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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The General Optical Council (Registration Rules) Order of Council 2005 No. 1478 URL: http://www.bailii.org/uk/legis/num_reg/2005/20051478.html

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(a) means the fee prescribed by the Council under section 10(1)(c)(i) (general provisions as to registers) in relation to applications of that description; and

(b) includes any application fee prescribed by virtue of section 10(1A)(d)[4];

"the Council" means the General Optical Council;

"contact lens specialty" means the specialty described in columns 2 and 3 of the entry at line A of the Table in rule 10;

"Fitness to Practise Committee" means the Fitness to Practise Committee referred to in section 5C(1) (the Fitness to Practise Committee)[5];

"practice address"—

(a) in relation to an individual, means the address of a practice or place of business from which the individual practises (or proposes to practise) the profession of an optometrist or a dispensing optician, other than an address at which he practises that profession—


(i) only in an emergency,

(ii) in the place of an individual registrant who is ill or on holiday,

(iii) as a fee-earning visiting practitioner, or

(iv) on fewer than twelve days in any year; or



(b) in relation to a body corporate, means the address of any practice or place of business from which the body corporate carries on the business of an optometrist or a dispensing optician, or both;

"registrar" except in rule 8(2)(d)(ii) means the registrar of the Council referred to in section 1(3) (constitution and functions of the Council);

"Registration Appeals Committee" means the Registration Appeals Committee referred to in section 5A (the Registration Appeals Committee)[6];

"regulatory body" means a regulatory body which has the function of authorising persons to practise as members of a health or social care profession;

"specialty" means a specialty or level of proficiency particulars of which may, by virtue of rule 10, be entered in a register against a registrant's name; and

"student registrant" means a person registered under section 8A (registers of students)[7].

    (2) In these Rules any reference to a numbered section is a reference to the section of the Opticians Act 1989 which bears that number.

shall be submitted to the registrar in such form (including electronic) as may be specified by the Council.

    (2) Paragraph (1)(b) does not apply in relation to an application for the restoration in a register of a person's registration following the erasure of that person's name from the register on a direction of the Fitness to Practise Committee under section 13F (powers of the Fitness to Practice Committee)[8].

Applications for entry in a register of particulars of a specialty or for restoration of an entry
     4. —(1) An application for—

(a) the entry in a register of particulars of a specialty; or

(b) restoration of such an entry following its removal by the registrar,

shall be submitted to the registrar in such form (including electronic) as may be specified by the Council.

    (2) Paragraph (1)(b) does not apply in relation to an application for the restoration in a register of a person's entry relating to a specialty following its removal on a direction of the Fitness to Practise Committee under section 13F (powers of the Fitness to Practice Committee)[9].

Information required from individual applicants for registration or restoration of registration
     5. —(1) An application under rule 3 for registration or restoration of registration as an individual registrant shall include—

(a) the applicant's full name;

(b) his former names, if any;

(c) his date of birth;

(d) (except where the applicant seeks registration under section 8(1A) (qualifications for being registered)[10]) a declaration as to whether he—


(i) has any convictions (including a conviction by court martial) or cautions in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence,

(ii) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995[11] (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992[12] (penalty as alternative to prosecution),

(iii) in proceedings in Scotland for an offence, has been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely,

(iv) was the subject of any determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body outside the United Kingdom to the same effect, or

(v) is currently the subject of any investigation or proceedings which might lead to any of the results set out in paragraphs (i) to (iv);



(e) in any case falling within sub-paragraph (d), details of any investigations (including approximate dates), the place where any relevant proceedings are being or were brought and, where possible, the outcome;

(f) (except where the applicant seeks registration under section 8(1A)[13]), details of any adverse physical or mental health which a reasonable person would think may impair his fitness to practise; and

(g) a photograph which is signed and dated by—



(i) a registered optometrist or registered dispensing optician,

(ii) a registered medical practitioner,

(iii) a solicitor or barrister,

(iv) a justice of the peace,

(v) an accountant,

(vi) a principal of an educational institution which granted the applicant a qualification or a person authorised by the principal of that institution, or

(vii) another individual of similar standing in the community,



who has known the applicant for at least two years and who certifies that the photograph is a true likeness of the applicant.

