The General Optical Council (Registration Appeals Rules) Order of Council 2005

Interpretation

2.—(1) In these Rules—

“appellant” means–

(a)

a person making an appeal under paragraph 4(1) of Schedule 1A (appeals from an appealable registration decision)(1); and

(b)

in relation to a hearing, includes any representative of that person who attends a hearing in accordance with the provisions of rule 14(2);

“applicant” means—

(a)

a person applying for restoration of registration under section 13K(1) (which provides for restoration to a register following an erasure of registration or removal of an entry relating to a specialty on a direction by the Fitness to Practise Committee)(2); and

(b)

in relation to a hearing, includes any representative of that person who attends a hearing in accordance with the provisions of rule 14(2);

“clinical adviser” means a clinical adviser appointed under section 23E(1)(a) (other advisers);

“the Council” means the General Optical Council;

“Fitness to Practise Committee” means the Committee referred to in section 5C(1) (the Fitness to Practise Committee)(3);

“hearing” means a hearing of the Registration Appeals Committee to determine–

(a)

an appeal made under paragraph 4(1) of Schedule 1A; or

(b)

whether to give a direction under section 13K(6) for the registrar to restore to the register a registrant’s name or a registrant’s entry relating to a specialty;

“legal adviser” means a legal adviser appointed under section 23D(1) (legal advisers);

“practice address” means—

(a)

in relation to an individual, the address of a practice or place of business from which he practises the profession of an optometrist or a dispensing optician, other than an address at which he practises that profession–

(i)

only in an emergency,

(ii)

in the place of an individual registrant who is ill or on holiday,

(iii)

as a fee-earning visiting practitioner, or

(iv)

on less than twelve days in any year;

(b)

in relation to a body corporate, the address of any practice or place of business from which it carries on the business of an optometrist or a dispensing optician, or both;

“registrant”, in relation to a hearing—

(a)

includes any representative of the registrant attending the hearing in accordance with the provisions of rule 14(2) or (3); and

(b)

means, for the purposes of the service of any notification or other notice under these Rules or the provision of information, a person whom the registrar has been informed is instructed to represent him;

“registrar” except in rule 7(2)(d)(ii) means the registrar of the Council referred to in section 1(3) (constitution and functions of the Council);

“Registration Appeals Committee” means the Committee referred to in section 5A(1) (the Registration Appeals Committee)(4);

“regulatory body” means a regulatory body which has the function of authorising persons to practise as members of a health or social care profession;

“respondent”–

(a)

in relation to an appeal made under paragraph 4(1) of Schedule 1A, means the registrar or the Council (as the case may be);

(b)

in relation to an application under section 13K(1) for restoration of registration or restoration of a registrant’s entry relating to a specialty, means the Council;

“specialist adviser” means a specialist adviser appointed under section 23E(1)(b); and

“specialty” means a specialty or level of proficiency particulars of which may, by virtue of rule 10 of the General Optical Council (Registration) Rules 2005(5), be entered in a register against a registrant’s name.

(2) In these Rules any reference to a numbered section, or to a numbered Schedule, is a reference to the section of, or Schedule to, the Opticians Act 1989 which bears that number.

(1)

Schedule 1A was inserted by S.I. 2005/848.

(2)

Section 13K was inserted by S.I. 2005/848.

(3)

Section 5C was inserted by S.I. 2005/848.

(4)

Section 5A was inserted by S.I. 2005/848.

(5)

The Rules are scheduled to S.I. 2005/ 1478