United Kingdom Statutory Instruments

"administrator" means—

(a) any person who is for the time being appointed under rule 3(a) or

(b) in a case falling within rule 3(b), the Council;

"approved event" means a continuing education and training event which is approved under rule 10;

"CET point" means a general CET point or a specialist CET point;

"the Council" means the General Optical Council;

"continuing education and training event" means a learning event, lecture, seminar, curriculum or other programme or method of study (whether requiring attendance or not) that is relevant to the needs and professional standards of optometrists or dispensing opticians;

"general CET point" means a CET point specified as such under rule 10(2);

"initial relevant period" means the period commencing on 1st July 2005 and ending on 31st December 2006;

"listed provider" means a person whose application under rule 5 for his name to be added to the list of event providers is granted under rule 9;

"month" means a calendar month;

"reference number", in relation to an approved event, means a number allocated to that event under rule 10(1)(b);

"registrant" means a registered optometrist or registered dispensing optician;

"registrar" means the registrar of the Council referred to in section 1(3) (constitution and functions of the Council);

(a) specify—


(i) the number of CET points that a registrant who undertakes the approved event will obtain, and

(ii) whether those points are to be general CET points under paragraph (2) or specialist CET points under paragraph (3); and



(b) allocate a reference number to the approved event.

    (2) Where the administrator considers that an approved event is relevant to competencies which—

(a) where the registrant's name is in the register on 30th June 2005, two multiplied by the number of whole months in the initial relevant period during which he is registered; and

(b) where his name is entered in the register on or after 1st July 2005, the number of whole months in the initial relevant period during which he is registered.

    (3) In respect of each subsequent relevant period, the required number of general CET points is the number equivalent to the number of whole months in the relevant period during which he is registered.

Requirement to obtain specialist CET points
     13. —(1) A registrant against whose name in an appropriate register one or more entries relating to a specialty is made shall obtain in respect of each specialty the number of specialist CET points determined under paragraphs (2) and (3).

    (2) In respect of the initial relevant period, the required number of specialist CET points is the number equivalent to—

(a) where the entry relating to the specialty is in the register on 30th June 2005, the number of whole months in the initial relevant period during which he has the entry in the appropriate register; and

(b) where the entry is made on or after 1st July 2005, half the number of whole months during the initial relevant period during which he has the entry in the appropriate register.

    (3) In respect of each subsequent relevant period, the required number of specialist CET points is the number equivalent to half the number of whole months during the relevant period for which he has the entry relating to the specialty in the appropriate register.

    (4) For the purposes of this rule, no account may be taken of half numbers.

Voluntary CET points
     14. Where a registrant has undertaken one or more continuing education and training events in the period beginning on 1st January 2004 and ending on 30th June 2005, the registrar may, having taken into account the quantity and type of such events —

(a) for the purposes of the initial relevant period and compliance with rule 12(2)(a), treat the registrant as having obtained such number of general CET points as he may determine, up to a maximum of 24; and

(b) for the purposes of the initial relevant period and compliance with rule 13(2)(a), treat the registrant as having obtained such number of specialist CET points as he may determine, up to a maximum of 12.

Calculation of CET points
     15. —(1) This rule applies to calculations made for the purposes of rule 12, 13, 23 or 24 in order to determine the total number of CET points obtained by a registrant in respect of the initial relevant period or any subsequent relevant period.

    (2) No general CET points obtained by a registrant may be taken into account in calculating the number of the registrant's specialist CET points.

    (3) In the case of a registrant against whose name in a register an entry relating to a specialty is made—

(a) the specialist CET points he is required to obtain under rule 13 shall be additional to (and not in place of) the general CET points he is required to obtain under rule 12; and

(b) no specialist CET points he obtains may be taken into account in calculating the number of his general CET points.

    (4) Paragraph (3) shall be subject to rule 16 in respect of the initial relevant period.

    (5) No account may be taken of any CET points which a person obtains in the course of a relevant period in order to make up any shortfall of points in respect of the immediately preceding period.

Double-counting of certain specialist points for initial relevant period
     16. —(1) In this Rule "relevant points" means any specialist CET points which a registrant—

(a) obtains in the initial relevant period; or

(b) is treated as having obtained for the purposes of that period under rule 14(b).

