No. 17/1956:

OPTICIANS ACT, 1956

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title.

2 Interpretation.

3 Establishment day and appointed day.

4 Expenses of the Minister.

PART II BORD NA RADHARCMHASTÓIRÍ

5 Establishment of the Board.

6 Seal of the Board.

7 Number of members of the Board.

8 Election year.

9 Appointment by Minister of members of the Board.

10 Election of members of the Board.

11 Terms of office of members of the Board.

12 Resignation of members of the Board.

13 President of the Board.

14 Casual vacancies.

15 Removal of member of the Board.

16 Removal from office for failure to perform statutory function.

17 Meetings and procedure of the Board.

18 Power to make rules.

19 Committees of the Board.

20 Expenses of members of the Board or committee of the Board.

21 Officers and servants of the Board.

22 Pensions and gratuities to or in respect of officers and servants of the Board.

PART III THE REGISTER OF OPHTHALMIC OPTICIANS

23 The Register of Ophthalmic Opticians.

24 General provision as to registration in the Register of Ophthalmic Opticians.

25 Registration in the Register of Ophthalmic Opticians of certain persons trained outside the State.

26 Registration of certain other persons in the Register of Ophthalmic Opticians.

27 Refusal of registration in the Register of Ophthalmic Opticians.

28 Rules for grant, return and cancellation of certificates of registration in the Register of Ophthalmic Opticians.

29 Removal of names from the Register of Ophthalmic Opticians.

30 Appeals from removal from Register of Ophthalmic Opticians, etc.

31 Restoration to the Register of Ophthalmic Opticians.

PART IV THE REGISTER OF DISPENSING OPTICIANS

32 The Register of Dispensing Opticians.

33 General provisions as to registration in the Register of Dispensing Opticians.

34 Registration in the Register of Dispensing Opticians of certain persons trained outside the State.

35 Registration of certain other persons in the Register of Dispensing Opticians.

36 Refusal of registration in the Register of Dispensing Opticians.

37 Rules for grant, return and cancellation of certificates of registration in the Register of Dispensing Opticians.

38 Removal of names from the Register of Dispensing Opticians.

39 Appeals form removal from Register of Dispensing Opticians, etc.

40 Restoration to the Register of Dispensing Opticians.

41 Registered ophthalmic opticians not to be registered in Register of Dispensing Opticians.

PART V TRAINING AND EXAMINATIONS

42 Rules for courses of training and examinations for candidates for registration.

43 Holding of examinations, etc.

44 Approval by the Board of institutions suitable for training purposes.

45 Post-registration courses for opticians.

46 Scholarships.

PART VI PRESCRIPTION AND SALE OF SPECTACLES

47 Restriction on prescribing spectacles and dispensing prescriptions for spectacles.

48 Prohibition on treatment, etc, by registered opticians.

49 Restriction on selling spectacles.

50 Improper assumption of title, etc.

51 Rules for regulation and control of prescribing, dispensing of prescriptions or sales.

52 Rules for control of advertising.

53 Saver for manufacture of spectacles, etc.

PART VII FINANCIAL PROVISIONS

54 Expenses of the Board.

55 Accounts of the Board and audit thereof.

56 Charging of fees by the Board.

57 Power of the Board to borrow.

PART VIII MISCELLANEOUS

58 Advice to the Minister.

59 Research.

60 Gifts.

61 Prosecutions of offences.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD TO BE STYLED AND KNOWN AS BORD NA RADHARCMHASTÓIRÍ TO PROVIDE FOR THE REGISTRATION AND CONTROL OF OPTICIANS AND TO PROVIDE FOR MATTERS (INCLUDING THE MAKING OF CERTAIN CHARGES) CONNECTED WITH THE MATTERS AFORESAID.

[9th May, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Opticians Act, 1956 .

