Opticians (Amendment) Act 2003

Amendment of section 34 of Principal Act.

10.—The Principal Act is amended by substituting the following for section 34:

“Registration in the Register of Dispensing Opticians of other persons.

34.—(1) The Board shall, in accordance with the rules and on receipt of the appropriate fee register in the Register of Dispensing Opticians a person other than a person referred to in section 33 or 33A who applies for such registration and who—

(a) has undergone the courses of training and passed the examinations that are specified for the purposes of this section in the rules,

(b) is of good character and repute and has not been declared bankrupt, and

(c) is not prohibited or suspended from practising in the profession by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties.

(2) If not satisfied that the applicant qualifies for registration, the Board shall send a notice in writing to the applicant as soon as practicable stating the decision, the reason the decision was taken and the date on which the decision was made.

(3) An applicant who receives a decision referred to in subsection (2) may, within a period of 3 months beginning on the date of the decision, appeal to the High Court against the decision.

(4) On hearing an appeal under this section, the High Court may make any order it sees fit, including an order—

(a) affirming or setting aside any decision of the Board in relation to the application for registration, or

(b) remitting the application for registration with or without directions to the Board for reconsideration and the making of a new decision in relation to it.”.