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

PART 2 INVESTIGATION

Delegation of functions of the Investigation Committee

3.  Where an allegation has been made against a registrant—

(a) an officer of the Council may, until such time as the allegation is considered by the case examiners or the Investigation Committee under rules 12 or 13, exercise the function of investigating allegations which is conferred on the Investigation Committee by section 13D(5) (investigation of allegation of impairment of fitness to practise): this does not apply where paragraph (b) does;

(b) the registrar and case examiners must, subject to the provisions of this Part and Part 4, exercise the functions conferred on the Investigation Committee by section 13D(5) to (9).

Initial consideration and referral of allegations

4.—(1) Pursuant to a delegation under rule 3(b), an allegation must initially be considered by the registrar.

(2) The registrar must consider whether or not to refer the matter to the Fitness to Practise Committee for consideration as to whether an order for interim suspension or interim conditional registration should be made.

(3) Where the registrar considers that the allegation does not fall within any of the grounds described in section 13D the registrar must notify the maker of the allegation accordingly.

(4) Where the registrar considers that the allegation falls within one or more grounds described in section 13D, the registrar must refer the allegation to the case examiners for consideration under rule 12.

This is subject to paragraph (5).

(5) The registrar must refer an allegation falling within section 13D(2)(c) relating to a conviction which has resulted in the imposition of a custodial sentence, whether immediate or suspended, to the Fitness to Practise Committee.

Notification and evidence gathering

5.—(1) Paragraphs (2) to (5) apply where an allegation is to be considered by the case examiners under rule 12 but has not yet been so considered.

(2) The registrar must write to the registrant—

(a) informing the registrant of the allegation that the registrant’s fitness to practise may be impaired;

(b) providing the registrant with copies of any information or documents received by the Council in support of the allegation and which the registrar intends to place before the case examiners;

(c) inviting the registrant to respond to the allegation with written representations and copies of any information or documents which the registrant wishes to be considered by the case examiners within the period of 28 days from the date of the registrar’s letter; and

(d) informing the registrant that such representations will be disclosed, where the registrar considers it appropriate, to the maker of the allegation for comment.

(3) Unless the registrar considers it inappropriate, the registrar must disclose to the maker of the allegation such representations as are received from the registrant, inviting written comments within a specified period.

(4) The registrar must send to the registrant a copy of any written comments received from the maker of the allegation following disclosure under paragraph (2): but unless the registrar so decides in the particular circumstances of the case, any further comments submitted by the registrant shall not be placed before the case examiners or the Investigation Committee when they consider the allegation.

(5) The registrar must carry out such investigations as in the registrar’s opinion are appropriate to consideration of the allegation under rule 12.

(6) Where rule 13(1) applies, the registrar must carry out such investigations as in the registrar’s opinion are appropriate to consideration of the allegation by the Investigation Committee in accordance with section 13D(5) to (9).