Opticians Act 1996

c i e
AT 6 of 1996

OPTICIANS ACT 1996

Opticians Act 1996 Index


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c i e
OPTICIANS ACT 1996

Index Section Page

1 Testing of sight ................................................................................................................ 5
2 Fitting of contact lenses .................................................................................................. 5
3 Duties to be performed on sight testing ...................................................................... 7
4 Sale and supply of optical appliances .......................................................................... 8
5 Penalty for pretending to be registered etc ............................................................... 11
6 Provision as to death or bankruptcy of registered optician.................................... 12
7 Offences by body corporate ........................................................................................ 13
8 Evidence of registers etc .............................................................................................. 13
9 Interpretation ................................................................................................................. 14
10 Short title and commencement ................................................................................... 15
ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

Opticians Act 1996 Section 1


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c i e
OPTICIANS ACT 1996

Received Royal Assent: 16 April 1996
Passed: 16 April 1996
Commenced: 1 November 1986
AN ACT
to impose restrictions on the testing of sight and the prescribing and
supply of optical appliances; and for connected purposes.
1 Testing of sight

[P1989/44/24]
(1) Subject to the following provisions of this section, a person who is not a
registered medical practitioner or registered optometrist shall not test the
sight of another person.1

(2) Subsection (1) does not apply to the testing of sight by a person
recognised by a medical authority as a medical student, if carried out as
part of a course of instruction approved by that authority for medical
students or as part of an examination so approved.
(3) Subsection (1) does not apply to the testing of sight by persons training
as optometrists, or any prescribed class of such persons, in such cases
and subject to compliance with such conditions as may be prescribed by
rules made by the General Optical Council (“the Council
”) under
section 24(3) of the Opticians Act 1989 (an Act of Parliament) (“the UK

Act
”).2

(4) Any person who contravenes subsection (1) is guilty of an offence and
liable on summary conviction to a fine not exceeding £5,000.3

2 Fitting of contact lenses

[P1989/44/25]
(1) Subject to the following provisions of this section a person who is not a
registered medical practitioner, a registered optometrist or a registered
dispensing optician must not fit contact lenses for an individual.4

(1A) A registered medical practitioner, a registered optometrist, a registered
dispensing optician or a person to whom, by virtue of subsection (2) or
Section 2 Opticians Act 1996


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(3) below, subsection (1) above does not apply, must not fit a contact lens
for an individual unless —
(a) where the duty to give an individual a signed written prescription
under section 3(2) below arises, they have the particulars of such a
prescription given to the individual within the period of two
years ending on the date the fitting begins; and
(b) the fitting begins before any re-examination date specified in that
prescription.5

(2) Subsection (1) does not apply to the fitting of contact lenses by a person
recognised by a medical authority as a medical student, if carried out as
part of a course of instruction approved by that authority for medical
students or as part of an examination so approved.
(3) Subsection (1) does not apply to the fitting of contact lenses by persons
training as opticians, or any prescribed class of such persons, in such
cases and subject to compliance with such conditions as may be
prescribed by rules made by the Council under section 25(3) of the
UK Act.
(4) Any person who contravenes subsection (1) is guilty of an offence and
liable on summary conviction to a fine not exceeding £5,000.6

(5) A person to whom this subsection applies who fits a contact lens to an
individual must —
(a) on completion of the fitting, provide the individual with a signed,
written specification of each lens fitted sufficient to enable the lens
to be replicated unless, having carried out the assessment referred
to in subsection(9)(a) below, they are of the view that a contact
lens is not appropriate; and
(b) provide the individual with instructions and information on the
care, wearing, treatment, cleaning and maintenance of the lens.7

(6) The obligation to provide a specification or instructions or information
under subsection (5) above applies —
(a) if only one person took part in fitting a contact lens for the
individual, to that person;
(b) if a series of persons took part in fitting a contact lens for an
individual, to the last person to fit a lens.8

(7) A specification issued in accordance with subsection (5) above must —
(a) state the period during which the specification remains valid and
its expiry date; and
(b) in the case of a specification provided by a registered medical
practitioner, contain such particulars as the Department may
specify in regulations.9

(8) A specification becomes invalid after its expiry date.10

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(9) For the purposes of this section and section 4(3)(a) below, “fitting
” a
contact lens means —
(a) assessing whether a contact lens meets the needs of the
individual; and, where appropriate;
(b) providing the individual with one or more contact lenses for use
during a trial period,
and “fit” and “fitted” shall be construed accordingly.11