2.—In this Act, save where the context otherwise, requires—

"the appointed day" means the day appointed, by order made by the Minister under subsection (2) of section 3 of this Act, to be the appointed day for the purposes of this Act;

"the Board" has the meaning specified in subsection (1) of section 5 of this Act;

"the day of the commencement of the Register of Dispensing Opticians" means the day certified, by order made by the Minister under subsection (5) of section 32 of this Act, to be the day of the setting up of that Register;

"the day of the commencement of the Register of Ophthalmic Opticians" means the day certified, by order made by the Minister under subsection (5) of section 23 of this Act, to be the day of the setting up of that Register;

"the establishment day" means the day appointed, by order made by the Minister under subsection (1) of section 3 of this Act, to be the establishment day for the purposes of this Act;

"the Minister" means the Minister for Health;

"register" means the Register of Ophthalmic Opticians or the Register of Dispensing Opticians;

"registered dispensing optician" means a person registered in the Register of Dispensing Opticians;

"registered ophthalmic optician" means a person registered in the Register of Ophthalmic Opticians;

"registered optician" means a person registered in a register;

"rules" means rules made under section 18 of this Act;

"spectacles" includes pince-nez, contact lenses and monocles, but does not include sun-glasses, goggles or similar articles.

3.—(1) The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

(2) The Minister may by order appoint a day (which shall be not less than twelve months after the establishment day) to be the appointed day for the purposes of this Act.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II BORD NA RADHARCMHASTÓIRÍ

5.—(1) On the establishment day there shall be established a board to be known as Bord na Radharcmhastóirí (in this Act referred to as the Board).

(2) The Board shall be a body corporate with perpetual succession and power to sue and be sued in their corporate name and to acquire, hold and dispose of land.

6.—(1) The Board shall provide themselves with a seal, and such seal shall be authenticated by the signature of the president of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

7.—The number of the members of the Board shall be eleven.

8.—The election years for the purposes of this Act shall be—

( a ) the third year after the year in which the establishment day falls, and

( b ) each fifth successive year thereafter.

9.—(1) Before the establishment day, the Minister shall appoint—

( a ) four persons each of whom is a registered medical practitioner,

( b ) six persons each of whom is an optician and at least one of whom is also a pharmaceutical chemist or dispensing chemist and druggist, and

( c ) one other person (whether or not having any qualification referred to in the foregoing paragraphs),

to be members of the Board.

(2) Before the 1st day of December in each election year, the Minister shall appoint—

( a ) four persons each of whom is a registered medical practitioner, and

( b ) one other person (whether or not being a registered medical practitioner),

to be members of the Board.

(3) Before appointing the persons referred to in paragraph ( a ) of subsection (1) of this section, the persons referred to in paragraph ( b ) of that subsection or the persons referred to in paragraph ( a ) of subsection (2) of this section, the Minister shall consult such organisations or bodies as he considers suitable to advise him on the appointments.

10.—(1) Before the 1st day of December in each election year, six persons shall be elected by registered opticians to be members of the Board.

(2) Subject to any regulations under subsection (3) of this section for the time being in force, of the six persons referred to in subsection (1) of this section—

( a ) five shall be registered ophthalmic opticians, and

( b ) one shall be a registered dispensing optician.

(3) The Minister may by regulations substitute other numbers totalling six for the numbers specified in paragraphs ( a ) and ( b ) of subsection (2) of this section.

(4) Every election under this section shall be carried out in accordance with rules.

11.—(1) The term of office of a member of the Board shall commence—

( a ) in the case of a first member, on the establishment day;

( b ) in the case of a member filling a casual vacancy, on the day on which he is co-opted or appointed; and

( c ) in every other case, on the 1st day of January in the year following the relevant election year.

(2) The term of office of a member of the Board shall, unless he sooner dies, resigns, or is removed from office, terminate on such 31st day of December in an election year as next follows the commencement of his term of office.

12.—A member of the Board may resign his office as member of the Board by letter sent by registered post to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of the letter if the resignation is not withdrawn in writing before that meeting.

13.—(1) The Minister shall, on or as soon as may be after the establishment day and every 1st day of January in a year following an election year, appoint one of the members of the Board to be president of the Board.

(2) Where the office of president of the Board becomes vacant otherwise than by the termination of the term of office of a president, the Minister shall appoint one of the members of the Board to be president of the Board.

(3) Every president of the Board shall, unless he sooner dies, resigns the office of president, or ceases to be president under subsection (5) of this section, hold office until such 31st day of December in an election year as next follows the commencement of his term of office as a member of the Board.

