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1. These Rules may be cited as the General Optical Council (Registration Appeals) Rules 2005 and shall come into force on 30th June 2005.
2.—(1) In these Rules—
“appellant” means–
a person making an appeal under paragraph 4(1) of Schedule 1A (appeals from an appealable registration decision)(1); and
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 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
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–
an appeal made under paragraph 4(1) of Schedule 1A; or
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—
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–
only in an emergency,
in the place of an individual registrant who is ill or on holiday,
as a fee-earning visiting practitioner, or
on less than twelve days in any year;
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—
includes any representative of the registrant attending the hearing in accordance with the provisions of rule 14(2) or (3); and
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”–
in relation to an appeal made under paragraph 4(1) of Schedule 1A, means the registrar or the Council (as the case may be);
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.
Schedule 1A was inserted by S.I. 2005/848.
Section 13K was inserted by S.I. 2005/848.
Section 5C was inserted by S.I. 2005/848.
Section 5A was inserted by S.I. 2005/848.
The Rules are scheduled to S.I. 2005/ 1478
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