    (2) Relevant points may be counted as both general CET points and specialist CET points (and accordingly one specialist CET point may be counted twice) but—

(a) the number of relevant points falling within paragraph (1)(a) shall not exceed four; and

(b) the number of relevant points falling within paragraph (1)(b) shall not exceed twelve.

Obtaining of CET points
     17. A registrant who has undertaken an approved event shall obtain the number and type of CET points specified under rule 10(1)(a) for the event.

(a) the title of the event, its reference number and the listed provider (if any) providing the event;

(b) the number and type of CET points specified under rule 10(1)(a); and

(c) the information provided to him under rule 11(1)(a) by the listed provider.

    (2) The records shall be stored in such form (including electronic) as is specified by the Council.

    (3) The records shall be retained for at least two complete relevant periods after the end of the period to which the records relate.

    (4) Where the appointment of the administrator comes to an end, that person shall, within 28 days of being notified by the Council of the termination of appointment, pass the information stored in the records to the Council.

Requirement to keep records: registrants
     20. —(1) The registrant shall keep records of each approved event that he has undertaken.

    (2) In relation to each approved event provided by a listed provider, the records must contain–—

(a) the listed provider's name;

(b) a statement of the number and type of CET points which he has obtained; and

(c) the reference number of the event.

    (3) In relation to each approved event provided outside the United Kingdom by a person other than a listed provider, the records must contain—

(a) the name of the person who provided the event;

(b) a statement of the number and type of CET points which he has obtained; and

(c) the reference number of the event.

    (4) The records shall be retained for at least two complete relevant periods after the end of the period to which the records relate.

(a) if the event was provided by a listed provider, a copy of the statement provided to the registrant under rule 11(1)(b);

(b) if the event was provided outside the United Kingdom by a person other than a listed provider, a copy of the records kept by him under rule 20(3), together with evidence to show he attended the event.

    (3) Where the registrant has received a request for information under paragraph (2), he shall produce to the registrar within 28 days copies of the documents requested.

    (4) Where the administrator sends a request for information under paragraph (2) to the registrant, he shall also send to the registrar—

(a) a copy of the request for information; and

(b) a copy of the relevant extract from his records kept in accordance with rule 19.

    (5) The number and type of CET points the registrant has obtained shall be determined by the registrar within the period of 14 days beginning with the due date for receipt of information under paragraph (3).

    (6) In making a determination under paragraph (5) the registrar shall take into account the information provided by the registrant under paragraph (3) and that provided by the administrator under paragraph (4).

    (7) The registrar shall immediately notify the registrant and the administrator of his determination.

    (8) Where the registrar's determination is adverse to the registrant and as a result there is a shortfall of points in respect of the initial relevant period or any subsequent relevant period, the notice under paragraph (7) shall—

(a) additionally inform the registrant of the shortfall; and

(b) state that, unless he obtains CET points equivalent to the shortfall by 15th March in the year following the period in which the shortfall occurred , the registrar may remove from or refuse to retain in the register—


(i) the name of the registrant, or

(ii) in any case where the shortfall relates to a specialty, particulars of which are entered in a register against his name, the entry relating to the specialty.

(a) the name of the registrant;

(b) the number and type of CET points obtained by the registrant in the period in which the shortfall occurred; and

(c) the shortfall.

    (3) Not later than the 21st January in the year following the period in which the shortfall occurred, the registrar shall serve a notice on the registrant:

(a) informing him of the information provided by the administrator under paragraph (2); and

(b) stating that, unless he obtains CET points equivalent to the shortfall by 15th March of that year, the registrar may remove from or refuse to retain in the register—


(i) the name of the registrant, or

(ii) in any case where the shortfall relates to a specialty, particulars of which are entered in a register against his name, the entry relating to the specialty.

Removal of registration or an entry relating to a specialty
     24. Where rule 22(8) or 23 applies and the registrant has failed to obtain CET points equivalent to the shortfall of points by 15th March in any year, the registrar may on or after 1st April of that year remove from or refuse to retain in the register—

(a) the name of the registrant; or

(b) in any case where the shortfall relates to a specialty, particulars of which are entered in a register against his name, the entry relating to the specialty.