3 Duties to be performed on sight testing

[P1989/44/26]
(1) The Department of Health and Social Care (“the Department
”) may by
regulations provide that, subject to any exceptions specified in the
regulations, when a registered medical practitioner or registered
optometrist tests the sight of another person, it shall be his duty —
(a) to perform such examinations of the eye for the purpose of
detecting injury, disease or abnormality in the eye or elsewhere as
the regulations may require, and
(b) immediately following the test to give the person whose sight he
has tested a written statement —
(i) that he has carried out the examinations that the
regulations require, and
(ii) that he is or (as the case may be) is not referring him to a
registered medical practitioner and if the optometrist is
referring the patient, the reason for the referral.12
13

(2) Except where regulations under subsection (3)(b) below specify
otherwise, it shall also be his duty to give the person whose sight he has
tested, immediately following the test, either a signed, written
prescription for an optical appliance or a signed, written statement that
he does not need to wear or use an optical appliance.14

(3) The Department may by regulations specify —
(a) particulars to be included in a prescription or statement provided
in fulfilment of the duty imposed by subsection (2); and
(b) that that duty does not arise where a person is being fitted with
contact lenses as part of the medical or clinical treatment provided
for an eye condition.15

(4) A person shall not be required as a condition of having his sight tested —
(a) to undertake to purchase from a specified person any optical
appliance the testing of his sight may show he requires to wear or
use; or
(b) to pay a fee before the testing is carried out.
Section 4 Opticians Act 1996


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(5) A fee shall be payable in a case where a duty arises under this section
only if that duty has been fulfilled.
(6) Any term of an agreement for a testing of sight which is inconsistent
with this section shall be unenforceable, and any sum paid in respect of a
fee otherwise than in pursuance of this section shall be recoverable.
(7) In this section “fee” means any payment in connection —
(a) with testing sight in accordance with regulations under this
section;
(b) with fulfilling any duty imposed by this section; or
(c) with the supply of optical appliances.
(8) Regulations under this section shall not have effect unless they are
approved by Tynwald.
4 Sale and supply of optical appliances

[P1989/44/27]
(1) A person shall not sell —
(a) any contact lens for use by any person who does not have a valid
specification provided pursuant to section 2(5) above; or
(b) subject to the following provisions of this section, any optical
appliance or zero powered contact lens unless the sale is effected
by or under the supervision of a registered medical practitioner, a
registered optometrist or a registered dispensing optician.16

(2) Subsection (1) above shall not apply to any of the following sales —
(a) a sale for a person who has attained the age of sixteen of
spectacles which have two single vision lenses of the same
positive spherical power not exceeding 4 dioptres where the sale
is wholly for the purpose of correcting, remedying or relieving
presbyopia;
(b) a sale of an optical appliance intended for use as protection or
cover for the eyes in sports if —
(i) neither lens fitted to the appliance has a positive or
negative spherical power exceeding 8 dioptres;
(ii) the appliance is an appliance with a single vision lens or
single visions lenses; and
(iii) the appliance falls within any category of appliance
specified in an order made by the Department for the
purposes of this section; or
(c) a sale of a contact lens for a person who has attained the age of
sixteen where the sale satisfies the requirements of subsection (3)
below.17

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(3) Those requirements are that —
(a) the seller has —
(i) the original specification;
(ii) a copy of the original specification which the optometrist
verifies with the person who provided it; or
(iii) an order from the purchaser, submitted either in writing or
electronically, which contains the particulars of the
specification of the person who intends to wear the contact
lens (“the wearer”), and the seller verifies those particulars
with the person who provided the specification;
(b) the seller is reasonably satisfied that the goods ordered are for use
by the person named in the specification;
(c) the sale is made before the expiry date mentioned in the
specification;
(d) the seller is, or is under the general direction of, a registered
medical practitioner, a registered optometrist or a registered
dispensing optician; and
(e) the wearer is not, so far as the seller knows, registered as blind or
partially sighted.18

(3A) In this section —
(a) “seller” —
(i) includes any person who supplies the optical appliance or,
as the case may be, the zero powered contact lens whether
or not payment is made to them for the supply; and
(ii) does not include a person who supplies the contact lens as
part of the assessment process in the course of fitting the
lenses to the individual; and
(b) lenses are to be taken to have the same positive spherical power if
the difference between them is within the tolerances relating to
the power of such lenses specified from time to time by the British
Standard Specification.19

(3B) The seller must make arrangements, except in such cases or classes of
cases as maybe prescribed in rules made by the Department, for the
individual for whom the optical appliance or, as the case may be, the
zero powered contact lens is supplied to receive aftercare in so far as, and
for so long as, may be reasonable in this particular case.20

