Textual Amendments
F1Pt. 2A inserted (coming into force in accordance with art. 1(3)-(6) of the amending S.I.) by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 16 (with Sch. 2)
(1)The Council may make rules providing for—
(a)the registrar; or
(b)any other officer of the Council,
to exercise the functions of the Investigation Committee under section 13D above, either generally or in relation to such classes of case as may be specified in the rules.
(2)If those rules enable the registrar to exercise the functions of the Investigation Committee under subsections (6), (8) or (9) of section 13D above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted.
(3)Section 13D above also applies in any case where—
(a)it comes to the attention of the Council that—
(i)a registered optometrist’s or registered dispensing optician’s fitness to practise;
(ii)a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or both; or
(iii)a student registrant’s fitness to undertake training,
is, or may be, impaired by one or more of the matters mentioned in section 13D(2) above or, as the case may be, section 13D(3) above, but
(b)no allegation to that effect has been made to the Council against that registrant,
and in such cases this Act and rules made under this Act shall apply as if an allegation to that effect has been made to the Council under section 13D above against the registered optometrist, registered dispensing optician, student registrant or, as the case may be, business registrant, and any reference to the person making an allegation shall be disregarded.]