Osteopaths Act 1993

29 Appeals against decisions of the Registrar. U.K.

(1) Where the Registrar—

(a) refuses to register an applicant for registration under this Act,

[F1 (aa) fails to notify an applicant for full registration who is a specified state professional of the result of the application in accordance with section 6A(1)(e),]

(b) registers such an applicant with provisional or conditional registration,

F2 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) refuses to renew any registration,

(d) removes the name of a registered osteopath from the register on the ground that he has breached one or more of the conditions subject to which his registration had effect (otherwise than under an order of the Professional Conduct Committee), or

(e) refuses to grant an application for the conversion of a conditional, or provisional, registration into full registration,

the person aggrieved may appeal to the General Council.

(2) Any such appeal shall be subject to such rules as the General Council may make for the purpose of regulating appeals under this section.

(3) An appeal to the General Council [F3 under subsection (1)(a), (b), (c), (d) or (e)] must be made before the end of the period of 28 days beginning with the date on which notice of the Registrar’s decision is sent to the person concerned.

[F4 (3A) An appeal to the General Council under subsection (1)(aa) must be made before the end of the period of 28 days beginning with the day on which the period for notifying the specified state professional of the result of the application expires (see section 6A(1)(e)).]

[F5 (4) A person aggrieved by the decision of the General Council on an appeal under this section may appeal [F6 in England and Wales to the county court or in Northern Ireland] to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, [F7 to] the sheriff in whose sheriffdom the address is situated.

(4A) On an appeal under subsection (4) above, the court (or the sheriff) may—

(a) dismiss the appeal,

(b) allow the appeal and quash the decision appealed against,

(c) substitute for the decision appealed against any other decision which could have been made by the Registrar, or

(d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.]

Textual Amendments

F1 S. 29(1)(aa) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 49(a)

F2 S. 29(1)(ba) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 6 para. 8 (with reg. 12A, Sch. 6 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 14); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 29(3) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 49(b)

F4 S. 29(3A) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 49(c)

F5 S. 29(4)(4A) substituted for s. 29(4)-(6) (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 33(5), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)

F6 Words in s. 29(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 116(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Word in s. 29(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 116(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)