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

Information required from applicants for restoration of registration as a business registrant

7.—(1) An application under section 13K for restoration of an applicant’s registration as a body corporate carrying on business as an optometrist or a dispensing optician (or both) shall include the following information—

(a) the applicant’s name;

(b) the applicant’s former names, if any;

(c) the applicant’s date of incorporation (if applicable);

(d) if sub-paragraph (c) is not applicable, the date the applicant commenced trading;

(e) the company registration number of the applicant (if applicable);

(f) a registered address for the applicant or, if it does not have one, a contact address, together with an indication of–

(i) whether or not this is a practice address, and

(ii) if it is, the trading name under which the applicant carries on such business at that address;

(g) all practice addresses of the applicant, other than the address provided under sub-paragraph (f), together with an indication of the trading name under which the applicant practises at each address;

(h) a declaration, made on behalf of the applicant, as to whether it or any of its directors–

(i) has a conviction (including a conviction by court martial) or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence,

(ii) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995(1)(fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution)(2),

(iii) in proceedings in Scotland for an offence, has been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely,

(iv) is the subject of a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that–

(aa) the business registrant’s fitness to carry on business as a member of that profession is impaired; or

(bb) the fitness of a director of the body corporate to practise that profession is impaired,

or a determination by a regulatory body outside the United Kingdom to the same effect, or

(v) is currently the subject of any investigation or proceedings which might lead to any of the results set out in paragraphs (i) to (iv);

(i) in any case falling within sub-paragraph (h), details of any investigations (including approximate dates), the place where any relevant proceedings are being or were brought and, where possible, the outcome; and

(j) the information required by paragraph (2).

(2) The information required by this paragraph is—

(a) in the case of an application made in reliance upon section 9(2)(a) (register of bodies corporate carrying on business as opticians)(3)—

(i) if applicable, a copy of the most recent director’s report produced pursuant to section 234 of the Companies Act 1985(4) (duty to prepare directors' report), and

(ii) the names and addresses of all directors and, if applicable, their registration numbers as optometrists or dispensing opticians;

(b) in the case of an application made in reliance upon section 9(2)(b), a certificate issued by the Secretary of State—

(i) that on 20th November 1957 the applicant’s name, or a name under which it carried on business, was included in one of the health service ophthalmic lists, or

(ii) if the applicant subsequently came into existence on the reconstruction of a body corporate, that it was entitled to be registered by virtue of section 9(2)(b),

(c) in the case of an application made in reliance upon section 9(2)(c)—

(i) a certificate issued by the applicant’s accountant that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances, together with—

(aa) the name of the registered optometrist under whose management the testing of sight is carried on, or

(bb) the name of the registered optometrist or registered dispensing optician under whose management the business of the fitting and supply of optical appliances is carried on,

(ii) a certificate issued by the applicant that so much of its business as consists of the testing of sight is carried on under the management of a registered optometrist, and

(iii) a certificate issued by the applicant that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optometrist or registered dispensing optician; or

(d) in the case of an application made in reliance upon section 9(2)(d)–

(i) a certificate described in sub-paragraph (c)(ii) and (iii), and

(ii) a copy of the acknowledgement of registration issued by the Financial Services Authority under section 2(3) of the Industrial and Provident Societies Act 1965(5) or the registrar under section 2(3) of the Industrial and Provident Societies Act Northern Ireland 1969(6).

(1)

1995 c. 46. Section 302(9)(a) was amended by Schedule 17 to the Communications Act 2003 (c. 21).

(2)

1992 c. 5. Section 115A(7A) and (7B) were inserted by section 14 of the Social Security Fraud Act 2001 (c. 11).

(3)

Section 9(2) was amended by S.I. 2005/848.

(4)

1985 c. 6. Modifications and amendments of section 234 were made by section 8(1) of the Companies Act 1989 (c. 40), section 9(1) and (2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) and S.I. 1996/189, 1997/571 and 2004/3219.

(5)

1965 c. 12. Section 2(3) was amended by S.I. 2001/2617 and 2001/3649.

(6)

1969 c. 24.