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

PART 5 PROCEDURE AND ORDER OF PROCEEDINGS: APPELLANTS AND APPLICANTS

Notification of hearing date: appellants

28.  Where an appellant has served a notice of appeal on the registrar in accordance with paragraph 4(3) or (4) of Schedule 1A (appeals from an appealable registration decision), the registrar shall serve on the appellant a notification—

(a) of the date of the hearing;

(b) informing the appellant of—

(i) his right to attend the hearing and to be represented at the hearing in accordance with rule 14,

(ii) the power of the Fitness to Practise Committee to proceed in his absence under rule 15,

(iii) his right to adduce evidence in accordance with rule 34 and to call and cross-examine witnesses, and

(iv) the Committee’s powers of disposal under paragraph 4(7) of Schedule 1A;

(c) requesting the appellant to notify the registrar, within the period of 14 days beginning with the date of the notification whether he wishes to attend the hearing; and

(d) inviting the appellant, if he chooses not to attend the hearing, to make written representations to be received by the registrar no later than 14 days before the hearing.

Notification of hearing date: applicants

29.  Subject to section 13K(4) and (10), where an application has been referred to the Registration Appeals Committee under section 13K(3) (reference by registrar of any application for restoration to a register following erasure or removal at the direction of the Fitness to Practise Committee)(1), the registrar shall serve on the applicant a notification—

(a) of the date of the hearing;

(b) informing the applicant of:

(i) the information set out in rule 28(b)(i) to (iii), and

(ii) the Committee’s powers of disposal under section 13K(6);

(c) requesting the applicant to notify the registrar, within the period of 14 days beginning with the date of the notification whether he wishes to attend the hearing; and

(d) inviting the applicant, if he chooses not to attend the hearing, to make written representations to be received by the registrar no later than 14 days before the hearing;

(e) where the applicant has made a previous unsuccessful application, informing him of the Committee’s power to suspend indefinitely his right to make further applications for restoration under section 13K(8); and

(f) where the applicant has made a previous unsuccessful application and chooses not to attend the hearing, inviting him to make written representations on the issue of indefinite suspension of his right to make further applications, to be received by the registrar no later than 14 days before the hearing.

Date of hearing: appellants and applicants

30.  Except with the agreement of the appellant or the applicant, the hearing shall not be held earlier than 28 days after the date upon which the notification of the date of hearing was served on the appellant or the applicant under rule 28 or 29.

Advance provision of information

31.—(1) This rule applies to—

(a) copies of any statements or reports made by witnesses; and

(b) copies of any documentary evidence,

upon which a party intends to rely and which he agrees may be disclosed to the other party and to the Registration Appeals Committee in advance of the hearing.

(2) No later than 14 days before the date fixed for the hearing, each party shall provide to the other the copies of documents to which this rule applies.

Committee copies of documents

32.  No later than 7 days before the date fixed for the hearing, the registrar shall provide to the Registration Appeals Committee copies of all documents provided under rule 31.

Order of proceedings

33.—(1) The appellant or the applicant may address the Registration Appeals Committee and may call witnesses and adduce documentary and other evidence in support.

(2) Any witness who gives oral evidence under paragraph (1) may be cross-examined by the respondent and re-examined by the appellant or the applicant.

34.—(1) Following the presentation of evidence by the appellant or the applicant (if any), the respondent may address the Registration Appeals Committee and may call witnesses and adduce documentary and other evidence in support.

(2) Any witness who gives oral evidence under paragraph (1) may be cross-examined by the appellant or the applicant and re-examined by the respondent.

Evidence in rebuttal

35.—(1) The appellant or applicant may, with the permission of the Registration Appeals Committee, call witnesses and adduce documentary and other evidence in rebuttal of any matter raised by the respondent.

(2) Any witness who gives oral evidence under paragraph (1) may be cross-examined by the respondent and re-examined by the appellant or applicant.

Questions

36.  In addition to any question put to any witness pursuant to rules 33 to 35, questions may also be put by—

(a) a member of the Registration Appeals Committee; and

(b) with the permission of the Chairman of the Committee—

(i) a legal adviser,

(ii) a clinical adviser, where appointed, on matters relating to the physical or mental health of the registrant, and

(iii) a specialist adviser, where appointed, on matters relating to the specialty for which he has been appointed.

Submissions

37.—(1) Following the presentation of evidence, including any evidence in rebuttal, the appellant or the applicant shall be entitled to address the Registration Appeals Committee.

(2) Following any address made by the appellant or applicant, the respondent shall be entitled to address the Registration Appeals Committee.

(1)

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