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Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

163

 

Part 2

Amendments of Opticians Act 1989

24         

In this Part of this Schedule “the 1989 Act” means the Opticians Act 1989

(c. 44).

25         

In section 3 of the 1989 Act (the Companies Committee), in subsection (1), for

5

“, the Registration Appeals Committee or the Fitness to Practise Committee”

substitute “or the Registration Appeals Committee”.

26         

In section 4 of the 1989 Act (the Investigation Committee), in subsection (2),

for “Fitness to Practise Committee” substitute “Adjudicator”.

27         

In section 5A of the 1989 Act (the Registration Appeals Committee), in

10

subsection (1), for the words from “any decision of the registrar” to the end

substitute “any decision which is an appealable registration decision for the

purposes of Schedule 1A”.

28         

Omit section 5C of the 1989 Act (the Fitness to Practise Committee).

29         

In section 5D of the 1989 Act (the Hearings Panel), in subsection (1), omit

15

“the Fitness to Practise Committee and”.

30         

After section 13A of the 1989 Act insert—

“13AA   

 Fitness to practise findings: guidance

(1)   

The Council may publish guidance about factors which they

consider to indicate that—

20

(a)   

a registrant (“R”) whose fitness to practise, fitness to carry on

business or (as the case may be) fitness to undertake training

is found to be impaired should or should not have—

(i)   

R’s name erased from the appropriate register;

(ii)   

R’s registration suspended;

25

(iii)   

R’s registration suspended forthwith in accordance

with section 13I;

(iv)   

R’s registration made conditional;

(v)   

R’s registration made conditional forthwith in

accordance with section 13I;

30

(vi)   

a financial penalty order made against R;

(b)   

a registrant (“R”) whose fitness to practise is found to be

impaired on the ground of deficient professional

performance should or should not have—

(i)   

an entry relating to a speciality or proficiency to the

35

performance of which the deficiency relates removed

from the appropriate register;

(ii)   

the entry relating to that speciality or proficiency

removed from the appropriate register temporarily;

(iii)   

the entry relating to that speciality or proficiency

40

removed forthwith in accordance with section 13I;

(iv)   

the entry relating to that speciality or proficiency

made conditional;

(v)   

the entry relating to that speciality or proficiency

made conditional forthwith in accordance with

45

section 13I;

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

164

 

(c)   

a registrant whose fitness to practise, fitness to carry on

business or (as the case may be) fitness to undertake training

is found not to be impaired should or should not be given a

warning regarding the registrant’s future conduct or

performance;

5

(d)   

a person the entry of whose name in a register is found to

have been fraudulently procured or incorrectly made should

or should not have the person’s name removed;

(e)   

a person in respect of whom an entry relating to a speciality

or proficiency is found to have been fraudulently procured or

10

incorrectly made in a register should or should not have the

entry removed;

(f)   

a person whose name has been erased from a register should

or should not have the person’s name restored to the

appropriate register;

15

(g)   

a person who has had an entry relating to a speciality or

proficiency removed from a register should or should not

have the entry restored to the appropriate register.

(2)   

The Council may also publish guidance about factors which they

consider to indicate—

20

(a)   

that requirements of a particular type should be imposed as

conditions in the case of a registrant whose registration is to

be made conditional or a registrant in respect of whom an

entry relating to a speciality or proficiency is to be made

conditional;

25

(b)   

the period of time for which a registrant’s registration should

be suspended or made conditional or an entry relating to a

speciality or proficiency of a registrant should be removed

from the appropriate register or made conditional.

(3)   

The Adjudicator must take account of guidance published under

30

subsection (1) or (2) in exercising its functions under sections 13F,

13H, 13I, 13J and 13K.”

31    (1)  

Section 13D of the 1989 Act (allegations) is amended as follows.

      (2)  

In subsection (2)(g) after “social care profession” insert “, or by the

Adjudicator,”.

35

      (3)  

In subsection (3)(g) after “social care profession” insert “, or by the

Adjudicator,”.

      (4)  

In subsection (5) for “Fitness to Practise Committee” substitute

“Adjudicator”.

