Opticians Act 1989

[F1 23G. Appeals from the Registration Appeals Committee and the Fitness to Practise Committee U.K.

(1) The following decisions are appealable decisions for the purposes of this section—

(a) a decision of the Fitness to Practise Committee—

(i) under section 13F above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;

(ii) under section 13F above in respect of an entry relating to a specialty or proficiency, giving a direction for removal (whether or not temporarily) or conditional inclusion or varying the conditions imposed by a direction for conditional inclusion; or

(iii) under section 13H(1) above imposing a financial penalty order;

(b) a decision of the Fitness to Practise Committee under section 13J above giving a direction that a person’s name or an entry relating to a specialty or proficiency be removed from the appropriate register;

(c) a determination of the Registration Appeals Committee under paragraph 4 of Schedule 1A to this Act other than a determination to allow the appeal and quash the decision appealed against; [F2 and] F3 ...

(d) a determination of the Registration Appeals Committee under section 13K(8) above directing that the right to make further applications under that section shall be suspended indefinitely; F4 ...

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1)(a) above—

(a) references to a direction for suspension include a reference to a direction extending a period of suspension and a direction for indefinite suspension;

(b) references to a direction for removal of an entry relating to a specialty or proficiency include a reference to a direction extending a period of temporary removal and a direction for indefinite removal of an entry which was removed only temporarily; and

(c) references to a direction for conditional registration or, in the case of an entry relating to a specialty or proficiency, conditional inclusion, include a reference to a direction extending a period of conditional registration or, in the case of an entry relating to a specialty or proficiency, conditional inclusion.

(3) A person in respect of whom an appealable decision falling within subsection (1) above has been taken may, within the period of 28 days beginning with the day on which the decision was served on him, appeal against the decision to the relevant court.

(4) In this section and section 23H below, “the relevant court” means—

(a) in any case falling within subsection (1)(a) above—

(i) where the address of the person named in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;

(ii) where the address of the person named 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

(iii) otherwise, means the High Court of Justice in England and Wales;

(b) in any case falling within subsection (1)(b) [F5 to [F6 (d)]] above where the address of the person named in the appropriate register is, or if he were registered would be, in Scotland, the sheriff in whose sheriffdom that address is situated; or

(c) in any other case falling within subsection (1)(b) [F7 to [F8 (d)]] above, the county court.

(5) The Council may appear as respondent on any such appeal, and for the purposes of any order as to costs (or in Scotland, expenses) in relation to any such appeal the Council shall be deemed to be a party to the appeal, whether they appear on the hearing of the appeal or not.

(6) On an appeal under this section from a decision of the Fitness to Practise Committee, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the direction or variation or order appealed against;

(c) substitute for the direction or variation or order appealed against any other direction or variation or order which could have been given or made by the Fitness to Practise Committee; or

(d) remit the case to the registrar for him to refer it to the Fitness to Practise Committee to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.

(7) On an appeal under this section from a decision of the Registration Appeals Committee, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the determination appealed against;

(c) substitute for the determination appealed against any other determination which could have been given or made by the Registration Appeals Committee; or

(d) remit the case to the registrar for him to refer it to the Registration Appeals Committee to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses) as the court (or sheriff) thinks fit.

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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 Word in s. 23G(1)(c) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 9(a)(i) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in s. 23G(1)(c) omitted (18.11.2016) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 89(2) (with reg. 155)

F4 S. 23G(1)(e) and word omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 9(a)(ii) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 23G(4)(b) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 89(5) (with reg. 155)

F6 Word in s. 23G(4)(b) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 9(b) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in s. 23G(4)(c) substituted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030), regs. 1, 89(6) (with reg. 155)

F8 Word in s. 23G(4)(c) substituted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 9(b) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)

F9 S. 23G(8) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 5 para. 9(c) (with reg. 12A, Sch. 5 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 13); 2020 c. 1, Sch. 5 para. 1(1)