SCHEDULE
THE GENERAL OPTICAL COUNCIL (COMMITTEE CONSTITUTION) RULES 2005
The General Optical Council, in exercise of their powers under sections 2(2), 3(2), 4(3), 5(2), 5A(3), 5B(2), 5C(3) and 5D(5) of, and paragraph 12A of Schedule 1 to, the Opticians Act 19895and of all other powers enabling them in that behalf, after consultation with such organisations representing the interests of substantial numbers of business registrants as they consider appropriate6, hereby makes the following Rules:
PART 1
CITATION, COMMENCEMENT AND INTERPRETATION
1. Citation and commencement
These Rules may be cited as the General Optical Council (Committee Constitution) Rules 2005 and shall come into force on 30th June 2005.
2. Interpretation
(1) In these Rules—
“appropriate person” means a natural person of good character who is a fit and proper person to act as a member of the Hearings Panel;
“Companies Committee” means the committee referred to in section 3(1) (the Companies Committee);
“the Council” means the General Optical Council;
“Education Committee” means the committee referred to in section 2(1) (the Education Committee)7;
“Fitness to Practise Committee” means the committee referred to in section 5C(1) (the Fitness to Practise Committee)8;
“Hearings Panel” means the panel of persons appointed by the Council under section 5D (the Hearings Panel)9;
“Investigation Committee” means the committee referred to in section 4(1) (the Investigation Committee)10;
“lay person” means a natural person who is neither a registrant nor an employee of a registrant;
“Registration Appeals Committee” means the committee referred to in section 5A(1) (the Registration Appeals Committee)11;
“Registration Committee” means the committee referred to in section 5(1) (the Registration Committee)12; and
“Standards Committee” means the committee referred to in section 5B(1) (the Standards Committee)13.
(2) In these Rules—
(a)
(a) any reference to a numbered section is a reference to the section of the Opticians Act 1989 which bears that number; and
(b)
(b) any reference to the Schedule is a reference to Schedule 1 to that Act (constitution etc of the Council).
PART 2
COMMITTEES CONSTITUTION
The Education Committee
3.—(1) The Education Committee shall consist of fourteen members who are appointed by the Council under paragraph (2).
(2) The members of the Committee shall be selected from amongst the members of the Council and appointed so that—
(a)
(a) three are persons nominated under paragraph 1(a) of the Schedule14;
(b)
(b) five are persons chosen under paragraph 1(b) of the Schedule or nominated pursuant to paragraph 4(a) or (c) of the Schedule15;
(c)
(c) four are persons chosen under paragraph 1(c) of the Schedule or nominated pursuant to paragraph 4(d) of the Schedule16; and
(d)
(d) two are registered medical practitioners referred to in paragraph 1(e) of the Schedule17.
(3) One of the members selected under paragraph (2)(a) shall be the person nominated in accordance with paragraph 2(2) of the Schedule as being specially qualified to advise the Council on educational problems generally.
4. The quorum of the Education Committee shall be five and shall include at least one member of the Committee appointed under rule 3(2)(a), one member of the Committee appointed under rule 3(2)(b) and one member of the Committee appointed under rule 3(2)(c).
Companies Committee
5. The Companies Committee shall consist of eleven members who are appointed by the Council under rules 6 and 7.
6. Four members of the Companies Committee shall be selected from amongst the members of the Council and appointed so that—
(a) one is a person nominated under paragraph 1(a) of the Schedule;
(b) one is a person chosen under paragraph 1(b) of the Schedule;
(c) one is a person chosen under paragraph 1(c) of the Schedule; and
(d) one is a registered medical practitioner referred to in paragraph 1(e) of the Schedule.
7. Seven members of the Companies Committee shall be selected from amongst persons who are not members of the Council and appointed only if they appear to the Council to represent the interests of business registrants.
8. The quorum of the Companies Committee shall be four and shall include at least two members of the Committee appointed under rule 6 and two members of the Committee appointed under rule 7.
The Investigation Committee
9.—(1) The Investigation Committee shall consist of nine members who are appointed by the Council under paragraph (2).
(2) The members of the Committee shall be selected from amongst the members of the Council and appointed so that—
(a)
(a) three are persons nominated under paragraph 1(a) of the Schedule, provided that the Chairman of the Council shall not be appointed a member of the Committee;
(b)
(b) three are persons chosen under paragraph 1(b) of the Schedule or nominated pursuant to paragraph 4(a) or (c) of the Schedule;
(c)
(c) two are persons chosen under paragraph 1(c) of the Schedule or nominated pursuant to paragraph 4(d) of the Schedule; and
(d)
(d) one is a registered medical practitioner referred to in paragraph 1(e) of the Schedule.
10. The quorum of the Investigation Committee shall be five and shall include at least one member of the Committee appointed under rule 9(2)(a), one member of the Committee appointed under rule 9(2)(b) and one member of the Committee appointed under rule 9(2)(c).
The Registration Committee
11.—(1) The Registration Committee shall consist of nine members who are appointed under paragraph (2).
(2) The members of the Committee shall be selected from amongst the members of the Council and appointed so that—
(a)
(a) three are persons nominated under paragraph 1(a) of the Schedule;
(b)
(b) three are persons chosen under paragraph 1(b) of the Schedule or nominated pursuant to paragraph 4(a) or (c) of the Schedule;
(c)
(c) two are persons chosen under paragraph 1(c) of the Schedule or nominated pursuant to paragraph 4(d) of the Schedule; and
(d)
(d) one is a registered medical practitioner referred to in paragraph 1(e) of the Schedule.
12. The quorum of the Registration Committee shall be five and shall include at least one member of the Committee appointed under rule 11(2)(a), one member of the Committee appointed under rule 11(2)(b) and one member of the Committee appointed under rule 11(2)(c).
Registration Appeals Committee
13. The Registration Appeals Committee shall consist of the members of the Hearings Panel.
14. When considering any matter relating to an optometrist or a student undertaking training as an optometrist, the Registration Appeals Committee shall consist of—
(a) two registered optometrists; and
(b) three lay persons,
who are each to be selected in accordance with rule 29.
15. When considering any matter relating to a dispensing optician or student undertaking training as a dispensing optician, the Registration Appeals Committee shall consist of—
(a) two registered dispensing opticians; and
(b) three lay persons,
who are each to be selected in accordance with rule 29.
16. When considering any matter relating to a body corporate, the Registration Appeals Committee shall consist of—
(a) a registered optometrist;
(b) a registered dispensing optician; and
(c) three lay persons,
who are each to be selected in accordance with rule 29.
17. The quorum of the Registration Appeals Committee shall be—
(a) one registered optometrist or registered dispensing optician; and
(b) two lay persons.
18. The Chairman of the Registration Appeals Committee at any of its proceedings shall be a lay person elected at the commencement of the proceedings from amongst those members present.
