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Article 11 Restoration to the Register

Original text. Later amendments are not shown.

(1)

Where, before the relevant date, an erasure order has been made against a person pursuant to the old Part 3, that person may, on or after the relevant date, apply for restoration of his name to the appropriate register under section 13K (restoration of names to a register), as if his name had been erased under section 13F (powers of the fitness to practise committee), save that a person’s first such application on or after the relevant date may only be made within ten months of—

(a)

the date of erasure; or

(b)

the date of the Disciplinary Committee’s decision in respect of the last application made under the old section 18 (restoration of names erased as a result of disciplinary cases etc).

(2)

An application under paragraph (1) shall be determined in accordance with the new section 13K, except that the new section 13K(2)(a) and (4)(a) shall not apply.

(3)

Where, before the relevant date, an individual or body corporate has applied for restoration of his name to a register, or, as the case may be, the list, under the old section 18, the Disciplinary Committee shall determine the matter in accordance with the old section 18.

(4)

Where, in any case falling within this article, the application for restoration succeeds, if the application was made by—

(a)

an individual, his name shall be included in the appropriate register maintained by the Council under the new section 7 (registers of opticians); or

(b)

a body corporate, its name shall be included in the register of bodies corporate maintained by the Council under the new section 9(1) (list of bodies corporate carrying on business as opticians).