The General Optical Council (Registration Rules) Order of Council 2005 No. 1478

SCHEDULE U.K. THE GENERAL OPTICAL COUNCIL (REGISTRATION) RULES 2005

PART 2 U.K. APPLICATIONS FOR REGISTRATION OR RESTORATION

Applications for registration or restoration of registration U.K.

3.—(1) An application for—

(a) registration in a register or

(b) restoration of registration following removal by the registrar of a name from a register,

shall be submitted to the registrar in such form (including electronic) as may be specified by the Council.

(2) Paragraph (1)(b) does not apply in relation to an application for the restoration in a register of a person's registration following the erasure of that person's name from the register on a direction of the Fitness to Practise Committee under section 13F (powers of the Fitness to Practice Committee) M1 .

Marginal Citations

M1 Applications for restoration of registration following erasure on a direction by the Fitness to Practice Committee under section 13F of the Opticians Act 1989 (c. 44) are made under the General Optical Council (Registration Appeals) Rules 2005 (the rules are scheduled to S.I. 2005/ 1477

Applications for entry in a register of particulars of a specialty or for restoration of an entry U.K.

4.—(1) An application for—

(a) the entry in a register of particulars of a specialty; or

(b) restoration of such an entry following its removal by the registrar,

shall be submitted to the registrar in such form (including electronic) as may be specified by the Council.

(2) Paragraph (1)(b) does not apply in relation to an application for the restoration in a register of a person's entry relating to a specialty following its removal on a direction of the Fitness to Practise Committee under section 13F (powers of the Fitness to Practice Committee) M2 .

Marginal Citations

M2 Applications for restoration of an entry relating to a specialty following its removal on a direction by the Fitness to Practice Committee under section 13F of the Opticians Act 1989 (c. 44) are made under the General Optical Council (Registration Appeals) Rules 2005.

Information required from individual applicants for registration or restoration of registration U.K.

5.—(1) An application under rule 3 for registration or restoration of registration as an individual registrant shall include—

(a) the applicant's full name;

(b) his former names, if any;

(c) his date of birth;

(d) F1 ... a declaration as to whether he—

(i) has any convictions (including a conviction by court martial) or cautions in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence,

(ii) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 M3 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 M4 (penalty as alternative to prosecution),

(iii) in proceedings in Scotland for an offence, has been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely,

(iv) was the subject of any determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body outside the United Kingdom to the same effect, or

(v) is currently the subject of any investigation or proceedings which might lead to any of the results set out in paragraphs (i) to (iv);

(e) in any case falling within sub-paragraph (d), details of any investigations (including approximate dates), the place where any relevant proceedings are being or were brought and, where possible, the outcome;

(f) F2 ... details of any adverse physical or mental health which a reasonable person would think may impair his fitness to practise; and

(g) a photograph which is signed and dated by—

(i) a registered optometrist or registered dispensing optician,

(ii) a registered medical practitioner,

(iii) a solicitor or barrister,

(iv) a justice of the peace,

(v) an accountant,

(vi) a principal of an educational institution which granted the applicant a qualification or a person authorised by the principal of that institution, or

(vii) another individual of similar standing in the community,

who has known the applicant for at least two years and who certifies that the photograph is a true likeness of the applicant.

(2) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

Textual Amendments

F1 Words in Sch. rule 5(1)(d) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 20(b)(i) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. rule 5(1)(f) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 20(b)(ii) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 1995 c. 46. Section 302(9)(a) was amended by Schedule 17 to the Communications Act 2003 (c. 21).

M4 1992 c. 5. Section 115A(7A) and (7B) were inserted by section 14 of the Social Security Fraud Act 2001 (c. 11).

Additional information required from individual applicants for registration or restoration of registration as a student U.K.

