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

PART 4 HEARINGS OF THE REGISTRATION APPEALS COMMITTEE: APPELLANTS AND APPLICANTS

Representation

14.—(1) Each party to proceedings to be heard before the Registration Appeals Committee shall be entitled to be heard at any hearing of those proceedings by the Committee.

(2) Each party to the proceedings shall be entitled to be represented at any such hearing by—

(a) a person with a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990);

(b) an advocate in Scotland, or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary;

(c) a member of the Bar of Northern Ireland or Solicitor of the Supreme Court of Northern Ireland; or

(d) in the case of the appellant or the applicant, any of the following—

(i) a representative of any professional organisation of which he is a member,

(ii) where the appellant or the applicant is a body corporate, a responsible officer of the body corporate, or

(iii) if the appellant or the applicant so requests and the Committee agree, any other suitable person.

(3) Subject to paragraph (4), where an individual appellant or an individual applicant is not represented, he may be accompanied and advised by any person, provided that such person shall not be entitled to address the Committee without their permission.

(4) A person who gives evidence at a hearing shall not, without the permission of the Committee, be entitled to represent or accompany the appellant or the applicant at the hearing.

Proceedings in the absence of appellant or applicant

15.  Where the appellant or the applicant is neither present nor represented at a hearing, the Registration Appeals Committee may nevertheless proceed if—

(a) they are satisfied that all reasonable efforts have been made to notify the appellant or the applicant of the hearing; and

(b) having regard to any reasons for absence which have been provided by the appellant or the applicant, they are satisfied that it is in the public interest to proceed.

Joinder

16.—(1) If the conditions specified in paragraph (2) are satisfied, the respondent may apply to the Registration Appeals Committee for a direction that one hearing may be held in relation to—

(a) two or more appellants, or

(b) two or more applicants.

(2) The conditions are that—

(a) all reasonable efforts have been made to notify each appellant or applicant of the hearing at which the application under paragraph (1) is to be determined; and

(b) each appellant or applicant is offered an opportunity to be heard on the application.

(3) The Registration Appeals Committee may, where just to do so, direct that one hearing be held in relation two or more appellants or two or more applicants and, where such a direction is made—

(a) these Rules shall have effect in relation to the hearing with the necessary adaptations; and

(b) each appellant or applicant shall be able to exercise any of the rights granted to him or it under these Rules whether or not any other person wishes to exercise that right.

Hearings in public

17.—(1) Subject to paragraphs (2) to (5) below, hearings before the Registration Appeals Committee shall be held in public.

(2) The Registration Appeals Committee may determine that the public shall be excluded from the proceedings, or any part of the proceedings, where the Committee consider that such exclusion would be appropriate, having regard to—

(a) the interests of any patient or witness concerned;

(b) the interests of the appellant or the applicant; and

(c) all the circumstances, including the public interest.

(3) Subject to paragraph (4), the Registration Appeals Committee shall sit in private where they are considering the physical or mental health of the appellant or applicant.

(4) Where Registration Appeals Committee are considering matters referred to in paragraph (3), they may meet in public if they consider that it would be appropriate to do so having regard to the matters set out in paragraph (2)(a) to (c).

(5) The Registration Appeals Committee may at any time deliberate in the absence of the parties, their representatives and the public.

Exclusion from hearings

18.  The Registration Appeals Committee may exclude from the whole or any part of a hearing, any person (including a party or his or its representative) whose conduct, in the Committee’s opinion, has disrupted or is likely to disrupt the proceedings.

Adjournment

19.—(1) At any stage a party may apply to the Registration Appeals Committee for the adjournment of a hearing.

(2) Such an application shall be heard either at the hearing at which the application is made or, if the application is made otherwise than at a hearing, on the next date upon which the Registration Appeals Committee sit.

20.—(1) Upon the hearing of an application under rule 19, or of their own motion, the Registration Appeals Committee may adjourn a hearing.

(2) When announcing their decision, the Committee shall, if granting the application, fix a new date for the hearing.

21.  Where the Registration Appeals Committee decide to adjourn a hearing under rule 20, the registrar shall serve on the appellant or the applicant a notification of the adjournment and the new date for the hearing.

Admissibility of evidence

22.—(1) Subject to paragraphs (2) and (3), the Registration Appeal Committee may admit any evidence they consider fair and relevant to the case before them, whether or not such evidence would be admissible in a court of law.

