Section 31 Miscellaneous matters with respect to which rules may be made.

United Kingdom

(1)

Subject to subsection (2) below, the Council may make rules prohibiting or regulating—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

F2the carrying on of a practice or business by registered optometrists, registered dispensing opticians and business registrants under names other than those under which they are registered;

(c)

F3the prescription, sale, supply and administration of drugs by registered optometrists, registered dispensing opticians or business registrants, their employees and persons providing services to them in the course of their practice or business of an optometrist or a dispensing optician;

(d)

the practice of orthoptics by F4registered optometrists, registered dispensing opticians, business registrants and their employees;

(e)

F5the prescription, sale, supply and fitting of contact lenses by registered optometrists, registered dispensing opticians, business registrants, their employees and persons providing services to them.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F7The Council may make rules specifying requirements which registered optometrists, registered dispensing opticians and business registrants or employees of or persons providing services to them must meet if they are to prescribe, fit, supply or sell contact lenses.

(4)

The power conferred by subsection (3) above is a power—

(a)

F8in relation to registered optometrists, registered dispensing opticians and business registrants or employees of or persons providing services to them, to specify qualifications which they must have; and

(b)

in relation to F9business registrants , to specify conditions which they must satisfy.

(5)

The Council shall make and submit to the Privy Council rules providing that where it appears to a F10registered optometrist or registered dispensing optician that a person consulting him is suffering from an injury or disease of the eye, the registered optometrist or registered dispensing optician shall, F11except—

(a)

in an emergency,

(b)

where that person is consulting him for the purpose of being given treatment in accordance with rules under subsection (l)(d) above, or

(c)

in such other cases as may be prescribed,

take the prescribed steps to refer that person to a registered medical practitioner for advice and treatment.

(5A)

F12Rules made by virtue of subsection (5)(c) may impose conditions which must be satisfied if the exception for which those rules provide is to apply.

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 31(1)(a) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(a)(i) (with Sch. 2)
F2: S. 31(1)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(a)(ii) (with Sch. 2)
F3: S. 31(1)(c) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(a)(iii) (with Sch. 2)
F4: Words in s. 31(1)(d) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(a)(iv) (with Sch. 2)
F5: S. 31(1)(e) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(a)(v) (with Sch. 2)
F6: S. 31(2) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(b) (with Sch. 2)
F7: S. 31(3) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(c) (with Sch. 2)
F8: S. 31(4)(a) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(d) (with Sch. 2)
F9: Words in s. 31(4)(b) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(e) (with Sch. 2)
F10: Words in s. 31(5) substituted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(f) (with Sch. 2)
F11: Words in s. 31(5) substituted and s. 31(5)(a)-(c) inserted (15.8.1997) by 1997 c. 46, s. 30(2); S.I. 1997/1780, art. 2(1), Sch.
F12: S. 31(5A) inserted (15.8.1997) by 1997 c. 46, s. 30(3); S.I. 1997/1780, art. 2(1), Sch.
F13: S. 31(6) omitted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by virtue of The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 6(g) (with Sch. 2)