Statutory Instruments
OSTEOPATHS
Made
13th April 2000
Laid before Parliament
17th April 2000
Coming into force
9th May 2000
At the Council Chamber, Whitehall, the 13th day of April 2000
By the Lords of Her Majesty’s Most Honourable Privy Council
Whereas in exercise of its powers under section 8(8) of the Osteopaths Act 1993(1) (“the Act”) the General Osteopathic Council has made the General Osteopathic Council (Restoration to the Register of Conditionally Registered Osteopaths) Rules 2000 as set out in the Schedule to this Order:
And whereas by section 35(1) of the Act the approval of the Privy Council is required for this exercise of the powers of the General Osteopathic Council:
Now, therefore, Their Lordships, having taken the Rules into consideration, in exercise of their powers under section 36 of the Act, and of all other powers enabling them in that behalf, are pleased to approve them.
This Order may be cited as the General Osteopathic Council (Restoration to the Register of Conditionally Registered Osteopaths) Rules Order of Council 2000, and shall come into force on 9th May 2000.
A.K. Galloway
Clerk of the Privy Council
The General Osteopathic Council, in exercise of its powers under section 8(8) of the Osteopaths Act 1993(2) and of all other powers enabling it in that behalf, hereby makes the following Rules:
1. These Rules may be cited as the General Osteopathic Council (Restoration to the Register of Conditionally Registered Osteopaths) Rules 2000 and shall come into force on 9th May 2000.
2. In these Rules—
(a)“the Act” means the Osteopaths Act 1993;
(b)“the Committee” means the Professional Conduct Committee established under section 1(5)(c) of the Act; and
(c)any reference in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.
3.—(1) Where a person who has had his entry as a conditionally registered osteopath removed from the register as a result of an order under section 22(4)(d) of the Act wishes to have his entry restored to the register he may make an application for registration in writing to the Registrar.
(2) No such application may be made before the end of the period of ten months beginning with the date on which the order under section 22(4)(d) of the Act was made.
(3) Any application for registration in the circumstances mentioned in paragraph (1) shall be referred by the Registrar to the Committee for determination by that Committee.
(4) When determining an application for restoration, the Committee shall in particular satisfy itself that the applicant—
(a)has paid the fee prescribed in rule 10 of the General Osteopathic Council (Application for Registration and Fees) Rules 2000(3);
(b)is in good health both physically and mentally;
(c)has been of good character since the date on which his entry in the register was removed; and
(d)having regard to the circumstances which led to the making of the order under section 22(4)(d) of the Act, is a fit and proper person to practise the profession of osteopathy.
(5) On granting an application for restoration, the Committee—
(a)shall, except where rule 4 applies, direct the Registrar to register the applicant as a conditionally registered osteopath; and
(b)may make a conditions of practice order with respect to him.
(6) The provisions of section 22 of the Act shall have effect in relation to a conditions of practice order made by virtue of paragraph (5) as they have effect in relation to one made by virtue of subsection (4)(b) of that section of the Act.
4. Where the Committee is satisfied that the applicant—
(a)satisfies the conditions set out in paragraphs (a) to (d) of rule 3(4); and
(b)has fulfilled the required undertaking given by him under section 4(2)(f) of the Act as a condition of registration as a conditionally registered osteopath, it shall direct the Registrar to register the applicant as a fully registered osteopath.
Given under the official seal of the General Osteopathic Council this 10th day of April Two Thousand.
L.S.
Simon Fielding
Chairman
(This note is not part of the Order)
This Order, made under the Osteopaths Act 1993 (“the Act”), approves Rules made by the General Osteopathic Council prescribing the procedure to be followed by the Professional Conduct Committee of the Council in respect of applications for restoration to the register by conditionally registered osteopaths who have had their entry in the register removed as a result of an order under section 22(4)(d) of the Act, and for restoration in the circumstances prescribed in the Rules as a fully registered osteopath.
These Rules are set out in the Schedule to the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 (S.I. 2000/1038).