The General Optical Council (Fitness to Practise Rules) Order of Council 2005

PART 4 REFERRAL TO THE FITNESS TO PRACTISE COMMITTEE

Referral to Fitness to Practise Committee

13.  The Investigation Committee shall, taking into account any report of an assessment carried out under Part 3, decide whether or not an allegation ought to be referred to the Fitness to Practise Committee.

Warnings

14.—(1) Where the Investigation Committee decides that an allegation against a registrant ought not to be considered by the Fitness to Practise Committee, they shall consider whether or not to give a warning to the registrant regarding his or its future conduct or performance.

(2) If it appears to the Committee that they may wish to give a warning, they shall direct the registrar to notify the registrant in writing that he is entitled to make written representations within the period of 28 days beginning with the date of the notice.

(3) The Investigation Committee shall take into account any representations made by the registrant in accordance with paragraph (2).

Review of decision not to refer

15.—(1) Subject to paragraph (2), a decision not to refer an allegation to the Fitness to Practise Committee may be reviewed by the Investigation Committee.

(2) Subject to paragraph (3), the Committee shall not review such a decision unless they consider that there is new evidence or information which makes such a review—

(a) necessary for the protection of the public;

(b) necessary for the prevention of injustice to the registrant; or

(c) otherwise necessary in the public interest.

(3) The Investigation Committee may review such a decision where they receive information that the Council has erred in its administrative handling of the case and they are satisfied that it is necessary in the public interest to do so.

(4) Where the Investigation Committee decides to review a decision, the registrar shall—

(a) inform the registrant and the maker of the allegation (if any) of the decision to review;

(b) inform the registrant and the maker of the allegation (if any) of any new evidence or information and, where appropriate, provide them with copies of any new evidence received; and

(c) seek representations from the registrant and the maker of the allegation (if any) regarding the review of the decision.

(5) Where the Investigation Committee has reviewed a decision, it may—

(a) determine that the original decision should stand;

(b) decide that the allegation ought be referred to the Fitness to Practise Committee.

(6) Where the Investigation Committee has reviewed a decision not to refer, the registrar shall notify—

(a) the registrant;

(b) the maker of the allegation (if any); and

(c) any other person he considers has an interest in receiving a notification,

in writing, as soon as reasonably practicable, of the Investigation Committee’s decision, together with the reasons for that decision.

Termination of referral

16.—(1) Where an allegation against a registrant has been referred to the Fitness to Practise Committee under section 13D(6)(b) (reference by registrar following direction from Investigation Committee)(1), the Investigation Committee may review the referral.

(2) If the Investigation Committee no longer consider that the allegation ought to be considered by the Fitness to Practise Committee, the Investigation Committee shall give a direction to that effect and the Fitness to Practise Committee shall not consider that allegation

(3) Where the Investigation Committee give a direction under paragraph (2) the registrar shall notify—

(a) the registrant;

(b) the maker of the allegation (if any); and

(c) any other person he considers has an interest in receiving a notification,

in writing, as soon as reasonably practicable, of the Investigation Committee’s decision, together with the reasons for that decision.

(1)

Section 13D was inserted by S.I. 2005/848.