The General Optical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules Order of Council 2008

Made: 6th October 2008

Coming into force: 3rd November 2008

At the Council Chamber, Whitehall, the 6th day of October 2008By the Lords of Her Majesty’s Most Honourable Privy Council

Their Lordships, having taken these Rules into consideration, are pleased to, and do approve them.

This Order may be cited as the General Optical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules Order of Council 2008, and comes into force on 3rd November 2008.

SCHEDULE — The General Optical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules 2008

The General Optical Council make the following Rules in exercise of their powers under sections 23C and 31A of the Opticians Act 1989.

Before making the Rules, in accordance with section 23C(10) of that Act, the General Optical Council consulted such organisations representing the interests of registrants as it appears appropriate to the Council to consult.

Citation and commencement

1

These Rules may be cited as the General Optical Council (Fitness to Practise) (Amendment in Relation to Standard of Proof) Rules 2008 and come into force on 3rd November 2008.

Insertion of new Rule

2

In the General Optical Council (Fitness to Practise) Rules 2005², after rule 50 (findings), insert—

(50A) The standard of proof applicable in any proceedings before the Fitness to Practise Committee where the Presenting Officer has addressed the Fitness to Practice Committee in relation to each allegation in accordance with rule 45 on or after 3rd November 2008 is the standard of proof applicable to civil proceedings.

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order approves an amendment made by the General Optical Council to the General Optical Council (Fitness to Practise) Rules 2005. The effect of the amendment is to apply the standard of proof which is applicable to civil proceedings to all proceedings before the Fitness to Practice Committee which commence on or after 3rd November 2008.

Footnotes