ABDO shares stance on business regulation

The General Optical Council’s three-month consultation on a new model of business regulation, which would extend regulation to all businesses providing specified restricted functions, has now closed – and ABDO has submitted its official response.

As reported when the consultation was launched late last year, the specified restriction functions under review are:

• Sight testing
• Contact lens fitting
• Supply of contact lenses (prescription and zero power cosmetic contact lenses)
• Spectacle sales to the under-16s and those who are registered sight impaired or severely sight impaired

The main consultation proposals, which would require legislative reform, include: Extending regulation to all entities providing the specified restricted functions, unless exempted, including university eye clinics and charities

• Removing the current legislative requirement for some categories of body corporates to have a majority of registrant directors
• A model of assurance that includes requiring registrants to nominate a head of optical practice with overall responsibility for the conduct of the business, in accordance with the GOC’s regulatory arrangements
• Replacing the maximum fine of £50,000 with an uncapped penalty for business registrants receiving a sanction following a hearing and introducing a power to visit a business, should it be required as part of the fitness to carry on business process
• Making participation in the consumer redress scheme – the Optical Consumer Complaints Service – mandatory and seeking views on whether the scheme should operate on a mediation or adjudication model

Describing the current framework as “an outdated, complex and piecemeal system”, Steve Brooker, GOC director of regulatory strategy, said: “In 2022, we opened a call for evidence and consultation on the Opticians Act and associated policies. The proposals for an updated framework of business regulation are the next step in our journey towards becoming a modern, flexible and agile regulator.”

The GOC estimates that only around one half of optical businesses fall under its regulation– creating “a public protection gap and an uneven playing field for businesses”.

“Our proposals aim to strengthen public protection, provide a fairer trading environment for businesses, and support the planned shift in care from hospitals to communities,” added Steve.

Stakeholders and individual registrants were invited to share their responses to the consultation by the deadline of 22 January 2025.

Read ABDO’s response to the consultation on the ABDO consultation hub.

Read the GOC’s plans for next steps.