Opticians Act, 1956

• Jurisdiction: Ireland
• Citation: IR No. 17/1956
• Year: 1956

Number 17 of 1956.
OPTICIANS ACT, 1956.
ARRANGEMENT OF SECTIONS
PART I .
PRELIMINARY AND GENERAL.
Section 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 provision 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 from 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. Prosecution of offences.
Act Referred to Social Welfare Act, 1952 No. 11 of 1952
Number 17 of 1956.
OPTICIANS ACT, 1956.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD TO BE STYLED AND KNOWN AS BORD NA RADHARCMHASTOIRI 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.
	Short title.	1.—This Act may be cited as the Opticians Act, 1956.
	Interpretation.	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.
	Establishment day and appointed day.	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.
	Expenses of the Minister.	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.
	Establishment of the Board.	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.
	Seal of the Board.	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.
	Number of members of the Board.	7.—The number of the members of the Board shall be eleven.
	Election year.	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.
	Appointment by Minister of members of the Board.	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.
	Election of members of the Board.	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...