Statutory Instruments

2020 No. 1325

Health Care And Associated Professions

Opticians

The General Optical Council (Committee Constitution, Registration and Fitness to Practise) (Coronavirus) (Amendment) Rules Order of Council 2020

Made

16th November 2020

Coming into force

14th December 2020

At the Council Chamber, Whitehall, the 16th day of November 2020

By the Lords of Her Majesty's Most Honourable Privy Council

The General Optical Council has made the General Optical Council (Committee Constitution, Registration and Fitness to Practise) (Coronavirus) (Amendment) Rules Order of Council 2020, as set out in the Schedule to this Order, in exercise of the powers conferred by sections 5A(3), 5C(3), 23A(2), 23C(1), (2) and (9) and 31A of, and paragraph 12A of Schedule 1 to, the Opticians Act 1989(1) ("the 1989 Act").

In accordance with section 23C(10) of the 1989 Act the General Optical Council has consulted with representatives of groups of persons who appear likely to be affected by the proposed Rules.

In accordance with section 34(1) of the 1989 Act, the Rules shall not come into force until approved by Order of the Privy Council.

Citation and commencement

1.  This Order may be cited as the General Optical Council (Committee Constitution, Registration and Fitness to Practise) (Coronavirus) (Amendment) Rules Order of Council 2020 and comes into force on 14th December 2020.

Privy Council approval

2.  Their Lordships, having taken the Rules contained in the Schedule to this Order into consideration, are pleased to, and do approve them.

Legal seal

Gareth Hadley

Chair of the General Optical Council

Lesley Longstone

Chief Executive and Registrar of the General Optical Council

EXPLANATORY NOTE

(This note is not part of the Order)

The Order amends the General Optical Council (Committee Constitution) Rules 2005 (as contained in S.I. 2005/1474) ("the Committee Constitution Rules"), the General Optical Council (Registration) Rules 2005 (as contained in S.I. 2005/1478) ("the Registration Rules") and the General Optical Council (Fitness to Practise) Rules 2013 (as contained in S.I. 2013/2537) ("the Fitness to Practise Rules").

The Committee Constitution Rules are amended:

1.  to reduce the number of individuals required for the Registration Appeal Committees and Fitness to Practise Committees: these may start with three or more panellists, and will be quorate with two panellists,

2.  to enable notices, notifications and other documents to be sent by email, if an email address has been provided for communication, and

3.  to enable a new chairperson be put in place should one become indisposed.

The Registration Rules are amended in order that notices may be sent by email to an email address, if one has been provided for communication.

The Fitness to Practise Rules are amended:

1.  to provide for the Hearings Manager to postpone and relist hearings,

2.  to enable notices to be sent by email, if an email address has been provided for communication, and

3.  to allow for hearings to be held by audio or video conference.

(1)

1989 c.44; sections 5A, 5C, 23A and 23C were inserted by S.I. 2005/848.

(2)

1989 c.44; sections 5A, 5C, 23A and 23C were inserted by S.I. 2005/848.

(3)

Rules as set out in the Schedule to the General Optical Council (Committee Constitution Rules) Order of Council 2005, (S.I. 2005/1474). Relevant amending instrument S.I. 2008/3113.

(4)

Relevant amending instrument is S.I. 2008/3113.

(5)

Relevant amending instrument is S.I. 2008/3113.

(6)

Relevant amending instrument is S.I. 2008/3113.

(7)

Rule 16A was inserted by S.I. 2008/3113.

(8)

Rule 22 was substituted by S.I. 2008/3113.

(9)

Rule 23 was substituted by S.I. 2008/3113.

(10)

Rule 24 was substituted by S.I. 2008/3113.

(11)

Rule 24A was substituted by S.I. 2008/3113.

(12)

Rules as set out in the Schedule to the General Optical Council (Registration) Rules Order of Council 2005 (S.I. 2005/1478). There are other amending instruments but none are relevant

(13)

Rules as set out in the Schedule to the General Optical Council (Fitness to Practise) Rules Order of Council 2013 (S.I. 2013/2537).