(3C) The Department may by rules specify the arrangements which are to be
made or may be made under subsection (3B) above.21

(4) Subsection (1) does not apply to the sale of an optical appliance or zero
powered contact lens —
Section 4 Opticians Act 1996


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(a) to a registered medical practitioner, registered optometrist,
registered dispensing optician or business registrant for the
purposes of his practice or of his or its business;22

(b) to a manufacturer of or dealer in optical appliances or zero
powered contact lenses for the purposes of his business;23

(c) to any authority or person carrying on a hospital, clinic, nursing
home or other institution providing medical or surgical treatment;
(d) to a Department or Statutory Board; or
(e) for the purpose of its export.24

(5) Subsection (1) does not apply to the sale, complying with conditions
prescribed by an order made by the Department for the purpose of this
subsection, of an optical appliance of a description so specified.
(6) An order under subsection (5) relating to optical appliances consisting of
or including one or more lenses shall specify, as a condition subject to
which the sale of any such appliance is exempted under that subsection,
the condition that the appliance must be in accordance with a written
prescription which —
(a) has been given by a registered medical practitioner or registered
optometrist following a testing of sight by him; and25

(b) bears a date not more than such time as is specified in the order
before the prescription is presented to the proposed seller of the
appliance.
(7) An order under subsection (5) may not specify as appliances to which it
applies —
(a) contact lenses; or
(b) any optical appliance or zero powered contact lens for a person
under 16 years of age.26

(8) An order under subsection (5) shall not have effect unless it is approved
by Tynwald.
(9) On any prosecution for selling an optical appliance or zero powered
contact lens in contravention of subsection (1) it shall be a defence for the
accused to prove —
(a) that he sold the appliance or lens as an antique or secondhand
article; and27

(b) that he did not know, and had no reason to believe, that the
appliance or lens was bought for the purpose of being used for
correcting, remedying or relieving a defect of sight.28

(10) A person who contravenes subsection (1) is guilty of an offence and
liable on summary conviction to a fine not exceeding £5,000.29

Opticians Act 1996 Section 5


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5 Penalty for pretending to be registered etc

[P1989/44/28]
(1) Any individual —
(a) who takes or uses the title of ophthalmic optician or the title of
optometrist when he is not registered in either of the registers of
ophthalmic opticians; or
(b) who takes or uses the title of dispensing optician when he is not
registered in the register of dispensing opticians; or
(c) who takes or uses the title of registered optician when he is not
registered in any of the registers; or30

(d) who takes or uses any name, title, addition or description falsely
implying that he is registered in any of the registers; or
(e) who otherwise pretends that he is registered in any of the
registers,
is guilty of an offence and liable on summary conviction to a fine not
exceeding £5,000.31

(2) On any prosecution for an offence under subsection (1)(d) or (e), the
taking or use of the title of optician by a person to whom this subsection
applies is to be taken to imply that he is registered in one of the registers,
but the implication may be rebutted if the defendant proves that he took
or, as the case may be, used the title in circumstances where it would
have been unreasonable for people to believe, in consequence of his
taking or, as the case may be, use of it, that he was in fact registered in
one of the registers.
(3) Subject to subsection (4), subsection (2) applies to a person who carries
on the business —
(a) of selling optical appliances; or
(b) of supplying optical appliances in pursuance of arrangements
made as mentioned in section 4(3).
(4) Subsection (2) does not apply to a person who sells or supplies optical
appliances only as mentioned in section 4(4)(a) to (e).
(5) Any body corporate —
(a) which takes or uses the title of ophthalmic optician or the title of
optometrist when it is not registered in the list of bodies corporate
carrying on business as ophthalmic opticians; or32

(b) which takes or uses the title of dispensing optician when it is not
registered in the list of bodies corporate carrying on business as
dispensing opticians; or33

(c) which takes or uses the title of registered optician or registered
optician when it is not registered in either of the lists; or34

Section 6 Opticians Act 1996


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(d) which takes or uses any name, title, addition or description falsely
implying that it is registered in either of the lists; or35

(e) which otherwise pretends it is registered in either of the lists,36

is guilty of an offence and liable on summary conviction to a fine not
exceeding £5,000.37

