S.I. No. 450/2015 - Optical Registration Board Application for Registration Bye-Law 2015.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd October, 2015.

The Optical Registration Board, in exercise of the powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005 (as amended), with the approval of the Health and Social Care Professionals Council, hereby makes the following bye-law:

1. (1) This bye-law may be cited as the Optical Registration Board Application for Registration Bye-Law 2015.

(2) This bye-law comes into operation on 31 October 2015.

2. In this bye-law—

“the Act” means the Health and Social Care Professionals Act 2005 (No. 27 of 2005) as amended from time to time;

“the Act of 1956” means the Opticians Act 1956 ;

“the Board” means the Optical Registration Board.

3. The Board has determined that a person seeking registration in a register and/or division of a register maintained by the Board shall apply to the Board by making an application in the form and containing the information set out in this bye-law, or as otherwise determined by the Board from time to time.

4. An application for registration shall:

(1) be made in writing or by electronic means on such form as is provided from time to time by or on behalf of the Board;

(2) contain the following information:

(a) the register and/or division of the register to which the application relates;

(b) details and evidence of the applicant’s personal and contact information;

(c) details and evidence of the applicant’s qualification(s) in reliance upon which the application is made, to include details and evidence of the applicant’s prior registration in the Register of Optometrists or the Register of Dispensing Opticians within the meaning of the Act of 1956 and/or the applicant’s current registration with the Board, if applicable;

(d) details and evidence sufficient to satisfy the Board of the applicant’s:

(i) career and employment history;

(ii) proof of practice in their profession (where applicable);

(iii) membership of professional/regulatory bodies (where applicable);

(iv) professional business operations (where applicable); and

(v) knowledge of the English or Irish language necessary for practising their profession in the State (where applicable);

(e) details of health and character in a format satisfactory to the Board, for the purposes of assisting the Board’s consideration of the applicant as a fit and proper person to engage in the practice of the profession; and

(f) any other information that the Board may deem necessary for the purpose of Section 37 of the Act;

(3) be completed, signed and dated by the applicant;

(4) be accompanied by:

(a) the following proof and verification of identity:

(i) a certified copy of the applicant’s valid passport or such suitable alternative proof of identity as the Board may from time to time determine;

(ii) details of the applicant’s personal public service number (PPSN); and

(iii) such other proof or verification of identity that the Board may deem necessary;

(b) the application fee prescribed by Council under Section 18 of the Act;

(c) a completed statutory declaration;

(d) either:

(i) a fully completed and signed Garda Vetting form permitting An Garda Síochána to furnish the Board with either a statement that there are no convictions registered against the applicant or a statement of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be; or

(ii) a fully completed and signed application for vetting disclosure (within the meaning of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47 of 2012)) permitting An Garda Síochána to furnish any and all information lawfully permitted; and

(e) in the case of applicants who have lived outside of the State for such periods of time as the Board may specify, a certified copy of police clearance from the jurisdictions of previous residence (or such jurisdictions as the Board may deem appropriate) and/or such other information as the Board may from time to time determine in respect of such periods; and

(5) be sent or delivered to the Registrar of the Board.

5. An applicant shall comply with such requirements of the Board in respect of education, training and continuing professional development as may apply from time to time.

6. An applicant who wishes to resume the practice of the profession, including insofar as the practice of a profession concerns the practice of the profession in the Contact Lenses Division of the Register of Dispensing Opticians, after not having practised the profession in the area of the profession now confined to persons registered in that division of the Register of Dispensing Opticians and previously confined to registrants in the Register of Dispensing Opticians within the meaning of the Opticians Act 1956 with entitlement to fit contact lenses or at all, for such period as the Board may specify, shall comply with such criteria or conditions as the Board may specify from time to time for the purposes of section 31(1)(fa) of the Act.

GIVEN under the seal of the Optical Registration Board

21 October 2015.

PETER McGRATH,

Chairperson, Optical Registration Board.

and

OWEN BLEE,

Member, Optical Registration Board.

EXPLANATORY NOTE

(This note is not part of the bye-law and does not purport to be a legal interpretation).

This bye-law details the form and information to be contained in an application to the Optical Registration Board for registration in a register and/or division of a register maintained by the Optical Registration Board.