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 to the practice of optometry and opticianry in Singapore. Part 6 of the Act, titled "Saving and Transitional Provisions," addresses the status and treatment of licensed contact lens practitioners who were registered under the repealed Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition).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 the legal implications for practitioners transitioning under the new regulatory framework.
Deemed Registration and Practising Certificates for Licensed Contact Lens Practitioners
Section 39(1) 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 them to carry out any practice of opticianry under the Act. This deemed registration is subject to any conditions or restrictions prescribed by the Minister.
"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." — Section 39(1), 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of professional status and practice rights for licensed contact lens practitioners who were registered under the repealed Act. It prevents disruption to their ability to practise by automatically recognising their prior registration and granting them practising certificates under the new regulatory regime. The Minister’s power to impose conditions or restrictions allows for regulatory oversight and ensures that practitioners meet current standards.
Application for Registration as Optometrists and Practising Certificates
Section 39(2) clarifies that the deemed registration as opticians does not preclude licensed contact lens practitioners from applying to be registered as optometrists or from applying for practising certificates to carry out optometry practice under the Act. Such applications remain subject to conditions or restrictions prescribed by the Minister.
"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(2), Optometrists and Opticians Act 2007
Verify Section 39 in source document →
Purpose: This provision preserves the professional mobility of licensed contact lens practitioners, allowing them to expand their scope of practice by becoming registered optometrists. It reflects the Act’s recognition of the distinct professional roles of optometrists and opticians while facilitating career progression within the regulatory framework.
Recognition of Orders and Decisions under the Repealed Act
Section 40(1) stipulates that any order or decision made by the Contact Lens Practitioners Board under the repealed Act is 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 ensures legal continuity and stability by preserving the validity of prior regulatory decisions. It prevents the need for re-issuance or re-adjudication of orders, thereby safeguarding the rights and obligations established under the repealed Act.
Definitions Relevant to Transitional Provisions
Section 38 provides key definitions that underpin the transitional provisions:
- "licence" 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 held a valid licence under the repealed Act authorising practice as a contact lens practitioner;
- "repealed Act" means the Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition) repealed by this Act.
"“licence”, in relation to a licensed contact lens practitioner, means the licence granted to the licensed contact lens practitioner under the repealed Act;" — Section 38, Optometrists and Opticians Act 2007
Verify Section 38 in source document →
"“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;" — Section 38, Optometrists and Opticians Act 2007
Verify Section 38 in source document →
"“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 →
Purpose: These definitions provide clarity and precision in identifying the individuals and licences affected by the transitional provisions. They ensure that the Act’s provisions apply specifically to those practitioners who were licensed under the previous legislative regime, thereby avoiding ambiguity.
Absence of Penalties in Transitional Provisions
Notably, Part 6 of the Act does not specify any penalties for non-compliance with the transitional provisions. This absence suggests that the transitional provisions are primarily intended to facilitate a smooth regulatory transition rather than to impose new punitive measures.
Purpose: By omitting penalties, the legislature signals an emphasis on administrative continuity and professional recognition rather than enforcement during the transitional phase. This approach reduces uncertainty and potential hardship for practitioners adapting to the new legal framework.
Cross-References to Other Legislation
The Act explicitly references the repealed Contact Lens Practitioners Act (Cap. 53A, 2002 Revised Edition) and preserves its relevance for transitional purposes. Additionally, Section 40(2) clarifies that the transitional provisions do not affect section 16 of the Interpretation Act 1965, 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 →
"(2) 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 ensure that the transitional provisions operate consistently within Singapore’s broader legislative framework. Section 16 of the Interpretation Act 1965 typically preserves rights and liabilities under repealed legislation, reinforcing the continuity intended by the transitional provisions.
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 prior registrations and practising certificates valid, allowing applications for expanded registration, and preserving prior regulatory decisions, the Act ensures legal continuity and professional stability. The clear definitions and cross-references further support a smooth transition, while the absence of penalties during this phase underscores a focus on administrative facilitation rather than enforcement.
Sections Covered in This Analysis
- Section 38 – Definitions
- Section 39(1) – Deemed Registration and Practising Certificates
- Section 39(2) – Applications for Registration and Practising Certificates
- Section 40(1) – Recognition of Orders and Decisions
- Section 40(2) – Non-Affectation of Interpretation Act 1965 Section 16
Source Documents
For the authoritative text, consult SSO.