6.  In addition to the information required under rule 5, an application under rule 3 for registration or restoration of registration as a student undertaking training as an optometrist or a dispensing optician shall include—

(a) a contact address for the applicant;

(b) if he is proposing to receive education or training as an optometrist or a dispensing optician at an approved training establishment, the name and address of that establishment; and

(c) if, as part of the education or training, he is proposing to undertake practical experience in the work of an optometrist or a dispensing optician—

(i) the full name of any persons who may act as his supervisors (if his application for registration or restoration is granted and if the names are known),

(ii) a contact address for such supervisors,

(iii) if applicable, an indication of the trading name under which such supervisors practise or are employed; and

(iv) all practice addresses at which the applicant is proposing to obtain that experience.

Additional information required from individual applicants for registration or restoration of registration as an optometrist or a dispensing optician U.K.

7.  In addition to the information required under rule 5, an application under rule 3 for registration or restoration of registration as an optometrist or a dispensing optician shall include—

(a) a contact address for the applicant;

(b) an indication of whether or not the contact address provided under sub-paragraph (a) is a proposed practice address and—

(i) if it is, either the trading name under which the applicant proposes to practise at that address or the name under which his employer undertakes the business of an optometrist or a dispensing optician (or both); and

(ii) all proposed practice addresses of the applicant, other than the contact address, together with, in each case, an indication of the trading name, if any, under which the applicant proposes to practise at each address;

(c) a copy of a certificate of any approved qualification or other qualification held by the applicant in reliance upon which the application is made, including the name of the approved training establishment or establishment from which, and the date upon which, the qualification was obtained (where this information is not stated on the certificate);

(d) details of the practical experience in the work of an optometrist or a dispensing optician by virtue of which the application is made;

[F3 (e) evidence that, if the applicant's name were to be entered in the register, that applicant would have in place appropriate cover under an indemnity arrangement for the purposes of complying with section 10A (indemnity arrangements for individual registrants and persons applying for their name to be registered);]

[F3 (f) a copy of that indemnity arrangement or a means of identifying the terms of that indemnity arrangement.]

Textual Amendments

F3 Sch. rule 7(e)(f) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 1 para. 8

Information required from applicants for registration or restoration of registration as business registrants U.K.

8.—(1) An application under rule 3 for registration or restoration of registration as a body corporate carrying on business as an optometrist, dispensing optician or both, shall include the following information—

(a) the applicant's full name;

(b) the applicant's former names, if any;

(c) the applicant's date of incorporation (if applicable);

(d) if sub-paragraph (c) is not applicable, the date the applicant commenced trading;

(e) the company registration number of the applicant (if applicable);

(f) the applicant's registered address or, if it does not have one, a contact address, together with an indication of—

(i) whether or not this is a practice address, and

(ii) if it is, the trading name under which the applicant carries on business at that address;

(g) all practice addresses of the applicant, other than the address provided under sub-paragraph (f), together with an indication of the trading name under which the applicant practises at each address;

(h) a declaration, made on behalf of the applicant, as to whether it or any of its directors—

(i) has any convictions (including a conviction by court martial) or cautions in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence,

(ii) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 M5 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 M6 (penalty as alternative to prosecution),

(iii) in proceedings in Scotland for an offence, has been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely, or

(iv) was the subject of a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that—

(aa) the body corporate's fitness to carry on business as a member of that profession is impaired, or

(bb) the fitness of a director of the body corporate to practise that profession is impaired,

(v) was the subject of a determination by a regulatory body outside the United Kingdom to the same effect as is described in paragraph (iv), or

(vi) is currently the subject of any investigation or proceedings which might lead to any of the results set out in paragraphs (i) to (v);

(i) in any case falling within sub-paragraph (h), details of any investigations (including approximate dates), the place where any relevant proceedings are being or were brought and, if possible, the outcome; and

(j) the information required by paragraph (2).