(4) The president of the Board may at any time resign his office as president by letter sent by registered post to the Board, and the resignation shall take effect at the commencement of the meeting of the Board held next after the receipt of the letter if the resignation is not withdrawn in writing before that meeting.

(5) Where the president of the Board ceases during his term of office as president to be a member of the Board, he shall be disqualified from being and shall forthwith cease to be such president.

14.—(1) ( a ) A casual vacancy occurring among the elected members of the Board, the person occasioning the vacancy being a registered ophthalmic optician, shall be filled by co-option by the other elected members of the Board of a registered ophthalmic optician.

( b ) A casual vacancy occurring among the elected members of the Board, the person occasioning the vacancy being a registered dispensing optician, shall be filled by co-option by the other elected members of the Board of a registered dispensing optician.

(2) A casual vacancy occurring among the appointed members of the Board shall be filled by appointment by the Minister, subject to the like conditions (if any) as governed the appointment of the member occasioning the vacancy.

(3) Any person co-opted under subsection (1) of this section shall be regarded subsequently for the purposes of that subsection as a person elected as a member of the Board.

15.—(1) The Minister may at any time by order remove any member of the Board from office.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

16.—(1) The Minister, if he is satisfied that the Board have not performed any function which they are required by this Act to perform, may by order require the Board to perform such function and to comply with such directions as are given in the order.

(2) If the Board do not, within a period specified by the Minister, comply with an order made under subsection (1) of this section, the Minister may by order remove from office the members of the Board.

(3) An order under this section may contain such provisions as the Minister considers necessary for enabling the functions of the Board to be discharged notwithstanding the removal of the members and may, in particular, appoint a person or persons to discharge those functions.

17.—(1) The Board shall hold at least one meeting in each quarter of the year and shall also hold such other meetings as may be necessary for the due performance of their functions.

(2) The quorum for a meeting of the Board shall be four.

(3) The president of the Board shall act as chairman of every meeting of the Board at which he is present.

(4) During the absence of the president of the Board from any meeting of the Board or if when any meeting of the Board is held there is no president of the Board in office, the members of the Board present shall elect one of themselves to be chairman of the meeting for the time being and, where at such election there is an equality of votes for two or more persons, it shall be determined by lot which of those persons shall be chairman of the meeting for the time being.

(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) The Board may act notwithstanding one or more vacancies among their members.

(7) Subject to the provisions of this Act, the Board shall regulate, by rules, the procedure of the Board.

(8) The Minister may fix the date, time and place of the first meeting of the Board.

18.—(1) The Board may make rules—

( a ) in relation to any matter or thing referred to in this Act as the subject matter of rules, and

( b ) generally for carrying this Act into effect,

and any rules so made may specify forms to be used on the occasions specified therein.

(2) The Board, as soon as may be after making any rules, shall cause notice to that effect to be published in two or more daily newspapers circulating in the State and shall make a copy of the rules available at a reasonable price to any person who requests one.

(3) Rules under this section shall not have effect unless and until they are approved of by the Minister.

(4) The Government, if they so think proper, may by order declare that subsection (3) of this section shall cease to have effect as on and from a specified day and, where such an order is made, that subsection shall cease to have effect as on and from the specified day.

(5) The Government, if they so think proper, may by order declare that subsection (3) of this section shall cease to have effect as on and from a specified day—

( a ) in respect of rules of a specified class, or

( b ) in respect of all provisions in rules save provisions of a specified class,

and, where such an order is made, that subsection shall cease to have effect as on and from the specified day in respect of (as may be appropriate) rules of the specified class or all provisions in rules save provisions of the specified class.

19.—The Board may by rules provide for the establishment, functions and procedure (including quorum) of committees of the Board and the rules may authorise the appointment of persons other than members of the Board to be members of the committees and may provide for the delegation, to a committee or committees of the Board, of any powers, functions or duties of the Board.

20.—The Board may pay to a member attending a meeting of the Board or of any committee of the Board, or to a member of the Board or of such committee performing any function on behalf of the Board, his travelling and subsistence expenses.

21.—(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time think proper.

(2) An officer or servant of the Board shall hold his office or employment on such terms and conditions as the Board from time to time determine.

(3) The Board shall pay to their officers and servants such remuneration and allowances as the Board from time to time determine.