(6) On any prosecution for an offence under subsection (5)(d) or (e), the
taking or use of the title of optician by a body corporate to which this
subsection applies is to be taken to imply that it is enrolled in one of the
lists, but the implication may be rebutted if the body corporate proves
that it took or, as the case may be, used the title in circumstances where it
would have been unreasonable for people to believe, in consequence of
its taking or, as the case may be, use of it, that it was in fact enrolled in
either of the lists.
(7) Subject to subsection (8), subsection (5) applies to body corporate which
carries on the business —
(a) of selling optical appliances; or
(b) of supplying optical appliances in pursuance of arrangements
made as mentioned in section 4(3).
(8) Subsection (5) does not apply to a body corporate which sells or supplies
optical appliances only as mentioned in section 4(4)(a) to (e).
(9) It is immaterial for the purposes of this section whether a title was used
alone or in combination with any other words.
6 Provision as to death or bankruptcy of registered optician

[P1989/44/29]
(1) Where a registered optician dies at a time when he is carrying on
business or is in practice as an optician, then during the 3 years
beginning with his death or such longer period as the Council may in
any particular case allow, section 5 does not operate to prevent —
(a) his executors or administrators;
(b) the deceased’s surviving spouse or surviving civil partner;38

(c) any of his children; or
(d) trustees on behalf of the deceased’s surviving spouse or surviving
civil partner or any of his children,39

from taking or using in relation to that business or practice, but in
conjunction with the name in which he carried it on, any title which he
was entitled to take or use immediately before his death.
(2) Where a registered optician becomes bankrupt at a time when he is
carrying on business or is in practice as an optician, then, during the 3
years beginning with the bankruptcy, section 5 does not operate to
Opticians Act 1996 Section 7


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prevent his trustee in bankruptcy from taking or using in relation to that
business or practice, but in conjunction with the name in which he
carried it on, any title which he was entitled to take or use immediately
before the bankruptcy.
(3) Where —
(a) a person by virtue of subsection (1) or (2) takes or uses any title in
relation to the business or practice —
(i) of a deceased optician; or
(ii) of an optician who has become bankrupt; and
(b) an offence under section 1, 2 or 4 is committed in the course of
that business or practice,
the Disciplinary Committee of the Council may, if it thinks fit, direct that
subsection (1) or (2) shall cease to apply in relation to that business or
practice.
7 Offences by body corporate

[P1989/44/30]
Where an offence under this Act which has been committed by a body corporate
is proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any responsible officer of the body
corporate, he, as well as the body corporate, shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
8 Evidence of registers etc

[P1989/44/11(3), (4)]
(1) A copy of any of the registers or lists purporting to be printed and
published by the Council shall, as altered by any alterations purporting
to be printed and published by the Council, be evidence in all
proceedings that the persons specified in the register are registered in it.40

(2) In the case of an individual or body corporate whose name does not
appear in any such copy of a register or list as altered, a certified copy,
under the hand of the registrar, of the entry relating to that individual or
body corporate in the register or list shall be evidence of the entry.
(3) A copy of rules made by the Council under section 24(3) or 25(3) of the
UK Act and annexed to an order of the Privy Council approving the
same shall be evidence in all proceedings of such rules.
(4) A copy of a suspension order, certified under the hand of the registrar,
shall be evidence in all proceedings, until the contrary is shown, that the
registration or enrolment of the person or body named in it is suspended
under Part III of the UK Act.
(5) A document purporting to be —
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(a) certified by the registrar to be a copy of —
(i) an entry in a register or list,
(ii) a suspension order, or
(iii) a direction under section 6(3), or
(b) a copy of an order of the Privy Council approving rules made by
the Council,
shall be deemed to be so certified, or such a copy, as the case may be,
until the contrary is shown.
9 Interpretation

[P1989/44/15(2), (3), 36]
(1) In this Act —
“body corporate
” includes a limited liability partnership;41

“business registrant
” means a body corporate registered in the register
maintained by the Council under section 9 of the UK Act;42

“the Council
” means the General Optical Council constituted by section 1 of the
UK Act;
“the Department
” means the Department of Health and Social Care;43

“dispensing optician
” [Repealed]44

“enrolled
” [Repealed]45

“functions
” includes powers and duties;
“individual registrant
” means a person registered in the register maintained by
the Council under section 7 or 8A of the UK Act;46

“list
” [Repealed]47

“medical authority
” means one of the universities and other bodies who choose
appointed members of the General Medical Council;
“optical appliance
” means an appliance designed to correct, remedy or relieve a
defect of sight;
“optometrist
” means a person engaged or proposing to engage in the testing of
sight (otherwise than as a registered medical practitioner or a person
recognised by a medical authority as a medical student), whether or not
he is also engaged or proposing to engage in the fitting and supply of
optical appliances;48