(2) The information required by this paragraph is—

(a) in the case of an application made in reliance upon section 9(2)(a) (register of bodies corporate carrying on business as opticians) M7 —

(i) if applicable, a copy of the most recent director's report produced pursuant to section 234 of the Companies Act 1985 M8 (duty to prepare directors' report), and

(ii) the names and addresses of all directors and, if applicable, their registration numbers as optometrists or dispensing opticians;

(b) in the case of an application made in reliance upon section 9(2)(b), a certificate issued by the Secretary of State—

(i) that on 20th November 1957 the applicant's name, or a name under which it carried on business, was included in one of the health service ophthalmic lists, or

(ii) if the applicant subsequently came into existence on the reconstruction of a body corporate, that it was entitled to be registered by virtue of section 9(2)(b);

(c) in the case of an application made in reliance upon section 9(2)(c)—

(i) a certificate issued by the applicant's accountant that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances, together with—

(aa) the name of the registered optometrist under whose management the testing of sight is carried on; or

(bb) the name of the registered optometrist or registered dispensing optician under whose management the business of the fitting and supply of optical appliances is carried on,

(ii) a certificate issued by the applicant that so much of its business as consists of the testing of sight is carried on under the management of a registered optometrist, and

(iii) a certificate issued by the applicant that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optometrist or registered dispensing optician; or

(d) in the case of an application made in reliance upon section 9(2)(d) —

(i) a certificate described in sub-paragraph (c)(ii) and (iii), and

(ii) a copy of the acknowledgement of registration issued by the [F4 Financial Conduct Authority] under section 2(3) of the Industrial and Provident Societies Act 1965 M9 or the registrar under section 2(3) of the Industrial and Provident Societies Act Northern Ireland 1969 M10 .

(3) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

Textual Amendments

F4 Words in Sch. rule 8(2)(d)(ii) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 107

Marginal Citations

M5 1995 c. 46. Section 302(9)(a) was amended by Schedule 17 to the Communications Act 2003 (c. 21).

M6 1992 c. 5. Section 115A(7A) and (7B) were inserted by section 14 of the Social Security Fraud Act 2001 (c. 11).

M7 Section 9(2) was amended by S.I. 2005/848.

M8 1985 c. 6. Modifications and amendments of section 234 were made by section 8(1) of the Companies Act 1989 (c. 40), section 9(1) and (2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) and S.I. 1996/189, 1997/571 and 2004/3219.

M9 1965 (c. 12). Section 2(3) was amended by S.I. 2001/2617 and S.I. 2001/3649.

M10 1969 c. 24.

Information required for entry of particulars of a specialty or restoration of such an entry U.K.

9.—(1) An application under rule 4 for the entry in a register of particulars of a specialty or the restoration of an entry relating to a specialty shall include—

(a) where the application is for an entry relating to a contact lens specialty and is reliant upon certification under rule 5 (certification) of the General Optical Council (Contact Lens Qualifications Etc.) Rules 1988 M11 , a copy of the certificate; or

(b) in any other case, a copy of a certificate of the qualification held by the applicant by virtue of which the application is made, including the name of the approved training establishment or other establishment from which, and the date upon which, the qualification was obtained (where this information is not stated on the certificate)

[F5 (1A) Where the application is for an entry relating to the independent prescribing specialty, the application shall include details of the applicant’s practical experience relating to the work and activities listed in column 3 of the Table in rule 10 in relation to that specialty.]

(2) Where the application is for restoration of an entry relating to a specialty, the application shall—

(a) where the applicant is not registered, be made at the same time as an application for restoration of the applicant's registration; or

(b) where the applicant is registered, include his registration number.

(3) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

Textual Amendments

F5 Sch. rule 9(1A) inserted (coming into force in accordance with Sch. rule 1(1) of the amending S.I.) by The General Optical Council (Therapeutics and Contact Lens Specialties) Rules Order of Council 2008 (S.I. 2008/1940), Sch. rule 2(3)

Marginal Citations

M11 The Rules were scheduled to S.I. 1985/856 and amended by Rules scheduled to S.I. 1988/1305.