22.—(1) The Board may make a scheme (in this section referred to as a pension scheme) for the provision of pensions or gratuities, or pensions and gratuities, for or in respect of such officers or servants of the Board as they may think fit, and any scheme so made shall be carried out by the Board.

(2) The Board may at any time by a subsequent pension scheme (in this subsection and in subsequent subsections of this section referred to as an amending scheme) amend a pension scheme or a previous amending scheme, and any such amending scheme may be expressed to operate retrospectively.

(3) Where an amending scheme amends a pension scheme, an officer or servant to whom such pension scheme applies or applied may, within six months after the coming into operation of the amending scheme, elect not to have the amending scheme apply to him and, if he does so elect, the amending scheme shall not apply to him.

(4) An amending scheme shall not terminate or reduce any pension which was, immediately before the coming into force of such amending scheme, payable under the scheme thereby amended.

PART III THE REGISTER OF OPHTHALMIC OPTICIANS

23.—(1) As soon as conveniently may be after the establishment day, the Board shall, in accordance with rules, set up and maintain a register to be known as the Register of Ophthalmic Opticians.

(2) The Board shall, in accordance with rules, publish the Register of Ophthalmic Opticians.

(3) Any change in the name or address of a registered ophthalmic optician shall be notified by him to the Board.

(4) The Board may, by rules, provide for correcting errors in the Register of Ophthalmic Opticians and for correcting names and addresses therein which have been changed.

(5) On setting up the Register of Ophthalmic Opticians, the Board shall inform the Minister and the Minister shall by order certify the day of the setting up of that Register.

24.—The Board shall, in accordance with rules, register in the Register of Ophthalmic Opticians a person who applies for such registration and who has undergone such courses of training and passed such examinations (being courses of training and examinations under Part V of this Act) as are specified for the purposes of this section in the rules.

25.—The Board shall, in accordance with rules, register in the Register of Ophthalmic Opticians a person who applies for such registration and who has undergone such courses of training and passed such examinations (being courses of training and examinations held outside the State) as are specified for the purposes of this section in the rules.

26.—(1) The Board shall, in accordance with rules, register in the Register of Ophthalmic Opticians a person who applies for such registration and who satisfies the conditions that prior to the establishment day he had received a qualification approved of by the Board for the purposes of this subsection and that, at the time of his application, he continues to hold that qualification with the approval of the examining body concerned.

(2) The Board shall, in accordance with rules, register in the Register of Ophthalmic Opticians a person who applies for such registration and who satisfies the condition that his principal means of livelihood during the whole period of seven years ending on the establishment day was the carrying on of the business of ophthalmic optician in the State.

(3) The Board shall, in accordance with rules, register in the Register of Ophthalmic Opticians a person who applies for such registration, who has passed an examination held by the Board in the prescribing and dispensing of spectacles and who satisfies the condition that, during the period of five years ending on the establishment day, he engaged to such extent as may be specified in the rules in the prescribing and dispensing of spectacles in the State.

(4) The examination referred to in subsection (3) of this section shall, during the period of two years beginning on the day of the commencement of the Register of Ophthalmic Opticians, be held by the Board on so many occasions as may be directed or approved of by the Minister, and shall not be held after the expiration of that period.

27.—Notwithstanding sections 24 to 26 of this Act, the Board may refuse to register in the Register of Ophthalmic Opticians a person whose name stands removed from the Register of Dispensing Opticians.

28.—The Board may by rules make provision with respect to the issue of certificates of registration to persons registered in the Register of Ophthalmic Opticians and with respect to the return and cancellation of such certificates.

29.—(1) The Board may, in accordance with rules, remove the name of a person from the Register of Ophthalmic Opticians.

(2) Rules made for the purposes of this section shall, in particular, provide that where it is proposed to remove the name of any person (otherwise than on account of his having failed to pay an annual fee in respect of retention on the Register of Ophthalmic Opticians), proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against him and may, if he so desires, be represented by solicitor or by solicitor and counsel.

(3) Rules made for the purposes of this section shall specify the causes for which and the conditions under which a name may be removed, and such causes shall, in particular, include a contravention of section 48 of this Act (excluding a contravention in respect of which prosecution proceedings are instituted but are dismissed on the merits, but, apart from that exclusion, including both a contravention in respect of which prosecution proceedings are instituted and a contravention in respect of which prosecution proceedings are not instituted).