      (5)  

In subsection (6) for “Fitness to Practise Committee” (in both places)

40

substitute “Adjudicator”.

      (6)  

In subsections (7) and (8) for “Fitness to Practise Committee” substitute

“Adjudicator”.

      (7)  

In subsection (9)—

(a)   

for “Fitness to Practise Committee” (where first occurring) substitute

45

“Adjudicator”, and

(b)   

in paragraph (b) for “Fitness to Practise Committee for the

Committee” substitute “Adjudicator for the Adjudicator”.

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

165

 

32    (1)  

Section 13F of the 1989 Act (powers of the Fitness to Practise Committee) is

amended as follows.

      (2)  

In the heading for “Fitness to Practise Committee” substitute “Adjudicator”.

      (3)  

In subsection (1) for “Fitness to Practise Committee” substitute

“Adjudicator”.

5

      (4)  

In subsection (2)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

(b)   

for “they may if they think” substitute “the Adjudicator may if it

thinks”.

10

      (5)  

In subsection (3)(c)—

(a)   

for “Committee see” substitute “Adjudicator sees”, and

(b)   

for “his or its interests” substitute “the registrant’s interests”.

      (6)  

In subsection (4)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

15

finds”,

(b)   

for “Committee may” substitute “Adjudicator may”, and

(c)   

in paragraph (c)—

(i)   

for “Committee see” substitute “Adjudicator sees”, and

(ii)   

for “his interests” substitute “the registrant’s interests”.

20

      (7)  

In subsection (5)—

(a)   

for “Fitness to Practise Committee find” substitute “Adjudicator

finds”, and

(b)   

for “they” substitute “the Adjudicator”.

      (8)  

In subsection (6) for “Fitness to Practise Committee have” substitute

25

“Adjudicator has”.

      (9)  

In subsection (7)—

(a)   

for “Fitness to Practise Committee may, if they think” substitute

“Adjudicator may (whether or not of its own motion), if it thinks”,

(b)   

in paragraph (c)—

30

(i)   

for “Committee think” substitute “Adjudicator thinks”, and

(ii)   

for “his or its interests” substitute “the registrant’s interests”,

and

(c)   

for “Committee shall” substitute “Adjudicator shall”.

     (10)  

In subsection (8)—

35

(a)   

in paragraph (a) for “Fitness to Practise Committee find” substitute

“Adjudicator finds”, and

(b)   

for “they” substitute “the Adjudicator”.

     (11)  

In subsection (10)—

(a)   

for “Fitness to Practise Committee have” substitute “Adjudicator

40

has”,

(b)   

for “Fitness to Practise Committee must” substitute “Adjudicator

must”, and

(c)   

in paragraph (a) for “them” substitute “the Adjudicator”.

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

166

 

     (12)  

In subsection (11)—

(a)   

for “Fitness to Practise Committee” substitute “Adjudicator”, and

(b)   

in paragraph (c)—

(i)   

for “Committee see” substitute “Adjudicator sees”, and

(ii)   

for “his or its interests” substitute “the registrant’s interests”.

5

     (13)  

In subsection (13)—

(a)   

for the words from “Fitness to Practise Committee” to “they think”

substitute “Adjudicator may (whether or not of its own motion), if it

thinks”, and

(b)   

for “Committee must” substitute “Adjudicator must”.

10

33    (1)  

Section 13G of the 1989 Act (provisions supplementary to section 13F) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

for “Fitness to Practise Committee” substitute “Adjudicator”,

(b)   

in paragraph (a) for “give” substitute “gives”, and

15

(c)   

in paragraph (b) for “vary” substitute “varies”.

      (3)  

In subsection (6) for “Fitness to Practise Committee” substitute

“Adjudicator”.

34         

In section 13H of the 1989 Act (financial penalty order), in subsection (1)—

(a)   

for “Fitness to Practise Committee have” substitute “Adjudicator

20

has”, and

(b)   

for “they” substitute “the Adjudicator”.

35    (1)  

Section 13I of the 1989 Act (power to order immediate suspension etc after a

finding of impairment of fitness to practise) is amended as follows.

