UK Statutory Instrument SI 2013/2537 United Kingdom

The General Optical Council (Fitness to Practise) Rules Order of Council 2013

This Order approves Rules made by the General Optical Council (“the Council”) which make provision for the procedures to be followed in the Council’s fitness to practise proceedings. These Rules replace the General Optical Council (Fitness to Practise) Rules 2005 (“the 2005 Rules”).

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Enforced by
GOC
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Plus 30 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.004 Initial consideration and referral of allegations (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must consider and refer fitness-to-practise allegationsStatutory regulator
s.005 Notification and evidence gathering (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC registrar must notify registrant of fitness to practise allegation and gather evidenceStatutory regulator
s.008 Assessment notification (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must notify registrants of assessment appointmentsStatutory regulator
s.010 Assessment report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Assessors must prepare and submit assessment reports to GOC registrarStatutory regulator
s.012 Consideration and decisions by the case examiners (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC case examiners must consider fitness-to-practise allegations and decide next stepsStatutory regulator
s.013 Cases considered by the Investigation Committee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Investigation Committee must consider allegations and follow specified proceduresStatutory regulator
s.014 Warnings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must consider issuing a warning after deciding not to refer a caseStatutory regulator
s.015 Review of decision not to refer (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Case examiners must review decisions not to refer allegations within 5 yearsStatutory regulator
s.016 Termination of referral (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must notify registrant and others if case examiners terminate a referralStatutory regulator
s.017 Notification of application for interim order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must serve Notice of Interim Order Hearing on registrantStatutory regulator
s.018 Unless the registrar is of the view that the public... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must hold interim order hearings no earlier than 7 days after noticeStatutory regulator
s.019 Where, after the sending of the Notice of Interim Order... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must notify registrant of changes to hearing detailsStatutory regulator
s.020 Conduct of interim order hearings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee must follow procedural rules for interim order hearingsTribunal / Court
s.025 Substantive Hearings in public (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee must hold substantive hearings in public, with exceptionsStatutory regulator
s.028 Notification (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must serve fitness-to-practise notification on registrantStatutory regulator
s.031 The Hearings Manager must serve on the parties notification in... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must give at least 7 days' notice of procedural hearing dateStatutory regulator
s.033 (1) The Fitness to Practise Committee may vary the standard... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee may vary procedural directionsStatutory regulator
s.034 Date of substantive hearing (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Hearings Manager must serve notice of substantive hearing date on partiesStatutory regulator
s.035 Adjournment (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee must consider adjournment applications promptlyTribunal / Court
s.037 Where the Fitness to Practise Committee decides to adjourn a... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Hearings Manager must notify parties of adjournment and new hearing dateStatutory regulator
s.041 Vulnerable witnesses (opens in a new tab) Regulated
  • Registrant must not cross-examine alleged victim in sexual cases without consent; appoint legal representative if neededAny Person
s.042 Witnesses (opens in a new tab) Regulated
  • Witnesses must take oath/affirm and not attend hearing before giving evidenceAny Person
s.043 Legal advisers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Legal adviser must attend hearings and advise the Fitness to Practise Committee on law and procedureStatutory regulator
s.044 Clinical advisers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Clinical adviser must attend hearings and advise on health evidenceStatutory regulator
s.045 Specialist advisers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Specialist adviser must attend hearing and disclose advice transparentlyTribunal / Court
s.048 Declarations where allegation not proven (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must issue a declaration of non-impairment if requestedStatutory regulator
s.049 Where, in the case of a business registrant, it has... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC Fitness to Practise Committee must issue a clearance declaration on requestStatutory regulator
s.050 Written decision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee must give written decisions with reasonsTribunal / Court
s.052 Costs and expenses (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Fitness to Practise Committee may order parties to pay hearing costsStatutory regulator
s.055 Referral for a review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must refer cases for review of certain ordersStatutory regulator
s.056 Notice of review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must serve notice of review hearing with relevant documentsStatutory regulator
s.062 Transitional provisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • GOC must arrange disposal of pending fitness to practise casesStatutory regulator
35 other provisions — procedural and definitional
s.001 These Rules may be cited as the General Optical Council... (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.002 Notices and notifications
s.002 Virtual meetings and hearings
s.003 Delegation of functions of the Investigation Committee (opens in a new tab)
s.006 Appointment of assessors and direction for assessment by the Investigation Committee (opens in a new tab)
s.007 Appointment of assessors and direction for assessment by the Fitness to Practise Committee (opens in a new tab)
s.009 Date of assessment meeting (opens in a new tab)
s.011 Failure to submit to or co-operate with an assessment (opens in a new tab)
s.021 Representation (opens in a new tab)
s.022 Proceeding in the absence etc. of the registrant (opens in a new tab)
s.023 Joinder (opens in a new tab)
s.024 The Fitness to Practise Committee may, where it considers it... (opens in a new tab)
s.026 Exclusion from hearings (opens in a new tab)
s.027 Procedural and substantive hearings (opens in a new tab)
s.029 Standard procedural directions (opens in a new tab)
s.030 Procedural hearings (opens in a new tab)
s.032 At a procedural hearing, the Fitness to Practise Committee may—... (opens in a new tab)
s.036 (1) Upon the hearing of an application under rule 35,... (opens in a new tab)
s.037 Postponement
s.038 Standard and burden of proof (opens in a new tab)
s.039 The burden of proof at substantive hearings before the Fitness... (opens in a new tab)
s.040 Admissibility of evidence (opens in a new tab)
s.046 Order of proceedings at substantive hearings of the Fitness to Practise Committee (opens in a new tab)
s.047 Questions (opens in a new tab)
s.051 Notification and disclosure of outcome of investigations and hearings (opens in a new tab)
s.053 (1) Where the Fitness to Practise Committee orders a party... (opens in a new tab)
s.054 Period of payment (opens in a new tab)
s.057 Date of review (opens in a new tab)
s.058 Conduct of review hearing. (opens in a new tab)
s.059 Voting (opens in a new tab)
s.060 Record of hearing (opens in a new tab)
s.061 Service of documents (opens in a new tab)
s.063 Revocation (opens in a new tab)
s.paragraph/1 This Order may be cited as the General Optical Council...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.