    (2) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

Additional information required from individual applicants for registration or restoration of registration as a student
     6. In addition to the information required under rule 5, an application under rule 3 for registration or restoration of registration as a student undertaking training as an optometrist or a dispensing optician shall include—

(a) a contact address for the applicant;

(b) if he is proposing to receive education or training as an optometrist or a dispensing optician at an approved training establishment, the name and address of that establishment; and

(c) if, as part of the education or training, he is proposing to undertake practical experience in the work of an optometrist or a dispensing optician—


(i) the full name of any persons who may act as his supervisors (if his application for registration or restoration is granted and if the names are known),

(ii) a contact address for such supervisors,

(iii) if applicable, an indication of the trading name under which such supervisors practise or are employed; and

(iv) all practice addresses at which the applicant is proposing to obtain that experience.

Additional information required from individual applicants for registration or restoration of registration as an optometrist or a dispensing optician
     7. In addition to the information required under rule 5, an application under rule 3 for registration or restoration of registration as an optometrist or a dispensing optician shall include—

(a) a contact address for the applicant;

(b) an indication of whether or not the contact address provided under sub-paragraph (a) is a proposed practice address and—


(i) if it is, either the trading name under which the applicant proposes to practise at that address or the name under which his employer undertakes the business of an optometrist or a dispensing optician (or both); and

(ii) all proposed practice addresses of the applicant, other than the contact address, together with, in each case, an indication of the trading name, if any, under which the applicant proposes to practise at each address;



(c) a copy of a certificate of any approved qualification or other qualification held by the applicant in reliance upon which the application is made, including the name of the approved training establishment or establishment from which, and the date upon which, the qualification was obtained (where this information is not stated on the certificate);

(d) details of the practical experience in the work of an optometrist or a dispensing optician by virtue of which the application is made;

(e) evidence that, if his name were to be entered in the register, he would be covered by an insurance policy for the purposes of complying with section 10A (insurance for individual registrants and persons applying for their name to be registered)[14]; and

(f) a copy of that policy of insurance or a means of identifying the terms of the policy that will cover him, together with any number the policy has and its expiry date.

Information required from applicants for registration or restoration of registration as business registrants
     8. —(1) An application under rule 3 for registration or restoration of registration as a body corporate carrying on business as an optometrist, dispensing optician or both, shall include the following information—

(a) the applicant's full name;

(b) the applicant's former names, if any;

(c) the applicant's date of incorporation (if applicable);

(d) if sub-paragraph (c) is not applicable, the date the applicant commenced trading;

(e) the company registration number of the applicant (if applicable);

(f) the applicant's registered address or, if it does not have one, a contact address, together with an indication of—


(i) whether or not this is a practice address, and

(ii) if it is, the trading name under which the applicant carries on business at that address;



(g) all practice addresses of the applicant, other than the address provided under sub-paragraph (f), together with an indication of the trading name under which the applicant practises at each address;

(h) a declaration, made on behalf of the applicant, as to whether it or any of its directors—



(i) has any convictions (including a conviction by court martial) or cautions in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence,

(ii) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995[15] (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992[16] (penalty as alternative to prosecution),

(iii) in proceedings in Scotland for an offence, has been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely, or

(iv) was the subject of a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that—


(aa) the body corporate's fitness to carry on business as a member of that profession is impaired, or

(bb) the fitness of a director of the body corporate to practise that profession is impaired,



(v) was the subject of a determination by a regulatory body outside the United Kingdom to the same effect as is described in paragraph (iv), or

(vi) is currently the subject of any investigation or proceedings which might lead to any of the results set out in paragraphs (i) to (v);



(i) in any case falling within sub-paragraph (h), details of any investigations (including approximate dates), the place where any relevant proceedings are being or were brought and, if possible, the outcome; and

(j) the information required by paragraph (2).

