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Amendment of Principal Act - insertion of Part 7A (prescription and sale of spectacles)
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34. The Principal Act is amended by inserting the following Part after section 81:
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“Part 7A
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Prescription and Sale of Spectacles
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Restriction on prescribing spectacles and dispensing prescriptions for spectacles
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81A. (1) A person shall not, on or after the relevant day, issue a prescription for spectacles unless he or she is a registered medical practitioner or a registrant of the designated profession of optometrist.
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(2) A person shall not, on or after the relevant day, dispense prescriptions of registered medical practitioners or registrants of the designated profession of optometrist for spectacles unless he or she is a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician.
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(3) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a class D fine in the case of a first offence and, in the case of a second or any subsequent offence, a class B fine.
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Restriction on selling spectacles
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81B. (1) Subject to subsection (2), a person shall not, on or after the relevant day, sell spectacles unless—
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(a) if the person is not a body corporate, the person is a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician or, if the sale is conducted on behalf of the person by another person, that other person is a registered medical practitioner or such a registrant, or
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(b) if the person is a body corporate, the sale is conducted by a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician.
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(2) A person, other than a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician, may assist in a sale or in the conduct of a sale of spectacles where such assistance is provided in relation to the sale by a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician of spectacles in accordance with subsection (1).
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(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.
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Bye-laws for regulation and control of prescribing, dispensing of prescriptions or sales
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81C. (1) The Optical Registration Board may, by bye-laws, make provision for the regulation and control of—
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(a) the prescribing of spectacles by registrants of the designated profession of optometrist,
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(b) the dispensing of prescriptions of registered medical practitioners or registrants of the designated profession of optometrist for spectacles by registrants of the designated profession of optometrist or dispensing optician, or
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(c) sales of spectacles, being sales by or conducted by registrants of the designated profession of optometrist or dispensing optician, including sales assisted by persons referred to in section 81B(2).
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(2) A registrant of the designated profession of optometrist or dispensing optician who contravenes a bye-law which is made for the purposes of this section and which is stated to be a penal bye-law is guilty of an offence and is liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.
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Bye-laws for control of advertising
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81D. (1) The Optical Registration Board may, by bye-laws, make provision for the control of advertising (including advertising by way of canvassing) which advertises—
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(a) a registrant of the designated profession of optometrist or dispensing optician,
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(b) the prescribing of spectacles or the provision of orthoptic treatment by a registrant of the designated profession of optometrist,
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(c) the dispensing of prescriptions for spectacles by registrants of the designated profession of optometrist or dispensing optician, or
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(d) sales of spectacles, being sales by or conducted by a registrant of the designated profession of optometrist or dispensing optician.
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(2) Where, as respects any advertising to which bye-laws made for the purposes of this section relate, there is a contravention of any of the bye-laws which is stated to be a penal bye-law, the responsible person is guilty of an offence and is liable on summary conviction to a class D fine in the case of a first offence and, in the case of a second or any subsequent offence, a class B fine.
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(3) In subsection (2) ‘responsible person’ means—
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(a) in the case of advertising which advertises a registrant of the designated profession of optometrist or dispensing optician, the dispensing of prescriptions for spectacles by such a registrant or sales of spectacles by such a registrant - that registrant,
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(b) in the case of advertising which advertises the prescribing of spectacles or the provision of orthoptic treatment by a registrant of the designated profession of optometrist - that registrant, and
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(c) in the case of advertising which advertises sales of spectacles conducted by a registrant of the designated profession of optometrist or dispensing optician - that person (including a body corporate) on whose behalf the sales are to be conducted.
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Saver for manufacture of spectacles, etc.
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81E. Nothing in this Part shall operate to prevent or restrict—
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(a) the manufacture of spectacles,
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(b) the sale by wholesale of spectacles,
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(c) the sale to hospitals of spectacles,
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(d) the employment of persons to carry out work on spectacles under the supervision of a registered medical practitioner or a registrant of the designated profession of optometrist or dispensing optician, or
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(e) the repair of the frames of spectacles.”
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