(4) The Board shall notify the Minister of the removal of a name from the Register of Ophthalmic Opticians.

30.—(1) Where, under this Act, the name of a person has been removed from the Register of Ophthalmic Opticians, the person may appeal from the decision of the Board either to the High Court or the Minister (but not to both) within three months after the notification to the person of such removal.

(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.

(3) Where an appeal under this section to the High Court is successful—

( a ) the court may award costs against the Board,

( b ) the Board shall give notice of the result of the appeal to the Minister,

( c ) the Board shall restore the name of the appellant to the Register of Ophthalmic Opticians,

( d ) the court may, if satisfied that the Board acted in an unreasonable manner in removing the appellant's name from the Register of Ophthalmic Opticians, direct the Board to pay such sum as the court considers reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal and the Board shall pay any such sum to the appellant.

(4) Where an appeal under this section to the Minister is successful—

( a ) the Board shall restore the name of the appellant to the Register of Ophthalmic Opticians, and

( b ) the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal.

31.—(1) The Board may, in accordance with rules, restore to the Register of Ophthalmic Opticians for any reason which they consider sufficient the name of a person whose name has been removed therefrom and shall inform the Minister of any such restoration.

(2) A person whose name has been removed from the Register of Ophthalmic Opticians shall not be registered therein subsequently save by way of restoration pursuant to this or the immediately preceding section.

PART IV THE REGISTER OF DISPENSING OPTICIANS

32.—(1) As soon as conveniently may be after the establishment day, the Board shall, in accordance with rules, set up and maintain a register to be known as the Register of Dispensing Opticians.

(2) The Board shall, in accordance with rules, publish the Register of Dispensing Opticians.

(3) Any change in the name or address of a registered dispensing optician shall be notified by him to the Board.

(4) The Board may, by rules, provide for the correcting of errors in the Register of Dispensing Opticians and for correcting names and addresses therein which have been changed.

(5) On setting up the Register of Dispensing Opticians, the Board shall inform the Minister and the Minister shall by order certify the day of the setting up of that Register.

33.—The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration and who has undergone such courses of training and passed such examinations (being courses of training and examinations under Part V of this Act) as are specified for the purposes of this section in the rules.

34.—The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration and who has undergone such courses of training and passed such examinations (being courses of training and examinations held outside the State) as are specified for the purposes of this section in the rules.

35.—(1) The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration and who satisfies the conditions that prior to the establishment day he had received a qualification approved of by the Board for the purposes of this subsection and that, at the time of his application, he continues to hold that qualification with the approval of the examining body concerned.

(2) The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration and who satisfies the condition that, on the 13th day of July, 1955, he was included in the panel of opticians maintained by the Minister for Social Welfare for the purpose of section 25 of the Social Welfare Act, 1952 (No. 11 of 1952).

(3) The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration and who satisfies the condition that his principal means of livelihood during the whole period of seven years ending on the establishment day was the carrying on of the business of dispensing optician in the State.

(4) The Board shall, in accordance with rules, register in the Register of Dispensing Opticians a person who applies for such registration, who has passed an examination held by the Board in the dispensing of spectacles and who satisfies the condition that, during the period of five years ending on the establishment day, he engaged to such extent as may be specified in the rules in the dispensing of spectacles in the State.

(5) The examination referred to in subsection (4) of this section shall, during the period of two years beginning on the day of the commencement of the Register of Dispensing Opticians, be held by the Board on so many occasions as may be directed or approved of by the Minister, and shall not be held after the expiration of that period.

36.—Notwithstanding sections 33 to 35 of this Act, the Board may refuse to register in the Register of Dispensing Opticians a person whose name stands removed from the Register of Ophthalmic Opticians.

37.—The Board may by rules make provision with respect to the issue of certificates of registration to persons registered in the Register of Dispensing Opticians and with respect to the return and cancellation of such certificates.

38.—(1) The Board may, in accordance with rules, remove the name of a person from the Register of Dispensing Opticians.

