Explanatory note

The Rules approved by this Order make provision for procedures to be followed on an appeal against an appealable registration decision or on an application for restoration of a person’s registration or entry relating to specialty following erasure or removal on a direction of the Fitness to Practise Committee of the General Optical Council.

Part 1 provides for the Rules to come into force on 30th June 2005 and sets out the definitions of terms used in the Rules.

Part 2 applies only to applications for restoration following a direction by the Fitness to Practise Committee. An application must be submitted under rule 3 with the appropriate fee and certain supporting information specified in rules 4 to 8.

Part 3 deals with assessments of individual appellants or applicants. The Registration Appeals Committee may direct the individual to meet with a person appointed by the Committee to assess matters relating to his health or professional performance (rules 9 to 12). The Committee may draw such inferences as seem appropriate to them where a registrant fails to submit to, or cooperate with, an assessment (rule 13).

Parts 4 and 5 set out the rules for the hearings and procedures of the Registration Appeals Committee. Rule 14 provides for representation of the parties, rule 15 for a hearing to proceed in the absence of a party and rule 16 for where two or more cases may be heard together. Rule 17 provides that hearings are generally to be held in public with certain permitted exceptions. Rules 25 to 27 provide for certain advisers to be present at hearings. Part 5 contains provision for service of documents and exchange of evidence in advance of the substantive hearing. Rules 32 to 37 provide for other procedural matters.

Determinations by the Committee and the orders available to them must be made in accordance with the provisions of Part 6. This includes provision as to voting procedures, making of determinations, directions and orders (including as to costs) and written records of decisions which must include reasons.

Part 7 requires a verbatim record of each hearing before the Registration Appeals Committee to be made and makes provision for the service of notices and documents under the Rules.