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

PART 8 ORDERS OF THE FITNESS TO PRACTISE COMMITTEE

Declarations where allegation not proven

51.  Where, in the case of an individual registrant, it has been alleged that his fitness to practise was impaired but the Fitness to Practise Committee decide that he is fit to practise—

(a) the Committee shall, if requested by the registrant, make a declaration to that effect, giving their reasons; or

(b) the Committee may, if no such request is made but the registrant nonetheless consents, make such a declaration.

52.  Where, in the case of a business registrant, it has been alleged that the registrant was not fit to carry on the business of an optometrist or a dispensing optician or both but the Fitness to Practise Committee decide that the registrant is fit to carry on that business—

(a) the Committee shall, if requested by the registrant, make a declaration to that effect, giving their reasons;

(b) the Committee may, if no such request is made but the registrant nonetheless consents, make such a declaration.

Submissions etc. as to orders

53.  Where the determination of the Fitness to Practise Committee under rule 50 is that an allegation is proven, the Committee may receive further evidence and hear any further submissions from the Presenting Officer and the registrant as to the appropriate order, if any, to be made.

Orders of the Fitness to Practise Committee

54.—(1) The Fitness to Practise Committee shall then deliberate and decide whether to make any direction or order under sections 13F to 13I (which set out the powers of the Fitness to Practise Committee)(1).

(2) The Fitness to Practise Committee shall announce their decisions as to any directions or orders to be made.

Written decision

55.  The Fitness to Practise Committee shall give the parties a written record of their decisions under these Rules, together with reasons for any decision made.

Costs and expenses

56.  The Fitness to Practise Committee may, as they think fit, summarily assess the costs of any party to the proceedings and order any party to pay all or part of the costs or expenses of any other party.

57.  Where the Fitness to Practise Committee are considering an order under rule 56 and are considering making an award against an individual registrant, they shall take into account his ability to pay.

Period of payment

58.  Where the Fitness to Practise Committee have made an order under rule 56, they may specify the period within which the costs or expenses are to be paid.

(1)

Sections 13F to 13I were inserted by S.I. 2005/848.