Hearing Aid Council Act 1968 (repealed)

7 Erasure from the registers for crime, misconduct, etc. U.K.

(1) If any person registered in accordance with the provisions of this Act—

(a) is convicted by any court in the United Kingdom of any criminal offence, not being an offence which, owing to its trivial nature or the circumstances under which it was committed, does not render him unfit to have his name on the register, or

(b) is judged by the Disciplinary Committee to have been guilty of serious misconduct in connection with the dispensing of hearing aids [F1 or the training of persons to act as dispensers of hearing aids; or

(c) is judged by the Disciplinary Committee to have contravened any code of trade practice published by the Council under section 1 of this Act,],

the Disciplinary Committee may, if they think fit, [F2 impose any one or more of the following penalties—

(i) issue an admonition;

(ii) impose a monetary penalty not exceeding £1,000;

(iii) direct that the registration of that person’s name shall be suspended for such period as the Committee think fit; or

(iv) direct that the name of that person shall be erased from the register.]

(2) If it appears to the Disciplinary Committee that the arrangements made by any person registered in accordance with the provisions of section 2(1)(b) of this Act for carrying on of business under this Act are not such as to secure that the dispensing of hearing aids is carried out by or under the supervision of a person registered in accordance with the provisions of section 2(1)(a) of this Act the Disciplinary Committee may, if they think fit, [F3 impose on that person any one or more of the penalties mentioned in subsection (1) of this section.].

(3) Where—

(a) a director of any body corporate registered under section 2(1)(b) of this Act is convicted of an offence under this Act, or

(b) the Disciplinary Committee are satisfied that a person whose name has been erased from one or both of the registers maintained under section 2 of this Act (and has not yet been restored) [F4 or on whom any other penalty mentioned in subsection (1) of this section has been imposed]is a director of or taking part in the management of or has a controlling interest in such a body corporate,

the Disciplinary Committee may, if they think fit, [F5 impose any one or more of those penalties on the body corporate.].

(4) The Disciplinary Committee may if they think fit direct that the name of any person entered in either of the registers maintained under section 2(1) of this Act be erased from that register if they are satisfied that he is carrying on business as a dispenser of hearing aids or employing such a dispenser in partnership with a person whose name has been erased from one of those registers (and has not yet been restored).

[F6 (5) While the registration of a person’s name is suspended this Act shall have effect as if the name had been erased from the register.

(6) The Secretary of State may by order made by statutory instrument increase or further increase the sum mentioned in subsection (1)(ii) of this section but any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Failure to pay within a reasonable time a penalty imposed by virtue of paragraph (ii) of subsection (1) of this section shall be a ground for giving a direction under paragraph (iii) or (iv) of that subsection.]

Textual Amendments

F1 Words inserted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 2(1)

F2 Words substituted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 3(2)

F3 Words substituted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 3(3)

F4 Words inserted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 3(4)(a)

F5 Words substituted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 3(4)(b)

F6 S. 7(5)–(7) inserted by Hearing Aid Council (Amendment) Act 1989 (c. 12, SIF 83:1), s. 3(5)