The General Optical Council (Fitness to Practise Rules) Order of Council 2005

PART 9 REVIEWS

Referral of a review

59.  Where the Fitness to Practise Committee have previously made an interim order, conditional order or suspension order in respect of a registrant, the registrar—

(a) shall refer the case to the Committee for the purposes of sections 13F(10) or 13L(3)(a) or (9); or

(b) may refer the case to the Committee where new evidence is received by the Council which, in the registrar’s opinion, suggests that an order imposed on the registrant’s registration ought to be reviewed.

Notice of review

60.  The registrar shall serve on the registrant notification of the date of the proposed review of an interim order, a conditional order or a suspension order together with—

(a) a copy of any statement, report or other document which:

(i) the registrant has not previously been sent; and

(ii) is relevant to the review; and

(b) the information set out at rule 26(2)(a) to (c).

Date of review

61.  Unless the Fitness to Practise Committee are of the view that the public interest requires an earlier hearing or with the agreement of the registrant, a hearing to review an interim order, a conditional order or a suspension order shall not be held earlier than 28 days after the date upon which the notification was served on the registrant by virtue of rule 60.

Conduct of review hearing.

62.—(1) The review of an interim order, a conditional order or a suspension order shall be conducted in accordance with the provisions of rules 8 to 12, 20 to 24, 32 and 33, 35 to 43, 45 to 49 and 54(2) to 58, except that references to allegations shall be read—

(a) as references to the basis of the matter to be determined by the Fitness to Practise Committee; and

(b) as including references to the registrant’s compliance with the order in question since its imposition.

(2) The review hearing shall, for the purposes of this rule, be treated as a substantive hearing.