The General Optical Council (Fitness to Practise) Rules Order of Council 2013

PART 8 REVIEWS

Referral for a review

55.  Where the Fitness to Practise Committee has previously made an interim order, conditional order or suspension order in respect of a registrant, the registrar—

(a) must refer the case to the Committee for the purposes of sections 13F(10) or 13L(3)(a) or (9); or

(b) may refer the case to the Committee where new evidence is received by the Council which, in the registrar’s opinion, suggests that an order imposed on the registrant’s registration ought to be reviewed.

Notice of review

56.  The registrar must serve on the registrant notification of the date of the proposed review of an interim order, a conditional order or a suspension order (“a review hearing”) together with—

(a) a copy of any statement, report, information or document which—

(i) the registrant has not previously been sent, and

(ii) is relevant to the review;

(b) details of the order which is to be reviewed; and

(c) the information set out in rule 28(1)(b) to (e).

Date of review

57.  The review of a conditional order or a suspension order must not be held earlier than 28 days after the date upon which the notification was served on the registrant by virtue of rule 56: this does not apply where the registrant agrees to, or the Fitness to Practise Committee is of the view that the public interest requires, an earlier hearing.

Conduct of review hearing.

58.—(1) A review of an interim order shall be a private hearing.

(2) Unless the Fitness to Practise Committee determines otherwise, the order of proceedings at a review hearing is to be as follows—

(a) the Presenting Officer is to inform the Committee of the background to the case and the order previously imposed on the registrant, and is to direct the attention of the Committee to any relevant evidence;

(b) the registrant may adduce any relevant evidence on which the registrant intends to rely and may make submissions;

(c) the Committee is to deliberate in private and determine disposal of the case in accordance with sections 13F and 13L;

(d) the Committee must announce its decision together with the reasons for it in the presence of any parties who may attend.