Part of a comprehensive analysis of the Optometrists and Opticians Act 2007
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Transitional Provisions for Licensed Contact Lens Practitioners under the Optometrists and Opticians Act 2007
The Optometrists and Opticians Act 2007 (the "Act") introduces significant regulatory changes governing the practice of optometry and opticianry in Singapore. Part 6 of the Act, titled "Saving and Transitional Provisions," addresses the status and rights of licensed contact lens practitioners who were registered under the repealed Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition). This analysis examines the key provisions in Part 6, their purposes, and their implications for practitioners transitioning under the new regulatory framework.
Deemed Registration and Practising Certificates for Licensed Contact Lens Practitioners
Section 39 of the Act provides that every licensed contact lens practitioner immediately before 22 February 2008 is deemed to be registered as an optician and to hold a practising certificate authorising the practice of opticianry under the new Act. This deemed registration is subject to any conditions or restrictions prescribed by the Minister.
"(1) Despite this Act, every licensed contact lens practitioner is deemed to be registered as an optician and have in force a practising certificate which authorises the licensed contact lens practitioner to carry out any practice of opticianry under this Act, subject to such conditions or restrictions that the Minister may prescribe. (2) To avoid doubt, nothing in subsection (1) prevents a licensed contact lens practitioner from — (a) applying to be registered as an optometrist; and (b) applying for a practising certificate to carry out any practice of optometry, under this Act, subject to such conditions or restrictions that the Minister may prescribe." — Section 39, Optometrists and Opticians Act 2007
Verify Section 39 in source document →
Purpose: This provision ensures continuity of professional status and practice rights for licensed contact lens practitioners despite the repeal of the previous legislation. It prevents any regulatory vacuum or disruption in their ability to practise opticianry. The Minister’s power to impose conditions or restrictions allows for regulatory oversight and quality control during the transitional phase.
Subsection (2) clarifies that licensed contact lens practitioners retain the right to apply for registration as optometrists and to obtain practising certificates for optometry under the new Act. This provision recognises the potential for career progression and professional development within the new regulatory framework.
Recognition of Previous Orders and Decisions
Section 40(1) stipulates that any orders or decisions made by the Contact Lens Practitioners Board under the repealed Act are deemed to have the same force and effect as if made by the Optometrists and Opticians Board under the current Act.
"Any order or decision made by the Contact Lens Practitioners Board pursuant to the provisions of the repealed Act is deemed to be, and has the same force and effect of, an order or decision made by the Optometrists and Opticians Board under this Act." — Section 40(1), Optometrists and Opticians Act 2007
Verify Section 40 in source document →
Purpose: This provision preserves the legal validity and enforceability of regulatory decisions made under the previous regime. It ensures that disciplinary actions, registrations, or other administrative decisions are not invalidated by the legislative transition, thereby maintaining regulatory consistency and protecting public interest.
Non-Affectation of Interpretation Act 1965
Section 40(2) explicitly states that the transitional provisions do not affect section 16 of the Interpretation Act 1965.
"This section does not affect section 16 of the Interpretation Act 1965." — Section 40(2), Optometrists and Opticians Act 2007
Verify Section 40 in source document →
Purpose: Section 16 of the Interpretation Act 1965 concerns the effect of repeals and savings of laws. By preserving the operation of section 16, the Act ensures that general principles of statutory interpretation regarding repeals and transitional provisions continue to apply. This safeguards against unintended legal consequences and supports coherent statutory interpretation.
Definitions Relevant to Transitional Provisions
Section 38 defines key terms used in Part 6 to clarify their scope and application:
"In this Part — “licence”, in relation to a licensed contact lens practitioner, means the licence granted to the licensed contact lens practitioner under the repealed Act; “licensed contact lens practitioner” means a person who, immediately before 22 February 2008, was holding a valid licence granted to the person under the repealed Act (whether provisionally or otherwise) authorising the person to practise as a contact lens practitioner under the provisions of that Act; “repealed Act” means the Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition) repealed by this Act." — Section 38, Optometrists and Opticians Act 2007
Purpose: These definitions ensure clarity and precision in the application of the transitional provisions. By explicitly defining "licence," "licensed contact lens practitioner," and "repealed Act," the Act delineates the cohort of practitioners affected and the legal instruments involved. This avoids ambiguity and facilitates smooth implementation of the transitional arrangements.
Absence of Penalties in Transitional Provisions
The text of Part 6 does not specify any penalties for non-compliance with the transitional provisions.
[No penalties mentioned in Part 6 Saving and Transitional Provisions.]
Verify source in source document →
Purpose: The absence of explicit penalties suggests that Part 6 is primarily intended to facilitate a smooth transition rather than to impose new regulatory burdens or sanctions. Penalties for professional misconduct or breaches of the Act are likely governed by other substantive provisions of the Act or related regulations. This approach reflects a policy of enabling continuity and stability for practitioners during the legislative changeover.
Cross-References to Other Legislation
Part 6 cross-references two key statutes:
- The repealed Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition), which previously regulated contact lens practitioners.
- The Interpretation Act 1965, particularly section 16, which governs the effect of repeals and savings.
"“repealed Act” means the Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition) repealed by this Act." — Section 38, Optometrists and Opticians Act 2007
Verify Section 38 in source document →
"This section does not affect section 16 of the Interpretation Act 1965." — Section 40(2), Optometrists and Opticians Act 2007
Verify Section 40 in source document →
Purpose: These cross-references provide legal context and continuity. Recognising the repealed Act ensures that practitioners’ prior licences and regulatory history are acknowledged. Preserving the operation of the Interpretation Act 1965 safeguards the proper interpretation and application of the transitional provisions within Singapore’s broader legislative framework.
Conclusion
Part 6 of the Optometrists and Opticians Act 2007 carefully manages the transition of licensed contact lens practitioners from the repealed Contact Lens Practitioners Act to the new regulatory regime. By deeming registration and practising certificates, recognising prior regulatory decisions, and defining key terms, the Act ensures continuity, legal certainty, and professional stability. The Minister’s discretion to impose conditions balances practitioner rights with public protection. The preservation of interpretative provisions further supports coherent statutory application. Overall, these provisions exemplify prudent legislative design in managing regulatory transitions within the healthcare professions.
Sections Covered in This Analysis
- Section 38 – Definitions in Part 6
- Section 39 – Deemed Registration and Practising Certificates for Licensed Contact Lens Practitioners
- Section 40(1) – Recognition of Previous Orders and Decisions
- Section 40(2) – Non-Affectation of Interpretation Act 1965
Source Documents
For the authoritative text, consult SSO.