      (2)  

In subsections (1) and (2) for “Fitness to Practise Committee” substitute

25

“Adjudicator”.

      (3)  

In subsection (4) for “Fitness to Practise Committee make” substitute

“Adjudicator makes”.

36    (1)  

Section 13J of the 1989 Act (removal from a register on grounds of fraud or

error) is amended as follows.

30

      (2)  

In subsection (1)—

(a)   

for “Fitness to Practise Committee” substitute “Adjudicator”, and

(b)   

for “Committee may, if they think” substitute “Adjudicator may, if it

thinks”.

      (3)  

In subsection (2) for “Fitness to Practise Committee direct” substitute

35

“Adjudicator directs”.

37    (1)  

Section 13K of the 1989 Act (restoration of names to a register) is amended

as follows.

      (2)  

In subsections (2) and (3) for “Registration Appeals Committee” substitute

“Adjudicator”.

40

      (3)  

In subsection (6)—

(a)   

for “Registration Appeals Committee may, if they think” substitute

“Adjudicator may, if it thinks”,

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

167

 

(b)   

for “direct the registrar to restore” substitute “direct that”, and

(c)   

after “proficiency,” insert “be restored”.

      (4)  

In subsection (7)—

(a)   

for “Registration Appeals Committee” substitute “Adjudicator”,

(b)   

for “they consider” substitute “the Adjudicator considers”,

5

(c)   

for “they must” substitute “the Adjudicator must”, and

(d)   

for “them” substitute “it”.

      (5)  

In subsection (8) for “Registration Appeals Committee” substitute

“Adjudicator”.

      (6)  

In subsection (9) for “Registration Appeals Committee give” substitute

10

“Adjudicator gives”.

      (7)  

In subsection (10) for “Registration Appeals Committee” substitute

“Adjudicator”.

38    (1)  

Section 13L of the 1989 Act (interim orders) is amended as follows.

      (2)  

In subsection (1)—

15

(a)   

for “Fitness to Practise Committee are” substitute “Adjudicator is”,

and

(b)   

for “the Committee” substitute “the Adjudicator”.

      (3)  

In subsection (2)(b) for “Committee think” substitute “Adjudicator thinks”.

      (4)  

In subsection (3)—

20

(a)   

for “Fitness to Practise Committee make” substitute “Adjudicator

makes”, and

(b)   

for “the Committee” substitute “the Adjudicator”.

      (5)  

In subsections (4) and (6) for “Fitness to Practise Committee” substitute

“Adjudicator”.

25

      (6)  

In subsection (9) for “Fitness to Practise Committee” (in both places)

substitute “Adjudicator”.

      (7)  

In subsection (11)—

(a)   

for “Fitness to Practise Committee” substitute “Adjudicator”,

(b)   

for “the Committee” substitute “the Adjudicator”, and

30

(c)   

omit “and rules made under section 23C below”.

39         

After section 23A of the 1989 Act insert—

“23AA   

References to Investigation Committee

(1)   

Where, in the course of any proceedings before the Adjudicator, the

Adjudicator forms the opinion (on reasonable grounds) that there is

35

a matter which ought to be investigated by the Investigation

Committee—

(a)   

the Adjudicator may notify the registrar of that matter; and

(b)   

on being so notified, the registrar shall refer the matter to the

Investigation Committee and the Investigation Committee

40

shall investigate the matter.

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

168

 

(2)   

Nothing in subsection (1) prevents the Adjudicator from considering

the matter itself, whether or not it has reached a decision in the

proceedings.”

40    (1)  

Section 23B of the 1989 Act (procedure of Fitness to Practise Committee and

Registration Appeals Committee) is amended as follows.

5

      (2)  

In the heading omit “Fitness to Practise Committee and”.

      (3)  

Omit subsection (1)(a) and the word “or” following it.

41    (1)  

Section 23C of the 1989 Act (powers of the Council to make rules) is

amended as follows.

      (2)  

Omit subsection (1)(a)(i) and the word “and” following it.