“register
” means any one of the following registers —
(a) the register of optometrists under section 7 of the UK Act;
(b) the register of dispensing opticians under section 7 of the UK Act;
(c) the register of students under section 8A of the UK Act; and,
Opticians Act 1996 Section 10


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(d) the register of bodies corporate under section 9 of the UK Act;
and except where used in relation to medical practitioners, “registered
” and
“registration
” have corresponding meanings;49

“registered dispensing optician
” means a person who is registered in the
register of dispensing opticians;
“registered ophthalmic optician
” [Repealed]50

“registered optician
” means a person who is registered in any of the registers;
“registrant
”, except in the expressions “individual registrant
” and “business

registrant
”, means a person who is registered in a register.51

“the registrar
” means the registrar of the Council;
“suspension order
” means an order under Part III of the UK Act that the
registration of a registered optician or the enrolment of a body corporate
shall be suspended;
“the UK Act
” means the Opticians Act 1989 (an Act of Parliament).
(2) References in this Act to testing sight are references to testing sight with
the object of determining whether there is any and, if so, what defect of
sight and of correcting, remedying or relieving any such defect of an
anatomical or physiological nature by means of an optical appliance
prescribed on the basis of the determination.
(3) For the purposes of this Act —
(a) while the registration of a person in the register is suspended by
virtue of a suspension order, he shall be treated as not being
registered;
(b) while the enrolment of a body corporate is suspended by virtue of
a suspension order, it shall be treated as not being enrolled.
10 Short title and commencement

(1) This Act may be cited as the Opticians Act 1996.
(2) This Act shall come into operation on such day as the Department may
by order appoint.52

Opticians Act 1996 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by SD902/05. 2
Subs (3) amended by SD902/05. 3
Subs (4) amended by SD902/05. 4
Subs (1) substituted by SD902/05 with saving. 5
Subs (1A) inserted by SD902/05 with saving. 6
Subs (4) amended by SD902/05 with saving. 7
Subs (5) added by SD902/05 with saving. 8
Subs (6) added by SD902/05 with saving. 9
Subs (7) added by SD902/05 with saving. 10
Subs (8) added by SD902/05 with saving. 11
Subs (9) added by SD902/05 with saving. 12
Subpara (ii) amended by SD902/05. 13
Subs (1) amended by SD902/05, by SD155/10 Sch 4 and by SD2014/08. 14
Subs (2) amended by SD902/05. 15
Para (b) substituted by SD902/05. 16
Subs (1) substituted by SD902/05 with saving. 17
Subs (2) substituted by SD902/05 with saving. 18
Subs (3) substituted by SD902/05 with saving. 19
Subs (3A) inserted by SD902/05 with saving. 20
Subs (3B) inserted by SD902/05 with saving. 21
Subs (3C) inserted by SD902/05 with saving. 22
Para (a) amended by SD902/05 with saving. 23
Para (b) amended by SD902/05 with saving.
Endnotes Opticians Act 1996


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24
Subs (4) amended by SD902/05 with saving. 25
Para (a) amended by SD902/05 with saving. 26
Para (b) amended by SD902/05 with saving. 27
Para (a) amended by SD902/05 with saving. 28
Subs (9) amended by SD902/05 with saving. Para (b) amended by SD902/05 with
saving. 29
Subs (10) amended by SD902/05 with saving. 30
Para (c) amended by SD902/05. 31
Subs (1) amended by SD902/05. 32
Para (a) amended by SD902/05. 33
Para (b) amended by SD902/05. 34
Para (c) amended by SD902/05. 35
Para (d) amended by SD902/05. 36
Para (e) amended by SD902/05. 37
Subs (5) amended by SD902/05. 38
Para (b) amended by Civil Partnership Act 2011 Sch 14. 39
Para (d) amended by Civil Partnership Act 2011 Sch 14. 40
Subs (1) amended by SD902/05. 41
Definition of “body corporate” inserted by SD902/05. 42
Definition of “business registrant” inserted by SD902/05. 43
Definition of “the Department” amended by SD155/10 Sch 4 and by SD2014/08. 44
Definition of “dispensing optician” repealed by SD902/05. 45
Definition of “enrolled” repealed by SD902/05. 46
Definition of “individual registrant” inserted by SD902/05. 47
Definition of “list” repealed by SD902/05. 48
Definition of “optometrist”, previously definition of “ophthalmic optician”, amended
by SD902/05. 49
Definition of “register” substituted by SD902/05. 50
Definition of “registered ophthalmic optician” repealed by SD902/05. 51
Definition of “registrant” inserted by SD902/05. 52
ADO (whole Act) 1/11/1996 (SD430/96).