(2) Rules made for the purposes of this section shall, in particular, provide that where it is proposed to remove the name of any person (otherwise than on account of his having failed to pay an annual fee in respect of retention on the Register of Dispensing Opticians), proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against him and may, if he so desires, be represented by solicitor or by solicitor and counsel.

(3) Rules made for the purposes of this section shall specify the causes for which and the conditions under which a name may be removed, and such causes shall, in particular, include a contravention of section 48 of this Act (excluding a contravention in respect of which prosecution proceedings are instituted but are dismissed on the merits, but, apart from that exclusion, including both a contravention in respect of which prosecution proceedings are instituted and a contravention in respect of which prosecution proceedings are not instituted).

(4) The Board shall notify the Minister of the removal of a name from the Register of Dispensing Opticians.

39.—(1) Where, under this Act, the name of a person has been removed from the Register of Dispensing Opticians, the person may appeal from the decision of the Board either to the High Court or the Minister (but not to both) within three months after the notification to the person of such removal.

(2) The decision of the High Court or the Minister (as the case may be) on an appeal under this section shall be final.

(3) Where an appeal under this section to the High Court is successful—

( a ) the court may award costs against the Board,

( b ) the Board shall give notice of the result of the appeal to the Minister,

( c ) the Board shall restore the name of the appellant to the Register of Dispensing Opticians,

( d ) the court may, if satisfied that the Board acted in an unreasonable manner in removing the appellant's name from the Register of Dispensing Opticians, direct the Board to pay such sum as the court considers reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal and the Board shall pay any such sum to the appellant.

(4) Where an appeal under this section to the Minister is successful—

( a ) the Board shall restore the name of the appellant to the Register of Dispensing Opticians, and

( b ) the Board may, if they so think fit, pay to the appellant such sum as they consider reasonable compensation for any loss of practice sustained by the appellant between the decision of the Board and the determination of the appeal.

40.—(1) The Board may, in accordance with rules, restore to the Register of Dispensing Opticians for any reason which they consider sufficient the name of a person whose name has been removed therefrom and shall inform the Minister of any such restoration.

(2) A person whose name has been removed from the Register of Dispensing Opticians shall not be registered therein subsequently save by way of restoration pursuant to this or the immediately preceding section.

41.—(1) Notwithstanding any other provision of this Part of this Act, a person who is a registered ophthalmic optician shall not be registered in the Register of Dispensing Opticians.

(2) Where a person who is a registered dispensing optician becomes registered in the Register of Ophthalmic Opticians, his name shall thereupon be removed from the Register of Dispensing Opticians, and sections 38, 39, and 40 of this Act shall not apply in relation to any such removal.

PART V TRAINING AND EXAMINATIONS

42.—The Board may, in accordance with rules, provide or make provision for the courses of training and examinations to be taken by candidates for registration in the Register of Ophthalmic Opticians and candidates for registration in the Register of Dispensing Opticians and such rules may specify the manner in which and the conditions under which training shall be provided and may, in particular, provide—

( a ) for the approval by the Board for the purposes of such rules of lecturers and teachers,

( b ) for the conditions of admission to the examinations, and

( c ) for the granting of certificates to persons taking the courses and passing the examinations.

43.—The Board, or such other institution or body as may be appointed by the Board for that purpose, may hold the examinations provided for by rules and the Board may, by rules, regulate the conduct of such examinations.

44.—(1) Where the Board, on application made to them in that behalf, are satisfied that any institution or body is suitable for the training of candidates for registration in the Register of Ophthalmic Opticians or the training of candidates for registration in the Register of Dispensing Opticians, the Board may approve of the institution or body for such training.

(2) For the purpose of giving effect to the provisions of subsection (1) of this section, the Board may, by rules, specify conditions of suitability for institutions and bodies.

(3) The Board may, with the consent of the Minister, withdraw an approval under this section.

(4) Any institution or body of which the Board has refused to approve may apply to the Minister to direct the Board to approve of it and if the Minister, after consideration of the facts of the case, grants the direction, the Board shall approve of the institution or body.

45.—The Board may, in accordance with rules, provide, or make provision for the organisation and establishment of, courses of training and instruction for registered opticians.

46.—The Board may, in accordance with rules, provide scholarships for candidates for registration in the Register of Ophthalmic Opticians or candidates for registration in the Register of Dispensing Opticians.

