Opticians Act, 1956

Removal of names from the Register of Dispensing Opticians.

38.—(1) The Board may, in accordance with rules, remove the name of a person from the Register of Dispensing Opticians.

(2) Rules made for the purposes of this section shall, in particular, provide that where it is proposed to remove the name of any person (otherwise than on account of his having failed to pay an annual fee in respect of retention on the Register of Dispensing Opticians), proceedings in that behalf shall be instituted before the Board and that in those proceedings the defendant shall have the opportunity of answering the allegations made against him and may, if he so desires, be represented by solicitor or by solicitor and counsel.

(3) Rules made for the purposes of this section shall specify the causes for which and the conditions under which a name may be removed, and such causes shall, in particular, include a contravention of section 48 of this Act (excluding a contravention in respect of which prosecution proceedings are instituted but are dismissed on the merits, but, apart from that exclusion, including both a contravention in respect of which prosecution proceedings are instituted and a contravention in respect of which prosecution proceedings are not instituted).

(4) The Board shall notify the Minister of the removal of a name from the Register of Dispensing Opticians.