Opticians Act 1989

[F1 23C. Powers of the Council to make rules U.K.

(1) The Council shall make rules as to—

(a) the procedure to be followed and the rules of evidence to be observed by—

(i) the Fitness to Practise Committee; and

(ii) the Registration Appeals Committee; and

(b) the procedure to be followed by the Investigation Committee.

(2) The rules under subsection (1)(a) above shall in particular include provision—

(a) for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the registrant or person seeking restoration to whom, or as the case may be to which, the proceedings relate;

(b) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Committee;

(c) for enabling any party to the proceedings to be represented at the hearing by—

(i) a person with a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);

(ii) an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;

(iii) a member of the Bar of Northern Ireland or [F2 solicitor of the Court of Judicature of Northern Ireland] ; or

(iv) a person of such other description as may be specified in rules if the rules so allow and the person appearing so elects;

(d) for proceedings before the Committee to be held in public, except and to the extent that rules provide otherwise;

(e) (except in relation to proceedings before the Registration Appeals Committee), if in the case of a registered optometrist, a registered dispensing optician or a student registrant it is alleged that his fitness to practise or, as the case may be, fitness to undertake training is impaired, but the Committee judge that he is fit to practise or, as the case may be, fit to undertake training—

(i) requiring the Fitness to Practise Committee, if requested to do so by the registrant, to make a declaration to that effect, giving its reasons; or

(ii) enabling the Fitness to Practise Committee, if no such request is made but he nonetheless consents, to make such a declaration;

(f) (except in relation to proceedings before a Registration Appeals Committee), if in a case where the registrant is a body corporate it is alleged that the body is not fit to carry on the business of an optometrist or a dispensing optician or both but the Fitness to Practise Committee judge that the body is fit to carry on that business—

(i) requiring the Fitness to Practise Committee, if requested to do so by the registrant, to make a declaration to that effect, giving its reasons; or

(ii) enabling the Fitness to Practise Committee, if no such request is made but the registrant nonetheless consents, to make such a declaration.

(3) The Council may also make rules—

(a) enabling the Committee to appoint an assessor for the purposes of reporting on the health, or specific aspects of the health, of the registrant or the person seeking restoration to the appropriate register;

(b) enabling the Committee to appoint an assessor to report on the standard and quality of the work done or being done by the registrant or by a person seeking to have his name restored to the appropriate register;

(c) enabling the Committee to draw such inference as seems appropriate to them in the particular case if the registrant or the person seeking restoration to the appropriate register fails—

(i) to submit to any examination required or directed to be carried out in accordance with rules made under this section; or

(ii) to co-operate with the Committee.

(4) The rules under subsection (1)(a) above may also include provision for the award and summary assessment of costs and expenses.

(5) Such rules may require the Committee to have regard to a person’s ability to pay when considering the making of an award against him under the rules.

(6) The rules as to costs or expenses may include provision for authorising the Committee to disallow all or part of the costs or expenses of a representative of a party to proceedings before it by reason of that representative’s conduct of the proceedings.

(7) Any sum required to be paid under an award in respect of costs and expenses shall be recoverable as if it had been adjudged to be paid by order of a relevant court.

(8) In subsection (7) above “relevant court” means—

(a) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;

(b) in the case of a person whose address in the appropriate register is, or if he were registered would be, in Northern Ireland, means the High Court of Justice in Northern Ireland; and

(c) in the case of any other person, means the High Court of Justice in England and Wales.

(9) The rules under subsection (1) above may make provision as to the form which is to be used for any document and for documents and certificates to be sent or received as an electronic communication.

(10) Before making rules under this section, the Council shall consult such organisations representing the interests of registrants as it appears appropriate to the Council to consult.]

Textual Amendments

F1 Pt. 3A 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. 17(2) (with Sch. 2)

F2 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)