The General Optical Council (Fitness to Practise Rules) Order of Council 2005

Explanatory Note

(This note is not part of the Order)

The Rules approved by this Order make provision for procedures to be followed in fitness to practise proceedings of the General Optical Council (“the GOC”).

Part 1 provides for the Rules to come into force on 30th June 2005 and sets out the definitions of terms used in the Rules.

Part 2 makes provision for investigations of allegations of impairment of a registrant’s fitness to practise. It allows an officer of the Council, other than the registrar, to exercise the Investigation Committee’s function of investigating allegations and sets out the formal procedures allowing a registrant to respond to an allegation. The Investigation Committee must then consider whether further investigation is required.

Part 3 deals with assessments of an individual registrants. The Investigation Committee or the Fitness to Practise Committee may direct the individual to meet with a person appointed by the Committee to assess matters relating to his health or professional performance. The Committee may draw such inferences as seem appropriate to them where the registrant fails to submit to, or cooperate with, an assessment.

Part 4 makes provision with regard to referral of allegations by the Investigation Committee to the Fitness to Practise Committee. Rule 14 provides for the Investigation Committee to give warnings to registrants. Part 5 sets out the procedure for hearings to consider the making of interim orders.

Parts 6 and 7 set out the rules for the hearings and procedures of the Fitness to Practise Committee. Rule 20 provides for representation of the parties, rule 21 for a hearing to proceed in the absence of a party and rule 22 for where two or more cases may be heard together. Rule 23 provides that hearings are generally to be held in public with certain permitted exceptions. Part 7 provides for both procedural and substantive hearings to be held in each case and contains provision for service of documents and exchange of evidence in advance of the substantive hearing. Rule 39 makes provision with regard to vulnerable witnesses. Rules 41 to 43 provide for certain advisers to be present at hearings and rules 44 to 49 for other procedural matters.

Declarations and orders available to the Committee must be made in accordance with the provisions of Part 8. This includes provision for declarations of a person’s fitness to practise, the making of orders (including as to costs) and written records of decisions which must include reasons.

Part 9 governs the procedure for review by the Committee of any interim order, conditional order or suspension order.

Part 10 makes provision as to voting procedures and requires a verbatim record of each hearing of the Committee.