PART VI PRESCRIPTION AND SALE OF SPECTACLES

47.—(1) A person shall not, on or after the appointed day, prescribe spectacles unless he is a registered medical practitioner or a registered ophthalmic optician.

(2) A person shall not, on or after the appointed day, dispense prescriptions of registered medical practitioners or registered ophthalmic opticians for spectacles unless he is a registered medical practitioner or a registered optician.

(3) If the appointed day occurs before the expiration of the period of two years beginning on the day of the commencement of the Register of Ophthalmic Opticians, a person who satisfies the conditions specified in subsection (3) of section 26 of this Act shall be excepted from subsection (1) and from subsection (2) of this section until the expiration of that period.

(4) If the appointed day occurs before the expiration of the period of two years beginning on the day of the commencement of the Register of Dispensing Opticians, a person who satisfies the conditions specified in subsection (4) of section 35 of this Act shall be excepted from subsection (2) of this section until the expiration of that period.

(5) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, twenty pounds and, in the case of a second or any subsequent offence, one hundred pounds.

48.—(1) A registered optician who is not a registered medical practitioner shall not, on or after the appointed day—

( a ) treat any disease of the eye or prescribe or administer any drug or other medical preparation for that purpose,

( b ) prescribe or administer any drug for the purpose of paralysing the accommodation of the eye, or

( c ) suggest by any written or oral statement or by any action that he has made or is capable of making a medical diagnosis of a disease of the eye or that, in relation to the treatment of the eyes, he has done or is capable of doing anything which is other than—

(i) in the case of a registered ophthalmic optician, the prescribing or provision of spectacles, or

(ii) in the case of a registered dispensing optician, the provision of spectacles.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, twenty pounds and, in the case of a second or any subsequent offence, one hundred pounds.

(3) Nothing in this section shall be construed as preventing a registered ophthalmic optician from providing, in accordance with rules, orthoptic treatment for any person on the written direction of a registered medical practitioner who has examined that person, or from suggesting that he has provided or is capable of providing as aforesaid.

49.—(1) A person shall not, on or after the appointed day, sell spectacles unless—

( a ) in case the person is not a body corporate, the person is a registered medical practitioner or a registered optician or, if the sale is conducted on behalf of the person by another person, that person is a registered medical practitioner or a registered optician, or

( b ) in case the person is a body corporate, the sale is conducted by a registered medical practitioner or a registered optician.

(2) If the appointed day occurs before the expiration of the period of two years beginning on the day of the commencement of the Register of Ophthalmic Opticians, a person who satisfies the conditions specified in subsection (3) of section 26 of this Act shall be excepted from subsection (1) of this section until the expiration of that period.

(3) If the appointed day occurs before the expiration of the period of two years beginning on the day of the commencement of the Register of Dispensing Opticians, a person who satisfies the conditions specified in subsection (4) of section 35 of this Act shall be excepted from subsection (1) of this section until the expiration of that period.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, ten pounds and, in the case of a second or any subsequent offence, fifty pounds.

50.—(1) A person shall not, on or after the appointed day, take or use the name or title of ophthalmic optician, either alone or in combination with any other word or letters, or take or use any name, title, addition, description or certificate implying that he is registered in the Register of Ophthalmic Opticians or is recognised by law as being so registered, unless he is a registered ophthalmic optician.

(2) A person shall not, on or after the appointed day, take or use the name or title of dispensing optician either alone or in conjunction with any other word or letters, or take or use any name, title, addition, description or certificate implying that he is registered in the Register of Dispensing Opticians or is recognised by law as being so registered, unless he is a registered dispensing optician.

(3) A person shall not, on or after the appointed day, take or use the name or title of registered optician, either alone or in conjunction with any other word or letters, unless he is a registered optician.

(4) A person shall not, on or after the appointed day, take or use any name, title, addition, description or certificate implying that he is qualified to prescribe spectacles unless he is a registered medical practitioner or a registered ophthalmic optician.

(5) A person shall not, on or after the appointed day, take or use any name, title, addition, description or certificate implying that he is qualified to dispense prescriptions for spectacles or to sell spectacles unless he is a registered medical practitioner or a registered optician.

(6) A person shall not, on or after the appointed day, with intent to deceive, make use of any certificate issued under this Act to such person or any other person.

