Opticians
(Registration) (Amendment No. 2) (Jersey) Law 2017
A LAW to amend further the Opticians
(Registration) (Jersey) Law 1962
Adopted by the
States 17th January 2017
Sanctioned by
Order of Her Majesty in Council 3rd May 2017
Registered by the
Royal Court 12th
May 2017
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Amendment of the Opticians (Registration) (Jersey)
Law 1962
The Opticians (Registration) (Jersey) Law 1962[1] is amended in accordance
with the following provisions of this Law.
2 Updated
terminology: Articles 1, 2, 4, 6, 9, 12 and 14 amended
(1) In
the following places for the words “ophthalmic optician” there
shall be substituted the word “optometrist” –
(a) in
the definitions of “ophthalmic optician” and “registered
optician” in Article 1(1);
(b) in
Article 2(1) (in both places where occurring);
(c) in
Article 6(2)(b);
(d) in
Article 9(5)(b) and (7);
(e) in
Article 12(1);
(f) in
Article 14(1)(a) (in both places where occurring) and (2)(a).
(2) For
the definition “registered ophthalmic optician” there shall be
substituted the following definition –
“ ‘registered
optometrist’ means an individual registered as an optometrist under this Law
(or as an ophthalmic optician under this law up to the commencement of the
Opticians (Registration) (Amendment No. 2) (Jersey) Law 2017[2]);”.
(3) In
the following places for the words “ophthalmic opticians” there
shall be substituted the word “optometrists” –
(a) in
the definitions of “list” and “Register” in Article 1(1);
(b) in
Article 4;
(c) in
Article 6(1);
(d) in
Article 14(2)(a).
(4) For
Article 6(2)(c) there shall be substituted the following sub-paragraph –
“(c) if it is registered in the
register of bodies corporate carrying on business as an optometrist or a
dispensing optician, or both, maintained under section 9 of the Opticians
Act.”.
(5) In
Article 9(7) for the word “ophthalmic” (where it first appears)
there shall be substituted the word “optometrist”.
3 Updated
references to UK Act: Articles 1 and 3 amended
(1) In
the definition of “Opticians Act” for the date “1958”
there shall be substituted the date “1989”.
(2) In
Article 3(1)(a)(i) for the words “section 8” there shall
be substituted the words “section 11”.
(3) In
Article 8 for the words from “rules made under section 7”
to the end of the Article there shall be substituted the words “Part 2A
of the Opticians Act”.
4 Exemption from restriction
on testing sight by trainee optometrists: Article 12 amended
After Article 12(1) there shall be inserted the following
paragraph –
“(1A) However, an individual is exempt from paragraph (1)
if the individual is –
(a) training as an optometrist; and
(b) exempt from section 24(1) of the
Opticians Act by virtue of rules made under section 24(3) of that
Act.”.
5 Restrictions
on sale and supply of zero powered contact lenses: Article 13 amended
(1) Article 13
is amended as follows.
(2) In
paragraphs (1) and (2) after the words “optical appliance”
there shall be inserted the words “or zero powered contact lens”.
(3) In the
heading and in paragraph (2)(b) after the words “optical
appliances” there shall be inserted the words “or zero powered
contact lenses”.
6 Article
13A inserted
After Article 13 there shall be inserted the following
Article –
“13A No
obligation to buy optical appliance from any particular person
A patient shall not be
required, as a condition of having his or her sight tested, to agree to buy from
any particular person any optical appliance that the testing of his or her sight
may show that the patient is required to wear or use.”.
7 Consequential
amendments
(1) In
the following places for the words “ophthalmic optician” there
shall be substituted the word “optometrist” –
(a) Royal
Court Rules 2004[3],
Rule 17/3(1)(c);
(b) Rehabilitation
of Offenders (Exceptions) (Jersey) Regulations 2002[4],
Regulation 5(2)(c);
(c) Medicines
(Health Professionals – Exemption) (Jersey) Order 2001[5], Article 1(5),
in the definition “health professional”;
(d) Medicines
(Pharmacy and General Sale Exemptions) (Jersey) Order 1997[6],
Article 1(1), in the definition “registered ophthalmic
optician” and Schedule 1, Part 1, entry 2, column 1;
(e) Medicines
(Sale and Supply) (Miscellaneous Provisions) (Jersey) Order 1997[7], Article 1(1),
in the definition “registered ophthalmic optician” and
Article 3(4);
(f) Medicines
(Prescription Only) (Jersey) Order 1997[8],
Article 1(1), in the definition “registered ophthalmic optician”
and Schedule 2, entry 5, column 3.
(2) In
the following places for the words “ophthalmic opticians” there
shall be substituted the word “optometrists” –
(a) Medicines
(Pharmacy and General Sale Exemptions) (Jersey) Order 1997,
Schedule 1, Part 1, entry 2, column 1;
(b) Medicines
(Prescription Only) (Jersey) Order 1997, Schedule 2, entry 6,
column 1.
(3) In
the following places for the word “optician” there shall be
substituted the words “optometrist, dispensing optician” –
(a) Data
Protection (Jersey) Law 2005[9], Article 1(1),
in the definition “health professional”;
(b) Stamp
Duties and Fees (Jersey) Law 1998[10],
Schedule 1, Part 1, entry 8.
(4) In
the Social Security (Health Bonus Scheme) (Jersey) Regulations 2016[11],
Regulation 1, in the definition “optician” for the words
“person registered as an optician under” there shall be substituted
the words “registered optician within the meaning of”.
8 Citation
and commencement
This Law may be cited as the Opticians (Registration) (Amendment No. 2)
(Jersey) Law 2017 and shall come into force on the 7th day following its
registration.
dr. m. egan
Greffier of the States