4) In rule 3 (qualifications required for fitting of contact lens by a registered optician) at the end, add—
“,
and the fitting of contact lenses is entered in the appropriate register against his name in accordance with rules made under section 10(1A) of the Act (particulars of registrants' specialties or proficiencies).”.
(5) For rule 4, substitute—
“Fitting a contact lens under supervision
4 Rule 3 does not prevent a registered optometrist or registered dispensing optician who does not hold a qualification, certification or provisional certification fitting a contact lens if the fitting is carried out under the supervision of a person who does hold such a qualification, certification or provisional certification.”.
(6) For rule 10 (cancellation of certification or provisional certification), substitute—
“Cancellation
10 (1) The Council may cancel any certification or provisional certification granted to a registered optometrist or registered dispensing optician—
(a) in respect of an application which is subsequently shown to contain false or misleading statements;
(b) if his name is removed from the register or if he is suspended from the register under section 13F (powers of Fitness to Practise Committee), 13I (power to order immediate suspension etc) or 13J (removal from a register on grounds of fraud or error) of the Act;
(c) if his entry relating to a specialty or proficiency is removed from the appropriate register under section 13F, 13I or 13J of the Act; or
(d) if he is the subject of an interim suspension order or interim conditional registration order under section 13L of the Act (interim orders).
(2) Paragraph (1) is without prejudice to the right of a registered optometrist or registered dispensing optician to have his certification or provisional certification renewed on—
(a) having his name or entry relating to a specialty or proficiency restored pursuant to section 10 (general provisions as to registers) or 13K (restoration of names to a register) of the Act;
(b) termination of a period of suspension (unless followed by a further period of suspension or erasure); or
(c) termination of a period of temporary removal of an entry relating to a specialty or proficiency (unless followed by a further direction for removal whether or not for a specified period).”.
(7) In rule 12 (fitting of contact lenses in the course of business, and use of titles, etc.)—
(a) in paragraph (1), for the words “or who are entitled to fit contact lenses by virtue of these Rules or of Rules made under section 20A(3) of the Act”, substitute “or have an entry for the fitting of contact lenses in the appropriate register in accordance with rules made under section 10(1A) of the Act”; and
(b) in paragraph (2)—
(i) for the word “enrolled” substitute “registered”, and
(ii) for the words “or persons entitled to fit contact lenses by virtue of these Rules or of Rules made under section 20A(3) of the Act”, substitute “or who have an entry for the fitting of contact lenses in the appropriate register in accordance with rules made under section 10(1A) of the Act.”.
(8) Omit rules 13 and 14.
(9) For rule 15 (provision of after-care) substitute—
“Exemption from the duty to provide aftercare
15 (1) A person is exempted from the duty to provide aftercare under section 27 of the Act (sale and supply of optical appliance) if he is not a person to whom paragraph (2) refers.
(2) The person to whom this paragraph refers is—
(a) if only one person supplied a contact lens to the person, that person; or
(b) if more than one person supplied a contact lens to the person, the last person to fit a lens.”.

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Source: https://www.legislation.gov.uk/ukdsi/2005/0110722671/schedule/1/paragraph/20 (the official version)
Page: https://openlegislation.uk/draft-opticians-act-1989-amendment-order-2005/schedule-1/paragraph-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

