The General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

Statutory Instruments

2009 No. 1993

Health Care And Associated Professions

Osteopaths

The General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009

Made

17th July 2009

Coming into force

10th August 2009

The General Osteopathic Council has made the General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009, which are set out in the Schedule to this Order, in exercise of the powers conferred by sections 3(6A), 6(2) to (4) and 35(2) of the Osteopaths Act 1993(1).

By virtue of section 35(1) of that Act, exercise of the powers to make such Rules requires the approval of the Privy Council. Section 36(1) provides that this be given by an order made by the Privy Council.

Their Lordships, having taken these Rules into consideration, are pleased to and do approve the making of them.

This Order may be cited as the General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules Order of Council 2009 and shall come into force on 10th August 2009.

Judith Simpson

Clerk of the Privy Council

SCHEDULE The General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009

The General Osteopathic Council makes the following Rules in exercise of the powers conferred by sections 3(6A), 6(2) to (4) and 35(2) of the Osteopaths Act 1993.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009 and come into force on 10th August 2009.

(2) In these Rules—

“the 2000 Rules” means the General Osteopathic Council (Application for Registration and Fees) Rules 2000(2);

“applicant” means an applicant for registration as a fully registered osteopath; and

“relevant unrecognised UK qualification” means a qualification in osteopathy granted by an institution in the United Kingdom before 9th May 2000 which is not a recognised qualification.

Treatment of an applicant with a relevant unrecognised UK qualification

2.—(1) Subject to rule 3(2), the Registrar shall, in considering an application by an applicant who appears to have a relevant unrecognised UK qualification, treat the applicant as having a recognised qualification upon being satisfied that the applicant—

(a) obtained a qualification in osteopathy in the United Kingdom before 9th May 2000;

(b) practised as an osteopath before 9th May 2000;

(c) has not practised as an osteopath in the United Kingdom on or after 9th May 2000;

(d) has a good reason for not having made a successful application for registration during the transitional period; and

(e) is capable of the competent and safe practice of osteopathy.

(2) For the purpose of determining whether an applicant is capable of the competent and safe practice of osteopathy, in order to be satisfied as required by paragraph (1)(e), the Registrar may require the applicant to take a test of competence.

(3) The test of competence shall be conducted by assessors appointed by the General Council.

Applications

3.—(1) The 2000 Rules apply to an application for registration to which rule 2 relates, except that—

(a) the applicant shall be required to provide, additionally, evidence of a relevant unrecognised UK qualification and such additional information relating to that qualification as the Registrar may specify; and

(b) rule 6(2) of the 2000 Rules (which relates to a possible reduction in the standard entry fee) does not apply in relation to such an application.

(2) Any application for registration to which rule 2 relates which is made on or after 1st January 2011 must be refused.

Particulars in the register

4.  Where a person is registered as a fully registered osteopath by virtue of these Rules, the register may contain a note to that effect.

Amendment of the 2000 Rules

5.  In rule 6 of the 2000 Rules (entry fee), in paragraph (1), for sub-paragraph (b) substitute the following sub-paragraph—

“(b) has made an application to which rule 2 of the General Osteopathic Council (Registration of Osteopaths with United Kingdom Qualifications that are not Recognised Qualifications) Rules 2009 relates shall be £1,250 or, where the fee is to be paid by instalments, £1,375.”.

Given under the official seal of the General Osteopathic Council this 9th day of July 2009

Adrian Eddleston

Chair

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves Rules of the General Osteopathic Council (GOsC) in respect of registration on the basis of qualifications awarded by institutions in the United Kingdom before 9th May 2000, where an applicant practised as an osteopath before 9th May 2000, has not practised as an osteopath in the United Kingdom on or after 9th May 2000, has a good reason for not having made a successful application for registration during the transitional period after the statutory register held by the GOsC was opened (on 9th May 1998), and is capable of the competent and safe practice of osteopathy.

Rule 2 sets out the matters on which the Registrar must be satisfied in order that the applicant’s relevant unrecognised UK qualification can be treated as a recognised qualification. It also contains a power to require applicants to take a test of competence in order to satisfy the Registrar that they are capable of the competent and safe practice of osteopathy – and further makes provision for the appointment of assessors.

Rule 3 applies, to the case of applicants seeking registration under these Rules, provisions of the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 (scheduled to SI 2000/1038) (“the 2000 Fees Rules”) as to the form and manner of an application for registration. It also provides that such applications made on or after 1st January 2011 must be refused.

Rule 4 provides that, where a person has registered by virtue of these Rules, the register may contain a note to that effect.

Rule 5 amends the 2000 Fees Rules so that the standard fee for processing applications to which these Rules relate is £1,250. The amendment to the 2000 Fees Rules also has the effect of removing a now redundant charging provision relating to applications made during the expired transitional period.

(1)

1993 c.21; section 3(6A) was inserted by, and section 35(2) was amended by, S.I. 2008/1774.

(2)

Scheduled to S.I. 2000/1038.