The General Optical Council (Fitness to Practise) Rules Order of Council 2013

Order of proceedings at substantive hearings of the Fitness to Practise Committee

46.—(1) Unless the Fitness to Practise Committee determines otherwise, the procedure at a substantive hearing is to be as provided for in this rule.

(2) The Chair of the Fitness to Practise Committee (“the Chair”) is to—

(a) require the registrant’s name and registration number to be confirmed by the registrant, where the registrant is present; or

(b) require the Presenting Officer to confirm the registrant’s name and registration number, where paragraph (a) does not apply.

(3) The Fitness to Practise Committee is to hear and consider any preliminary legal arguments.

(4) The allegation against the registrant is to be read by the Hearings Manager.

(5) The Chair is to inquire whether the registrant wishes to make any admissions.

(6) Where facts have been admitted, the Chair must announce that such facts have been found proved.

(7) Where facts remain in dispute, the Presenting Officer is to open the case for the Council and may adduce evidence and call witnesses in support of it.

(8) Before opening the registrant’s case, the registrant may make submissions as to—

(a) whether sufficient evidence has been adduced upon which the disputed facts could be found proved;

(b) whether the facts, whether they are disputed or proved, could support a finding of impairment.

(9) The Fitness to Practise Committee must consider and announce its decision as to whether any submissions under paragraph (8) should be upheld.

(10) Unless any submission under paragraph (8) is upheld and the hearing is consequently concluded, the registrant’s case is to be opened, and the registrant may adduce evidence and call witnesses in support of it.

(11) The Fitness to Practise Committee must then consider and announce its findings of fact and give reasons for that decision.

(12) Following the announcement referred to in paragraph (11), the Fitness to Practise Committee may receive further evidence and hear any further submissions from the parties as to whether, on the basis of any facts found proved, the grounds of impairment alleged under section 13D are established.

(13) Where on the basis of the facts found proved by it, and having considered any further evidence or submissions referred to in paragraph (12), the Fitness to Practise Committee is minded to conclude that the alleged grounds of impairment under section 13D are established, it must announce that fact and reasons for it.

(14) Following the announcement referred to in paragraph (13) the Fitness to Practise Committee may receive further evidence and hear any further submissions from the parties (not being evidence or submissions referred to in paragraph (12)) as to whether the registrant’s fitness to practise is impaired.

(15) The Fitness to Practise Committee must, having considered any further evidence submitted and any further submissions made under paragraph (14), announce its decision together with the reasons for it, on the question of whether the fitness to practise of the registrant is impaired.

(16) Following the announcement of that decision the Fitness to Practise Committee may receive further evidence and hear any further submissions from the parties as to—

(a) the appropriate sanction, if any, to be imposed; or

(b) where the registrant’s fitness to practise is not found to be impaired, the question of whether a warning should be imposed.

(17) The Fitness to Practise Committee must, having considered any further evidence and any further submissions made under paragraph (16), announce its decision as to the sanction or warning (if any) to be imposed, giving reasons for its decision.

(18) Where the Fitness to Practise Committee is minded to impose an order for immediate suspension or immediate conditions on the registrant’s registration under section 13l, it must invite representations from the parties before making and announcing its decision as to whether to impose such an order, together with its reasons for that decision.

(19) The Fitness to Practise Committee must revoke any interim order which remains in place in respect of the registrant in accordance with section 13L(11) and (12) (revocation of the order with immediate effect after determining the matter in accordance with section 13F).

(20) Where it appears to the Fitness to Practise Committee at any time during the hearing, either upon the application of a party or of its own volition, that—

(a) the particulars of the allegation or the grounds upon which it is based and which have been notified under rule 28, should be amended; and

(b) the amendment can be made without injustice,

it may, after hearing the parties and consulting with the legal adviser, amend those particulars or those grounds in appropriate terms.

(21) In determining whether a registrant’s fitness to practise is impaired, the Fitness to Practise Committee may take into account the registrant’s failure to submit to, or to comply with, an assessment under rule 6 or rule 7 where—

(a) there is credible evidence before it that the registrant’s fitness to practise is so impaired;

(b) a reasonable request has been made to the registrant by the Investigation Committee or the Fitness to Practise Committee that the registrant submit to or comply with the assessment; and

(c) no reasonable excuse for such a failure has been provided by the registrant.

(22) When determining whether a registrant’s fitness to practise is impaired by reason of adverse physical or mental health, the Fitness to Practise Committee may take into account—

(a) the registrant’s current physical or mental condition;

(b) any continuing or episodic condition suffered by the registrant; and

(c) a condition suffered by the registrant which, although currently in remission, may reasonably be expected to cause a recurrence of impairment of the registrant’s fitness to practise.

(23) At any stage before making its decision as to the imposition of a sanction or warning, the Fitness to Practise Committee may adjourn for further information or reports to be obtained in order to assist it in exercising its functions.