Opticians (Registration) (Jersey) Law 1951

Jersey Law 9/1951 OPTICIANS (REGISTRATION) (JERSEY) LAW. 1951. ____________ A LAW to require the registration of ophthalmic and dispensing opticians, sanctioned by Order of His Majesty in Council of the 9th day of APRIL, 1951. (Registered on the 5th day of May, 1951). ____________ STATES OF JERSEY. ____________ The 13th day of February, 1951. ____________ T HE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 DEFINITIONS In this Law – “the appointed day” means the thirtieth day after the date of the promulgation of this Law; “the court” means the Inferior Number of the Royal Court; “optical appliance” means any appliance or device for assisting defective eyesight; “registered medical practitioner” means a physician or surgeon registered by the court under the enactments for the time being regulating the exercise in the Island of the profession of medical practitioner; “registered ophthalmic optician” and “registered dispensing optician” mean respectively an ophthalmic optician and a dispensing optician registered in pursuance of this Law. ARTICLE 2 OPTICIANS REQUIRED TO BE REGISTERED (1) It shall not be lawful for any person, on or after the appointed day – ( a ) to give advice on the existence of any defect in eyesight or on the extent of any such defect, unless he is registered by the court as an ophthalmic optician; or ( b ) to supply any optical appliance unless he is registered by the court as an ophthalmic optician or as a dispensing optician. (2) This Article shall not apply to – ( a ) the supply of any optical appliance to a registered medical practitioner, a registered ophthalmic optician or a registered dispensing optician; or ( b ) the supply of any optical appliance by a person, firm or company, under the direction of a registered ophthalmic optician or a registered dispensing optician in the employ of that person, firm or company; or ( c ) the supply of any appliance which is ordinarily used for assisting vision by persons whose eyesight is not defective. (3) If any person acts in contravention of this Article, he shall be liable in respect of each offence to a fine not exceeding fifty pounds sterling. ARTICLE 3 QUALIFICATIONS FOR REGISTRATION (1) No person shall be entitled to be registered as an ophthalmic optician in pursuance of this Law unless he is the holder of one of the following diplomas or certificates – ( a ) the Fellowship Diploma of the British Optical Association; ( b ) the Honours Fellowship Diploma of the British Optical Association; ( c ) the Fellowship Diploma of the Worshipful Company of Spectacle Makers; ( d ) the Honours Fellowship Diploma of the Worshipful Company of Spectacle Makers; ( e ) the Fellowship Diploma of the National Association of Opticians, if obtained subsequent to the sixteenth day of October, 1935; ( f ) the Fellowship Diploma of the Scottish Association of Opticians, if obtained subsequent to the twelfth day of December, 1935; ( g ) the Membership Certificate of the Institute of Chemists – Opticians, if obtained subsequent to the twelfth day of December, 1935; ( h ) the Diploma in Ophthalmics issued by the Institute of Optical Science or the Fellowship Diploma of the Institute of Optical Science. (2) No person shall be entitled to be registered as a dispensing optician in pursuance of this Law unless he is the holder of – ( a ) the Associate Diploma or the Fellowship Diploma or the Honours Fellowship Diploma of the Association of Dispensing Opticians; or ( b ) the dispensing certificate of any of the examining bodies mentioned in paragraph (1) of this Article. ARTICLE 4 MISCELLANEOUS PROVISIONS RELATING TO APPLICATIONS FOR REGISTRATION (1) An application for registration in pursuance of this Law shall be accompanied by such evidence that the applicant is entitled to be registered as the court may require. (2) Where an applicant for registration in pursuance of this Law is an alien, the court may require him to produce a duly authenticated certificate of good character. (3) The qualifications by virtue of which a person is registered in pursuance of this Law shall be set out in the act of the court ordering the registration. ARTICLE 5 POWER OF COURT TO REFUSE, SUSPEND OR CANCEL REGISTRATION (1) Where, in the opinion of the court, an applicant for registration in pursuance of this Law, or a registered ophthalmic optician or a registered dispensing optician, has been convicted of any such criminal offence or has been guilty of such misconduct as, in the opinion of the court, renders it undesirable that he should be entitled to practise as an ophthalmic optician or a dispensing optician, as the case may be, the court may, on the motion of the Attorney General, refuse to register the applicant or, as the case may be, suspend or cancel the registration of the person registered. (2) Any decision of the court in pursuance of paragraph (I) of this Article may, either on the motion of the Attorney General or on the application of the person concerned, be varied by a subsequent decision. ARTICLE 6 LISTS OF REGISTERED OPHTHALMIC AND DISPENSING OPTICIANS TO BE KEPT POSTED The Judicial Greffier shall make, and keep posted in the Lobby of the Royal Court House, a list of registered ophthalmic opticians and a list of registered dispensing opticians, showing their names and addresses and the qualifications by virtue of which they were registered in pursuance of this Law. ARTICLE 7 PENALTY FOR FRAUDULENTLY OBTAINING REGISTRATION If any person obtains or attempts to obtain the registration of himself as an ophthalmic optician or a dispensing optician in pursuance of this Law by means of a false or forged diploma or certificate or by assuming the name of another person, he shall be liable to imprisonment for a term not exceeding one year. ARTICLE 8 RESTRICTION ON USE OF CERTAIN TITLES (I) It shall not be lawful for any person, on or after the appointed day – ( a ) to take or use the title of “ophthalmic optician” unless he is registered as such in pursuance of this Law ; or ( b ) to take or use the title of “dispensing optician” or “optician” unless he is registered as an ophthalmic optician or a dispensing optician in pursuance of this Law. (2) If any person acts in contravention of the provisions of this Article, he shall be liable in respect of each offence to a fine not exceeding twenty pounds sterling and, in the case of a continuing offence, to a further fine not exceeding two pounds sterling for every day on which the offence continues after conviction. ARTICLE 9 SAVING FOR REGISTERED MEDICAL PRACTITIONERS Nothing in this Law shall be construed as derogating in any way from the right of a registered medical practitioner to practise ophthalmology in the Island. ARTICLE 10 SHORT TITLE This Law may be cited as the Opticians (Registration) (Jersey) Law, 1951. To be printed, published and posted. F. DE L. BOIS, Greffier of the States.