s 13D Allegations
(1) This section applies where an allegation is made to the Council against— (a) a registered optometrist or a registered dispensing optician that his fitness to practise is or may be impaired; (b) a business registrant that its fitness to carry on business as an optometrist or a dispensing optician, or both, is or may be impaired; or (c) a student registrant that his fitness to undertake training as an optometrist or a dispensing optician is or may be impaired. (2) The only grounds upon which the fitness to practise of a registered optometrist or registered dispensing optician, or the fitness to undertake training of a student registrant, is “impaired” for the purposes of this Act are— (a) misconduct; (b) except in the case of a student registrant, deficient professional performance; (c) a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence; (d) the registrant having accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution); (e) the registrant, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging him absolutely; (f) adverse physical or mental health; or (g) 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 his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect. (3) The only grounds upon which a business registrant’s fitness to carry on business as an optometrist or a dispensing optician or to carry on both businesses is impaired for the purposes of this Act are— (a) misconduct by the business registrant or by one of its directors; (b) practices or patterns of behaviour occurring within the business which— (i) the registrant knew or ought reasonably to have known of; and (ii) amount to misconduct or deficient professional performance; (c) the instigation by the business registrant of practices or patterns of behaviour within the business where that practice or behaviour amounts, or would if implemented amount, to misconduct or deficient professional performance; (d) a conviction or caution in the British Islands of the business registrant or one of its directors for a criminal offence, or a conviction elsewhere for an offence which, if committed in England or Wales, would constitute a criminal offence; (e) the registrant or one of its directors having accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992; (f) the registrant or one of its directors, in proceedings in Scotland for an offence, having been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 discharging it or him absolutely; (g) 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— (i) the business registrant’s fitness to carry on business as a member of that profession is impaired; or (ii) the fitness of a director of the business registrant to practise that profession is impaired, or a determination by a regulatory body elsewhere to the same effect. (4) For the purposes of this section— (a) references to a conviction include a conviction by court martial; and (b) the allegation may refer to acts or omissions which occurred outside the United Kingdom or at a time when the registrant was not registered. (5) The Investigation Committee shall investigate the allegation made against the registrant and decide whether it ought to be considered by the Fitness to Practise Committee. (6) If the Investigation Committee decide that the allegation ought to be considered by the Fitness to Practise Committee— (a) they shall give a direction to that effect to the registrar; (b) the registrar shall refer the allegation to the Fitness to Practise Committee; and (c) the registrar shall serve a notification of the Investigation Committee’s decision on the registrant who, or which, is the subject of the allegation, and on the person making the allegation. (7) If the Investigation Committee decide that the allegation ought not to be considered by the Fitness to Practise Committee, they may give a warning to the registrant who, or which, is subject to the allegation regarding his, or its, future conduct or performance. (7A) In deciding whether to give a warning under subsection (7), the Investigation Committee must have regard to the over-arching objective. (8) If the Investigation Committee decide that the allegation ought not to be considered by the Fitness to Practise Committee and that no warning is to be given under subsection (7) above— (a) they shall give a direction to that effect to the registrar; and (b) the registrar shall serve a notification of the Committee’s decision on the registrant who, or which, is the subject of the allegation, on the person making the allegation and on those persons specified in section 13C(2) above. (9) If the Investigation Committee are of the opinion that the Fitness to Practise Committee should consider making an order for interim suspension or interim conditional registration under section 13L below in relation to the registrant who, or which, is the subject of the allegation— (a) they shall give a direction to that effect to the registrar; (b) the registrar shall refer the matter to the Fitness to Practise Committee for the Committee to decide whether to make such an order; and (c) the registrar shall serve notification of the decision on the registrant who, or which, is the subject of the allegation, and on the person making the allegation. (10) In this section— (a) “enactment” includes— (i) a provision of, or an instrument made under, an Act of the Scottish Parliament; (ii) a provision of, or an instrument made under, Northern Ireland legislation; and (iii) a provision of subordinate legislation (within the meaning of the Interpretation Act 1978); and (b) “regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession.