Professional conduct and fitness to practise

25 Revocation of interim suspension orders.

(1)

On an application made by the osteopath concerned, in a case falling within section 24(1)(a), an interim suspension order may be revoked by the Committee which made it on the ground that a change in the circumstances of the case has made the order unnecessary.

(2)

Where an osteopath has made an application under subsection (1) which has been refused, he may appeal to the appropriate court against the refusal.

(3)

Where, in relation to an interim suspension order—

(a)

an appeal has been made under section 24(6) against the making of the order, or

(b)

a further application for the order to be revoked has been made after an unsuccessful appeal under this section against the refusal of an earlier application,

leave of the appropriate court shall be required for any appeal under subsection (2) in relation to that order.

(4)

Except in a case falling within subsection (5), no application under subsection (1) shall be entertained by the Committee concerned if it is made before the end of the period of six months beginning—

(a)

with the date on which the order was imposed; or

(b)

where an unsuccessful appeal against the order has been made under section 24(6), the date on which the appeal was dismissed.

(5)

Where a previous application has been made under subsection (1) in relation to an interim suspension order, no further such application shall be entertained by the Committee concerned if it is made before the end of the period of six months beginning with the date on which the previous application was finally disposed of.

(6)

Any appeal under subsection (2) must be brought before the end of the period of 28 days beginning with the date on which notice of the refusal is sent to the osteopath.

(7)

On an appeal under subsection (2) the court may terminate the suspension.

(8)

On such an appeal the decision of the court shall be final.

(9)

In this section “the appropriate court” has the same meaning as in section 24.