[13D Allegations]

[13D Ìý´¡±ô±ô±ð²µ²¹³Ù¾±´Ç²Ô²õ±Õ

[(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

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