    (2) The information required by this paragraph is—

(a) in the case of an application made in reliance upon section 9(2)(a) (register of bodies corporate carrying on business as opticians)[17]—


(i) if applicable, a copy of the most recent director's report produced pursuant to section 234 of the Companies Act 1985[18] (duty to prepare directors' report), and

(ii) the names and addresses of all directors and, if applicable, their registration numbers as optometrists or dispensing opticians;



(b) in the case of an application made in reliance upon section 9(2)(b), a certificate issued by the Secretary of State—



(i) that on 20th November 1957 the applicant's name, or a name under which it carried on business, was included in one of the health service ophthalmic lists, or

(ii) if the applicant subsequently came into existence on the reconstruction of a body corporate, that it was entitled to be registered by virtue of section 9(2)(b);



(c) in the case of an application made in reliance upon section 9(2)(c)—



(i) a certificate issued by the applicant's accountant that the greater part of its business consists of activities other than the testing of sight and the fitting and supply of optical appliances, together with—


(aa) the name of the registered optometrist under whose management the testing of sight is carried on; or

(bb) the name of the registered optometrist or registered dispensing optician under whose management the business of the fitting and supply of optical appliances is carried on,



(ii) a certificate issued by the applicant that so much of its business as consists of the testing of sight is carried on under the management of a registered optometrist, and

(iii) a certificate issued by the applicant that so much of its business as consists of the fitting and supply of optical appliances is carried on under the management of a registered optometrist or registered dispensing optician; or



(d) in the case of an application made in reliance upon section 9(2)(d) —



(i) a certificate described in sub-paragraph (c)(ii) and (iii), and

(ii) a copy of the acknowledgement of registration issued by the Financial Services Authority under section 2(3) of the Industrial and Provident Societies Act 1965[19] or the registrar under section 2(3) of the Industrial and Provident Societies Act Northern Ireland 1969[20].

    (3) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

Information required for entry of particulars of a specialty or restoration of such an entry
     9. —(1) An application under rule 4 for the entry in a register of particulars of a specialty or the restoration of an entry relating to a specialty shall include—

(a) where the application is for an entry relating to a contact lens specialty and is reliant upon certification under rule 5 (certification) of the General Optical Council (Contact Lens Qualifications Etc.) Rules 1988[21], a copy of the certificate; or

(b) in any other case, a copy of a certificate of the qualification held by the applicant by virtue of which the application is made, including the name of the approved training establishment or other establishment from which, and the date upon which, the qualification was obtained (where this information is not stated on the certificate)

    (2) Where the application is for restoration of an entry relating to a specialty, the application shall—

(a) where the applicant is not registered, be made at the same time as an application for restoration of the applicant's registration; or

(b) where the applicant is registered, include his registration number.

    (3) The registrar may seek information additional to that provided with the application—

(a) for the purposes of verifying information provided; or

(b) as he may otherwise require for the purposes of determining the application.

(a) the applicant is entitled to be registered under section 8, 8A or 9;

(b) the application is in accordance with rules 3 and 5 to 8, as applicable;

(c) the policy of insurance identified for the purposes of complying with rules 7(e) and (f) meets the requirements of section 10A (insurance for individual registrants and persons applying for their names to be registered)[24];

(d) any requirements imposed upon him by rules made under section 11A (requirement for continuing education and training)[25] have been met; and

(e) any application fee has been paid.

