Regulation 4 Exceptions to the duty to issue a prescription or statementI1

England, Wales and Scotland

The duty which section 20B(2) of the Act imposes on doctors and F1optometrists (to issue a prescription or a statement after testing a patient’s sight) shall not arise where–

(a)

the doctor or F2optometrist who has tested the patient’s sight refers the patient to his doctor for further investigation or treatment;

(b)

the sight test was carried out as part of a general medical examination including such an examination for insurance purposes, within the meaning of section 2(1) of the Access to Medical Reports Act 1988^f1, or for employment purposes, within the meaning of section 2(1) of that Act; F3...

(c)

the patient was resident in a hospital or a clinic, for the purposes of treatment, when his sight was tested F4; or

(d)

the patient is being fitted with contact lenses as part of the medical or clinical treatment provided for an eye condition..

Annotations

Textual amendments

F1: Word in reg. 4 substituted (30.6.2005 as notified in the London Gazette dated 3.6.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 22(d)
F2: Word in Regulation substituted (30.6.2005 as notified in the London Gazette dated 3.6.2005) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), Sch. 1 para. 22(b)
F3: Word in reg. 4(b) omitted (30.6.2005) by virtue of The Contact Lens (Specification) and Miscellaneous Amendments Regulations 2005 (S.I. 2005/1481), regs. 1(1), 5(a)
F4: Reg. 4(d) and word inserted (30.6.2005) by The Contact Lens (Specification) and Miscellaneous Amendments Regulations 2005 (S.I. 2005/1481), regs. 1(1), 5(b)

Commencement

I1: Reg. 4 in force at 31.7.1989, see reg. 1

Footnotes

f1: 1988 c. 28.