(7) A person shall not, on or after the appointed day, wilfully make, or cause to be made, any falsification of any matter relating to a register.

(8) A person who contravenes subsection (1), (2), (3), (4), (5), (6) or (7) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, ten pounds and, in the case of a second or any subsequent offence, fifty pounds.

51.—(1) The Board may, by rules, make provision for the regulation and control of—

( a ) the prescribing of spectacles by registered ophthalmic opticians,

( b ) the dispensing of prescriptions of registered medical practitioners or registered ophthalmic opticians for spectacles by registered opticians, or

( c ) sales of spectacles, being sales by or conducted by registered opticians.

(2) A registered optician who contravenes a rule which is made for the purposes of this section and which is stated to be a penal rule shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, ten pounds and, in the case of a second or any subsequent offence, fifty pounds.

52.—(1) The Board may, by rules, make provision for the control of advertising (including advertising by way of canvassing) which advertises—

( a ) a registered optician,

( b ) the prescribing of spectacles or the provision of orthoptic treatment by a registered ophthalmic optician,

( c ) the dispensing of prescriptions for spectacles by a registered optician, or

( d ) sales of spectacles, being sales by or conducted by a registered optician.

(2) Where, as respects any advertising to which rules made for the purposes of this section relate, there is a contravention of any of the rules which is stated to be a penal rule, the responsible person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, twenty pounds and, in the case of a second or any subsequent offence, one hundred pounds.

(3) In subsection (2) of this section, "the responsible person" means—

( a ) in the case of advertising which advertises a registered optician, the dispensing of prescriptions for spectacles by a registered optician or sales of spectacles by a registered optician—the registered optician,

( b ) in the case of advertising which advertises the prescribing of spectacles or the provision of orthoptic treatment by a registered ophthalmic optician—the registered ophthalmic optician, and

( c ) in the case of advertising which advertises sales of spectacles conducted by a registered optician—the person (including a body corporate) on whose behalf the sales are to be conducted.

53.—Nothing in this Part of this Act shall operate to prevent or restrict—

( a ) the manufacture of spectacles,

( b ) the sale by wholesale of spectacles,

( c ) the sale to hospitals or local authorities of spectacles,

( d ) the employment of persons to carry out work on spectacles under the supervision of a registered medical practitioner or a registered optician, or

( e ) the repair of the frames of spectacles.

PART VII FINANCIAL PROVISIONS

54.—The expenses incurred by the Board in the execution of this Act shall be defrayed by the Board out of their own moneys.

55.—(1) The Board shall cause the accounts of the Board to be kept in such form as may be specified by rules.

(2) The accounts of the Board shall be audited by an auditor appointed from time to time by the Board for that purpose.

(3) Appointments under subsection (2) of this section shall be subject to the sanction of the Minister.

(4) The Government, if they so think proper, may by order declare that subsection (3) of this section shall cease to have effect as on and from a specified day and, where such an order is made, that subsection shall cease to have effect as on and from the specified day.

56.—(1) The Board may charge fees for any registration, restorations to a register (other than any restoration consequent upon appeal to the High Court or the Minister), certificates, courses of instruction or examinations which are authorised by or under this Act.

(2) The Board may charge annual fees in respect of retentions on the registers.

(3) The amount of any fee under this section shall be such amount as may from time to time be determined by the Board with the consent of the Minister.

(4) Payment of the appropriate fee under this section shall be a condition precedent to the entertainment of any application to the Board for any registration, restoration to the register (other than any restoration consequent upon appeal to the High Court or the Minister), certificate, course of instruction or examination which is authorised by or under this Act.

57.—The Board may, with the consent of the Minister, borrow, whether for capital or current purposes, such sums as from time to time they consider necessary.

PART VIII MISCELLANEOUS

58.—The Board shall furnish advice to the Minister on any matter, relating to the prescribing and provision of spectacles, on which he has requested the advice of the Board.

59.—The Board may conduct, or cause to be conducted, research into matters relating to the prescribing or provision of spectacles.

60.—(1) The Board may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Board shall not accept a gift if the conditions attached by the donor to its acceptance are inconsistent with the functions of the Board.

61.—An offence under this Act may be prosecuted by the Board.