Entry and restoration of an entry relating to a specialty in a register
     13. On receipt of an application under rule 4 for the entry in a register of particulars of a specialty or the restoration of an entry relating to a specialty the registrar shall make the entry if satisfied that—

(a) the applicant—


(i) holds a qualification approved by the Council under section 12(7)(b)[26],

(ii) in the case of a contact lens specialty, is a dispensing optician who has been certified under rule 5 of the Contact Lens (Qualifications Etc.) Rules 1988, or

(iii) holds a qualification granted outside the United Kingdom which attests to an equivalent content and standard of education and training to a qualification in the specialty approved by the Council under section 12(7)(b);



(b) the application is in accordance with rules 4 and 9;

(c) any requirements imposed upon him by rules made under section 11A (requirement for continuing education and training) have been met; and

(d) any application fee has been paid.

    (2) In relation to a person who falls within section 8(1A)(a), the registrar shall in determining an application take into account—

(a) if that qualification has been accepted by another EEA State as qualifying the applicant to practise in that State, that acceptance; and

(b) all qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application

Notice of refusal
     14. Where the registrar determines to refuse an application under rule 3 or 4, the registrar shall send a notice to the applicant—

(a) stating that the application has been refused; and

(b) giving the reasons for that refusal.

Restoration following erasure of registration by the Fitness to Practise Committee
     15. The registrar shall not restore to a register the name of any person who or which has been the subject of a direction to erase that person's registration which is made by the Fitness to Practise Committee under section 13F (powers of the Fitness to Practise Committee)[27], unless he is directed to do so by the Registration Appeals Committee.

Restoration following removal of an entry of a specialty by the Fitness to Practise Committee
     16. The registrar shall not restore to a register an entry relating to a specialty which has been the subject of a direction to remove the entry which is made by the Fitness to Practise Committee under section 13F, unless he is directed to do so by the Registration Appeals Committee.

(a) he has received from the registrant by the relevant date a fully completed application form for retention of registration which is accordance with rule 18 (whether or not the registrant was sent or received an application form pursuant to rule 17(2));

(b) the registrant is entitled to be registered under section 8, 8A(3) or 9;

(c) the registrant is covered by a policy of insurance which meets the requirements of section 10A (insurance for individual registrants and persons applying for their names to be registered)[28]; or

(d) the application fee has been paid.

    (2) Where the registrar removes a registrant's name from a register under paragraph (1), he shall send a notice to him giving details of the action taken and stating the reasons for it.

    (3) The "relevant date" for the purposes of paragraph (1)—

(a) in relation to a student registrant, means 31st August of each year (commencing with 31st August 2007);

(b) in relation to any other registrant, means the 31st March of each year (commencing with 31st March 2006).

(a) any changes to, or errors in, the information previously supplied under these Rules or under the General Optical Council (Registration and Enrolment) Rules 1976[29]; and

(b) any information which the registrant has not provided but which is required under these Rules when an application is made for—


(i) registration in a register on which the registrant's name already appears; or

(ii) the entry in a register of particulars of a specialty which are already entered in the register against his name.

Incorrect information recorded in a register
     23. —(1) If the registrar becomes aware that a registrant has failed (or may have failed) to comply with rule 22, the registrar may serve a notification on the registrant of the respect in which the information held by him appears to be incorrect or incomplete—

(a) inviting the registrant to notify him, within the period of 28 days beginning with the date of service of the notification, as to—


(i) the correct information,

(ii) if applicable, the date upon which the old information became incorrect, and

(iii) the reason why the correct information has not previously been brought to the attention of the registrar; and



(b) warning the registrant that if at the end of the period of 28 days—



(i) the registrar is not satisfied that the information provided by the registrant is accurate or complete, or

(ii) has received no response to the notification,



he may remove from the appropriate register the registrant's name or the entry relating to a specialty to which the information relates.

    (2) Paragraph (1) does not apply in a case falling within rule 20.

