- appropriate course of instruction
means a course of instruction as a dispensing optician or an optometrist provided by an approved training establishment;”
- approved qualification
means any qualification approved by the Council under section 12(7)(b) above;”
- approved training establishment
means an establishment approved by the Council under section 12(7)(a) above;
- body corporate
includes a limited liability partnership and, in Scotland, a partnership;
- business registrant
means a body corporate registered in the register maintained by the Council under section 9 above;”
- electronic communication
has the same meaning as in the Electronic Communications Act 2000;
- enactment
includes— a a provision of, or an instrument made under, an Act of the Scottish Parliament;
- financial penalty order
means an order under Part 2A above that a registrant shall pay to the Council a sum specified in the order;”
- health case
means any case in which the Fitness to Practise Committee has determined that a registered optometrist’s or registered dispensing optician’s fitness to practise or a student registrant’s fitness to undertake training— a is impaired by reason of a matter falling within paragraph (f) of subsection (2) of section 13D above, but b is not impaired by any matter falling within any other paragraph of that subsection. 13H 1 In any case other than a health case in which the Fitness to Practise Committee have the power to impose a direction under section 13F above, they may impose, either in addition to the direction or instead of it, a financial penalty order. 2 A financial penalty order may specify any sum not exceeding the maximum penalty. 3 In this section, the “maximum penalty” means a sum not exceeding £50,000 or such higher sum as may be substituted by an order made under subsection (4) below. 4 If it appears to the Council that there has been a change in the value of money since the last occasion when the financial penalty was fixed, whether by this section or by an order under this section, the Council may by order amend subsection (3) above so as to substitute for the
- Hearings Panel
means the panel of persons appointed under section 5D(1) above;
- individual registrant
means any person whose name is in a register maintained by the Council under section 7 or 8A above;”
- insurance
means— a a policy of insurance providing cover for liabilities which may be incurred in carrying out work as a registered optometrist or registered dispensing optician;
- maximum penalty
means a sum not exceeding £50,000 or such higher sum as may be substituted by an order made under subsection (4) below. 4 If it appears to the Council that there has been a change in the value of money since the last occasion when the financial penalty was fixed, whether by this section or by an order under this section, the Council may by order amend subsection (3) above so as to substitute for the sum for the time being specified in subsection (3) above such other sum as appears to the Council justified by the change. 5 The Council shall publish an order made under subsection (4) above in such form as they consider appropriate. 6 An amendment made by order under subsection (4) above shall not apply where the event which gave rise to the allegation occurred before the order came into force. 7 A financial penalty order shall specify the period within which the sum specified in it is to be paid. 8 The Council may recover the sum specified in a financial penalty order from the person or body against whom the order was made if that person or body does not comply with it within the period specified in the order. 9 The Council shall pay any sum paid under a financial p
- ophthalmic optician
means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist.”
- optician
means a person whose name is entered in the register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989;”
- optometrist
means a registered optometrist;”
- person concerned
means a person in respect of whom an appealable registration decision is made or, as the case may be, an applicant in respect of whom paragraph 3(2) below applies;
- person making the decision
means the registrar or, as the case may be, the Council;
- qualified registered optometrist or registered dispensing optician
means a registered optometrist or registered dispensing optician who holds an approved qualification, as defined in the Contact Lens (Qualifications etc) Rules 1988 (scheduled to the General Optical Council (Contact Lens (Qualifications etc) Rules) Order of Council 1988) or has been granted certification as a person qualified to fit contact lenses in accordance with the provisions of those Rules;”
- register
means, unless the context otherwise requires, any one of the following registers— (a) the register of optometrists maintained under section 7 above;
- registered ophthalmic optician
means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989;”
- registered optometrist
means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989;”
- 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. 13E 1 The Council may make rules providing for— a the registrar;
- relevant court
means— a in the case of a person whose address in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;
- responsible officer
means any director, manager, secretary or other similar officer of the body corporate, or of a branch or department of the body corporate, or any person purporting to act in any such capacity.”
- student registrant
means a person whose name is in one of the registers maintained by the Council under section 8A above;”
- the relevant court
means— a in the case of a person whose address in the appropriate register is, or if he were registered would be, in Scotland, means the Court of Session;
- the requisite period
means the period of three months beginning with the date there is in the possession of the registrar or, as the case may be, the Council, sufficient information to make a decision of a kind specified in paragraphs (a) to (h) of paragraph 2(1) below;
- the sheriff
means the sheriff in whose sheriffdom is situated the address of the person who fails to supply the information or produce the document. 9 For the purposes of subsection (3) above, “enactment” includes— a a provision of, or an instrument made under, an Act of the Scottish Parliament;
- working day
means any day which is not a Saturday, Sunday, bank holiday or other public holiday. 23B 1 For the purposes of proceedings under this Act in England and Wales or in Northern Ireland before— a the Fitness to Practise Committee;