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

PART 6 ORDERS OF THE REGISTRATION APPEALS COMMITTEE: APPELLANTS AND APPLICANTS

Voting

38.—(1) Decisions of the Registration Appeals Committee shall be taken by a simple majority.

(2) No Chairman of the Committee may exercise a casting vote.

(3) No member of the Committee may abstain from voting.

(4) Where the votes are equal the Committee shall decide the issue under consideration against the appellant or the applicant.

Determination or direction of the Registration Appeals Committee

39.  The Registration Appeals Committee shall—

(a) make a determination under paragraph 4(7) of Schedule 1A (appeals from an appealable registration decision)(1); or

(b) determine whether it is appropriate to make any direction under section 13K(6) or (8) (direction to restore to a register a person’s name or entry relating to a specialty)(2).

Written decision

40.  The Registration Appeals Committee shall give the parties a written record of their decision under these Rules, together with the reasons for any decision made.

Costs and expenses

41.  The Registration Appeals Committee may, if they think fit, summarily assess the costs of any party to the proceedings and order any party to pay all or part of the costs or expenses of any other party.

42.  Where the Registration Appeals Committee are considering making an order under rule 41 and are considering making an award against an individual appellant or an individual applicant, they shall take into account his ability to pay.

Period of Payment

43.  Where the Registration Appeals Committee have made an order under rule 41, they may specify the period within which the costs or expenses are to be paid.

(1)

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

(2)

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