10

      (3)  

Omit subsection (2)(e) and (f).

42         

After section 23C of the 1989 Act insert—

“23CA   

Assessments

(1)   

If the Adjudicator considers (on reasonable grounds) that it would be

of assistance to it, in dealing with any proceedings before it, for there

15

to be an assessment of—

(a)   

the standard and quality of the work done or being done by

the person to whom the proceedings relate (“P”); or

(b)   

the health, or specific aspects of the health, of P,

   

the Adjudicator may request the registrar to arrange for an assessor

20

to be appointed to report on the standard and quality of P’s work or

(as the case may be) on P’s health or specific aspects of P’s health.

(2)   

On receipt of a request under subsection (1), the registrar shall

arrange for one or more assessors to be appointed in accordance with

rules made by the Council.

25

(3)   

The Council may make rules about the carrying out of the

assessment and the making of the report.

(4)   

If P fails to submit to, or co-operate with, the assessment the

Adjudicator may draw such inferences from P’s failure as it

considers appropriate.

30

(5)   

This section does not apply if the person to whom the proceedings

relate is a body corporate.”

43         

In section 23D of the 1989 Act (legal advisers) omit subsection (2)(a) and the

word “and” following it.

44         

In section 23E of the 1989 Act (other advisers), in subsections (3) and (4), omit

35

“the Fitness to Practise Committee and”.

45    (1)  

Section 23G of the 1989 Act (appeals from the Registration Appeals

Committee and the Fitness to Practise Committee) is amended as follows.

      (2)  

In the heading for “Fitness to Practise Committee” substitute “Adjudicator”.

      (3)  

In subsection (1)—

40

(a)   

in paragraphs (a) and (b) for “Fitness to Practise Committee”

substitute “Adjudicator”, and

 
 

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 2 — Amendments of Opticians Act 1989

169

 

(b)   

in paragraph (d) for “Registration Appeals Committee” substitute

“Adjudicator”.

      (4)  

In subsection (6)—

(a)   

for “Fitness to Practise Committee” (where first occurring) substitute

“Adjudicator”,

5

(b)   

in paragraph (b) for “direction or variation or order” substitute

“direction, variation, order or (as the case may be) determination”,

(c)   

in paragraph (c) for “Fitness to Practise Committee” substitute

“Adjudicator”, and

(d)   

in paragraph (d) for “registrar for him to refer it to the Fitness to

10

Practise Committee” substitute “Adjudicator”.

46         

After section 23H of the 1989 Act insert—

“23I    

Reference of cases by Council to court

(1)   

This section applies to—

(a)   

a decision of the Adjudicator under section 13F giving—

15

(i)   

a direction for suspension, including a direction

extending a period of suspension;

(ii)   

a direction for temporary removal of an entry relating

to a speciality or proficiency, including a direction

extending a period of temporary removal;

20

(iii)   

a direction for conditional registration, including a

direction extending a period of conditional

registration;

(iv)   

a direction for conditional inclusion of an entry

relating to a speciality or proficiency, including a

25

direction extending a period of conditional inclusion;

(v)   

a direction varying any of the conditions imposed by

a direction for conditional registration;

(vi)   

a direction varying any of the conditions imposed by

a direction for conditional inclusion; and

30

(b)   

a decision of the Adjudicator under section 13H to impose a

financial penalty order.

(2)   

This section also applies to—

(a)   

a decision of the Adjudicator under section 13F not to give—

(i)   

a direction falling within subsection (1)(a);

35

(ii)   

a direction for erasure;

(iii)   

a direction for removal (other than temporarily) of an

entry relating to a speciality or proficiency;

(iv)   

a direction for indefinite suspension,

   

(whether because of a finding that the registrant’s fitness to

40

practise, fitness to carry on business or (as the case may be)

fitness to undertake training is not impaired or otherwise);

(b)   

a decision of the Adjudicator under section 13F—

(i)   

giving a direction that a suspension be terminated;

(ii)   

giving a direction that a temporary removal of an

45

entry relating to a speciality or proficiency be

terminated;

 
 

 
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