General Optical Council (Disciplinary Committee) (Procedure) Rules Order of Council 1985

JurisdictionUK Non-devolved
CitationSI 1985/1580

1985 No. 1580

OPTICIANS

The General Optical Council (Disciplinary Committee) (Procedure) Rules Order of Council 1985

16thOctober 1985

At the Council Chamber, Whitehall, the 16th day of October 1985.

By the Lords of Her Majesty's Most Honourable Privy Council

Whereas in pursuance of section 15(2) of the Opticians Act 1958(a) the General Optical Council have made rules to be observed in proceedings before its Disciplinary Committee:

And whereas by section 15(4) of the said Act 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, do hereby 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) Rules Order of Council 1985.

G. I. de Deney, Clerk of the Privy Council.

SCHEDULE

THE GENERAL OPTICAL COUNCIL DISCIPLINARY COMMITTEE (PROCEDURE) RULES 1985

The General Optical Council, having complied with the provisions of section 15(3) of the Opticians Act 1958, in exercise of their powers under section 15(2) of the Act hereby make the following rules:—

PART I

CITATION AND INTERPRETATION

1.—(1) These rules may be cited as the General Optical Council Disciplinary Committee (Procedure) Rules 1985.

(a) 1958 c. 32.

(2) In these rules, unless the context otherwise requires:

"the Act" means the Opticians Act 1958(a);

"the Chairman" means the Chairman or the Acting Chairman of the Committee;

"charge" includes an allegation that an entry in the register or list has been fraudulently or incorrectly made;

"the Committee" means the Disciplinary Committee set up by the Council in pursuance of section 10(1) of the Act;

"the complainant" means any person by whom a complaint has been made to the Council;

"conviction" means a conviction by any Court in the United Kingdom of any criminal offence;

"the Council" means the General Optical Council;

"disciplinary case" means a disciplinary case as defined in section 9(1) of the Act referred by the Investigating Committee to the Committee pursuant to section 9(2) of the Act;

"inquiry" means the proceedings at which the Committee consider and determine any case to which these rules apply;

"the Investigating Committee" means the Committee set up by the Council in pursuance of section 9(1) 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;

"party" means the Solicitor or the respondent;

"the Registrar" means the registrar of the Council;

"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 disciplinary case has been referred to the Committee for inquiry;

"the Solicitor" means a solicitor nominated by the Council to act as their solicitor for the purposes of these rules, and in relation to an inquiry includes counsel instructed by the solicitor to act on his behalf.

PART II

PRELIMINARY PROCEEDINGS

Notice of Inquiry

2.—(1) The Solicitor shall, as soon as may be after a disciplinary 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 stating the charge or charges and specifying—

(i) in a case under section 11 of the Act, the alleged convictions or other facts relied on in relation to each charge and the provision of section 11 of the Act under which any charge is brought; or

(ii) in a case under section 13 of the Act, the nature of the fraud or mistake alleged;

(a) As amended by the Health and Social Security Act 1984 (c. 48).

and stating also the day, time and place at which the Committee will hold an inquiry into these matters, and enclosing a copy of these rules. A copy of the notice shall be sent to the complainant.

(2) The said notice and copy of the rules shall be sent by post in a registered letter or by the recorded delivery service addressed to the respondent in accordance with the provisions of section 13A of the Act as though it were a notification to which that section applies.

(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 within twenty-eight days after the date of posting the notice of inquiry.

Postponement or Cancellation of Inquiry

3.—(1) The Chairman, upon the application of a party to the inquiry, may postpone the inquiry.

(2) The Chairman may refer a disciplinary case back to the Investigating Committee for further consideration either upon the application of a party to the inquiry or upon the emergence of fresh evidence justifying such a reference.

(3) 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, he or they may direct that the amended notice shall be served on the respondent and that the inquiry shall be postponed.

(4) The Solicitor shall, as soon as may...

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