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Rules for control of advertising.
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52.—(1) The Board may, by rules, make provision for the control of advertising (including advertising by way of canvassing) which advertises—
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(a) a registered optician,
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(b) the prescribing of spectacles or the provision of orthoptic treatment by a registered ophthalmic optician,
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(c) the dispensing of prescriptions for spectacles by a registered optician, or
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(d) sales of spectacles, being sales by or conducted by a registered optician.
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(2) Where, as respects any advertising to which rules made for the purposes of this section relate, there is a contravention of any of the rules which is stated to be a penal rule, the responsible person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding, in the case of a first offence, twenty pounds and, in the case of a second or any subsequent offence, one hundred pounds.
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(3) In subsection (2) of this section, “the responsible person” means—
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(a) in the case of advertising which advertises a registered optician, the dispensing of prescriptions for spectacles by a registered optician or sales of spectacles by a registered optician—the registered optician,
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(b) in the case of advertising which advertises the prescribing of spectacles or the provision of orthoptic treatment by a registered ophthalmic optician—the registered ophthalmic optician, and
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(c) in the case of advertising which advertises sales of spectacles conducted by a registered optician—the person (including a body corporate) on whose behalf the sales are to be conducted.
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