General Optical Council (Disciplinary Committee) (Procedure) Order of Council, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1933 |
| Year | 1961 |
1961 No. 1933
OPTICIANS
The General Optical Council (Disciplinary Committee) (Procedure) Order of Council, 196111thOctober 1961
At the Council Chamber, Whitehall, the 11th day of October, 1961
By the Lords of Her Majesty's Most Honourable Privy Council
Whereas in pursuance of subsection (2) of section fifteen of the Opticians Act, 1958(a), the General Optical Council have made rules entitled "The General Optical Council Disciplinary Committee (Procedure) Rules, 1961":
And whereas by subsection (4) of the said section such rules shall not come into force until approved by Order of the Privy Council:
Now, therefore, Their Lordships, having taken the said rules into consideration, are hereby pleased to approve the same as set out in the Schedule to this Order.
This Order may be cited as the General Optical Council (Disciplinary Committee) (Procedure) Order of Council, 1961.
W. G. Agnew.
SCHEDULE
THE GENERAL OPTICAL COUNCIL DISCIPLINARY COMMITTEE (PROCEDURE) RULES, 1961
PART I
PRELIMINARY
Citation and Interpretation
1.—(1) These rules may be cited as the General Optical Council Disciplinary Committee (Procedure) Rules, 1961.
(2) In these rules, unless the context otherwise requires:
"the Act" means the Opticians Act, 1958;
"case relating to conduct" means a disciplinary case where it is alleged that the respondent has been guilty of infamous conduct in any professional respect or that he has been guilty of any matter to which any of the provisions of subsections (3) and (4) of section 11 of the Act apply;
"case relating to conviction" means a disciplinary case where it is alleged that a respondent has been convicted by any court in the United Kingdom of any criminal offence to which paragraph (a) of sub-section (1) of section 11 of the Act applies or of an offence under the Act or of any other matter to which paragraph (a) of subsection (2) of that section applies;
"the Chairman" means the Chairman or the Acting Chairman of the Committee;
(a) 6 & 7 Eliz. 2. c. 32.
"the Committee" means the Disciplinary Committee set up by the Council in pursuance of subsection (1) of section 10 of the Act;
"the complainant" means a person or body by whom a complaint has been made to the Council in a case to which these rules apply; a complainant shall not be deemed to appear in any proceeding if he takes part therein only as a witness;
"the Council" means the General Optical Council;
"disciplinary case" means a disciplinary case as defined in subsection (1) of section 9 of the Act which the Investigating Committee decide ought to be referred to the Disciplinary Committee pursuant to subsection (2) of that section;
"enrolment case" means a disciplinary case where it is alleged that any of the conditions for enrolment of a body corporate to which paragraph (b) of subsection (2) of section 11 of the Act applies is no longer satisfied;
"inquiry" means the proceedings at which the Committee consider and determine any disciplinary case or other case to which these rules apply;
"the Investigating Committee" means the Committee set up by the Council in pursuance of subsection (1) of section 9 of the Act for the preliminary consideration of disciplinary cases;
"the Legal Assessor" means an assessor appointed by the Council or the Committee for the purposes of section 16 of the Act;
"register" and "list" have the meanings given them by subsection (1) of section 30 of the Act.
"the Registrar" means the Registrar of the Council;
"the Solicitor" means a solicitor nominated by the Council to act as their solicitor for the purposes of these rules;
"the respondent" means any person or body corporate whose name has been entered in a register or list under the provisions of the Act and in respect of whom a case to which these rules apply has been referred to the Committee for inquiry;
(3) The Interpretation Act, 1889(a), shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
PART II
DISCIPLINARY CASES
Application of Part II
2. The provisions contained in this Part of these rules shall apply to all disciplinary cases.
Notice of Inquiry
3.—(1) The Solicitor shall, as soon as may be after the case has been referred to the Committee, serve upon the respondent a notice of inquiry as nearly as may be in the form set out in the Appendix to these rules specifying the matters alleged against the respondent in the form of a charge or charges, and stating the day, time and place at which the Committee will hold an inquiry into these matters, together with a copy of these rules, by post in a registered letter addressed to the respondent in accordance with the provisions of subsection (8) of section 11 of the Act as though it were a notification to which that sub-section applies.
(2) If there is a complainant, the Solicitor shall send him a copy of the notice of inquiry and a copy of these rules.
(3) The Committee shall not hold an inquiry unless a notice of inquiry has been served upon the respondent in accordance with the foregoing provisions of this rule.
(4) Except with the agreement of the respondent, the inquiry shall not be held on any day earlier than twenty-eight days after the date of posting the notice of inquiry.
(a) 52 & 53 Vict. c. 63.
Postponement or Cancellation of Inquiry
4.—(1) The Chairman, of his own motion or upon the application of any party thereto, may postpone the hearing of an inquiry, or may refer the matter to the Investigating Committee for further consideration as to whether an inquiry should be held.
(2) Where before the inquiry opens it appears to the Chairman, or at any stage of the proceedings it appears to the Committee, that a notice of inquiry is defective, he or they shall cause the notice to be amended, unless it appears to him or them that the required amendment cannot be made without injustice, or, if he or they consider that the circumstances in which an amendment is made require it, may direct that the amended notice shall be served on the respondent, and that the inquiry shall be postponed.
(3) The Solicitor, shall, as soon as may be, give to all parties to whom a notice of inquiry has been sent notification of any decision to postpone or not to hold an inquiry, informing them of the date fixed for the hearing of a postponed inquiry.
Access to Documents
5. Upon application by any party to the inquiry the Solicitor shall send to that party a copy of any statutory declaration, complaint, answer, admission, explanation or other similar document sent to the Council by any party to the inquiry.
The Reading of the Charge
6.—(1) The charge shall be read in the presence of the respondent, and of the complainant if one appears: Provided that if the respondent does not appear but the Committee nevertheless decide that the inquiry shall proceed the charge shall be read in his absence.
(2) As soon as the charge has been read the respondent may, if he so desires, object to the charge, or to any part of it, in point of law, and any other party may reply to any such objection; and, if any such objection is upheld, no further proceedings shall be taken on that charge or on that part of the charge to which the objection relates.
Proof of the facts alleged in cases relating to conviction
7.—(1) In cases relating to conviction, the following order of proceedings shall be observed concerning proof of facts alleged in the charge or charges:—
(a) If the respondent appears, the Chairman shall ask him as to every conviction alleged in the charge or charges, whether he admits it.
(b) The complainant, or if no complainant appears the Solicitor
(i) if the respondent has not appeared, or has not admitted every conviction alleged, shall adduce evidence of any conviction not admitted, and
(ii) shall, in the case of a criminal offence by a registered optician, whether the conviction alleged is admitted or not, address the Committee, and may adduce evidence, with regard to the nature and circumstances of the offence, to show that if the convictions alleged are proved or admitted the respondent is unfit by reason thereof to have his name on the register.
(c) If no evidence is adduced concerning any particular conviction which has not been admitted by the respondent, the Chairman shall thereupon announce that the charge in relation to that conviction has not been proved.
(2) (a) If, where the respondent appears, he does not admit every conviction alleged, he may then adduce evidence concerning any conviction which he has not admitted, on the question whether he was convicted as alleged, and may address the Committee on that question.
(b) In the...
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