(2) Where evidence would not be admissible in criminal proceedings in England and Wales, the Committee shall not admit such evidence unless, on the advice of the legal adviser, they are satisfied that their duty of making due inquiry into the case before them makes its admission desirable.

(3) Evidence which has not been disclosed in accordance with rule 31 shall be admitted only with the permission of the Registration Appeals Committee given at the hearing.

Vulnerable witnesses

23.—(1) In proceedings before the Registration Appeal Committee, the following may, if the quality of their evidence is likely to be adversely affected as a result, be treated as a vulnerable witness—

(a) any witness under the age of 17 at the time of the hearing;

(b) any witness with a mental disorder within the meaning of the Mental Health Act 1983(1);

(c) any witness who is significantly impaired in relation to intelligence and social functioning;

(d) any witness with physical disabilities who requires assistance to give evidence;

(e) any witness, where the allegation against the registrant is of a sexual nature and the witness was the alleged victim; and

(f) any witness who complains of intimidation.

(2) Subject to the advice of the legal adviser, and upon hearing representations from the parties, the Committee may adopt such measures as it considers desirable to enable it to receive evidence from a vulnerable witness.

(3) Measures adopted by the Committee may include, but shall not be limited to—

(a) use of video links;

(b) use of pre-recorded evidence as the evidence-in-chief of a witness, provided always that such witness is available at the hearing for cross-examination and questioning by the Committee;

(c) use of interpreters (including signers and translators) or intermediaries;

(d) use of screens or such other measures as the Committee consider necessary in the circumstances in order to prevent—

(i) the identity of the witness being revealed to the press or the general public; or

(ii) access to the witness by the appellant or the applicant; and

(e) the hearing of evidence by the Committee in private.

(4) Where—

(a) the evidence to be given by a witness relates to facts which are sexual in nature;

(b) the witness is an alleged victim; and

(c) the appellant or the applicant is acting in person,

the appellant or the applicant shall not without the written consent of the witness be allowed to cross-examine the witness in person.

(5) In the circumstances set out in paragraph (4), in the absence of written consent, the appellant or the applicant shall no less than 7 days before the hearing appoint a legally qualified person to cross-examine the witness on his behalf, and in default, the Council shall appoint such person on behalf of the appellant or applicant.

Evidence on oath

24.  Witnesses shall be required to take an oath, or to affirm, before giving oral evidence at a hearing.

Legal advisers

25.  The Registration Appeals Committee shall be advised by a legal adviser who shall—

(a) be present at all hearings;

(b) advise the Committee on any matters of law, evidence or procedure which are referred to him by the Committee;

(c) advise the Committee on an issue of law where it appears to him that, without his intervention, there is the possibility of a mistake of law being made;

(d) intervene to advise the Committee of any irregularity in the conduct of the proceedings which comes to his knowledge;

(e) ensure that—

(i) advice given to the Committee under paragraph (b) is tendered by the legal adviser in the presence of the parties attending the hearing, or

(ii) if the advice is tendered after the Committee have begun to deliberate as to their findings, every such party is informed as to the advice tendered; and

(f) if the Committee so require, advise on the drafting of the Committee’s decisions.

Clinical advisers

26.  Where an appellant’s or an applicant’s physical or mental health is to be considered by the Registration Appeals Committee, the Committee shall be advised by a clinical adviser who shall—

(a) be present at the hearing at which the appellant’s or the applicant’s physical or mental health is to be considered;

(b) advise the Committee on the significance of any evidence before them pertaining to the appellant’s or the applicant’s physical or mental health; and

(c) ensure that–

(i) advice given to the Committee under paragraph (b) is tendered by the clinical adviser in the presence of the parties attending the hearing, or

(ii) if the advice is tendered after the Committee have begun to deliberate as to their findings, every such party is informed as to the advice tendered..

Specialist Advisers

27.  Where a specialist adviser has been appointed in relation to a matter to be considered at a hearing before the Registration Appeals Committee, the adviser shall—

(a) be present at the hearing;

(b) advise the Committee on matters relating to the specialty for which he has been appointed; and

(c) ensure that–

(i) advice given to the Committee under paragraph (b) is tendered by the specialist adviser in the presence of the parties attending the hearing, or

(ii) if the advice is tendered after the Committee have begun to deliberate as to their findings, every such party is informed as to the advice tendered.

(1)

1983 c. 20.