Removal of registration following notification under rule 23
     24. Where the registrar has served a notification under rule 23(1) and—

(a) he is not satisfied that the information provided by the registrant is accurate and complete;

(b) he is not satisfied that the registrant is covered by a policy of insurance which meets the requirements of section 10A (insurance for individual registrants and persons applying for their names to be registered); or

(c) he has received no response to the notification,

he may, after the period of 28 days beginning with the service of the notification, remove the—

(i) registrant's name from the register, or

(ii) entry against his name in the register relating to a specialty,



to which the information relates.

Erasure of registration and removal of an entry of a specialty
     25. Where a direction has been made by the Fitness to Practise Committee for—

(a) the erasure of a name from a register; or

(b) the removal from a register of an entry relating to a specialty;

the registrar shall erase the name or remove the entry.

[2] S.I. 1977/176.back

[3] 1989 c. 44. Sections 7 and 10(1) were amended, sections 8A, 10(1A) and 31A were inserted, section 9(1) was substituted, and section 10(5) was added, by S.I. 2005/848.back

[4] Section 10(1A)(d) enables provision to be made so as to apply to specialties any rules which are made under section 10(1) in relation to the entry or retention of a person's name in a register.back

[5] Section 5C(1) was inserted by S.I. 2005/848.back

[6] Section 5A was inserted by S.I. 2005/848.back

[7] Section 8A was inserted by S.I. 2005/848.back

[8] Applications for restoration of registration following erasure on a direction by the Fitness to Practice Committee under section 13F of the Opticians Act 1989 (c.44) are made under the General Optical Council (Registration Appeals) Rules 2005 (the rules are scheduled to S.I. 2005/ 1477back

[9] Applications for restoration of an entry relating to a specialty following its removal on a direction by the Fitness to Practice Committee under section 13F of the Opticians Act 1989 (c.44) are made under the General Optical Council (Registration Appeals) Rules 2005.back

[10] Section 8(1A) was inserted by S.I. 2005/848. The evidence required by an applicant seeking registration under section 8(1A) is governed by S.I. 2005/18 or S.I. 2002/2934.back

[11] 1995 c. 46. Section 302(9)(a) was amended by Schedule 17 to the Communications Act 2003 (c. 21).back

[12] 1992 c. 5. Section 115A(7A) and (7B) were inserted by section 14 of the Social Security Fraud Act 2001 (c. 11).back

[13] The evidence required by an applicant seeking registration under section 8(1A) is governed by S.I. 2005/18 or S.I. 2002/2934.back

[14] Section 10A was inserted by S.I. 2005/848.back

[15] 1995 c.46. Section 302(9)(a) was amended by Schedule 17 to the Communications Act 2003 (c. 21).back

[16] 1992 c.5. Section 115A(7A) and (7B) were inserted by section 14 of the Social Security Fraud Act 2001 (c. 11).back

[17] Section 9(2) was amended by S.I. 2005/848.back

[18] 1985 c.6. Modifications and amendments of section 234 were made by section 8(1) of the Companies Act 1989 (c.40), section 9(1) and (2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27) and S.I. 1996/189, 1997/571 and 2004/3219.back

[19] 1965 (c.12). Section 2(3) was amended by S.I. 2001/2617 and S.I. 2001/3649.back

[20] 1969 c.24.back

[21] The Rules were scheduled to S.I. 1985/856 and amended by Rules scheduled to S.I. 1988/1305.back

[22] S.I. 1997/1830; relevant amending instruments are S.I. 1998/1178, 2000/2899, 2002/549, 2003/696, 2003/2915, 2004/2, 2004/696 and 2004/1189 and 2005/848 and 2005/.back

[23] Section 13D(2) was inserted by S.I. 2005/848.back

[24] Section 10A was inserted by S.I. 2005/848.back

[25] Section 11A was inserted by S.I. 2005/848.back

[26] Section 12(11) applies section 12(7)(b) to specialties.back

[27] Section 13F was inserted by S.I. 2005/848.back

[28] Section 10A was inserted by S.I. 2005/848.back

[29] The Rules were scheduled to S.I. 1977/176.back

 © Crown copyright 2005