Office of Public Sector Information
(1) The Education Committee may appoint persons to visit any place at which or institution by which or under whose direction—
(a) any relevant course of study is, or is proposed to be, given;
(b) any examination is, or is proposed to be, held in connection with any such course;
(c) any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purpose connected with this Act.
(2) In subsection (1) “relevant course of study” means any course of study which forms, or is intended to form, part of—
(a) the complete course of study required in order to obtain a recognised qualification or a qualification for which recognition is being sought; or
(b) any training which a registered osteopath may be required to undergo after registration.
(3) No person appointed as a visitor may exercise his functions under this section in relation to—
(a) any place at which he regularly gives instruction in any subject; or
(b) any institution with which he has a significant connection.
(4) A person shall not be prevented from being appointed as a visitor merely because he is a member of—
(a) the General Council; or
(b) any of its committees.
(5) Where a visitor visits any place or institution, in the exercise of his functions under this section, he shall report to the Education Committee—
(a) on the nature and quality of the instruction given, or to be given, and the facilities provided or to be provided, at that place or by that institution; and
(b) on such other matters (if any) as he was required to report on by the Committee.
(6) Requirements of the kind mentioned in subsection (5)(b) may be imposed by the Education Committee—
(a) generally in relation to all visits;
(b) generally in relation to all visits made to a specified kind of place or institution; or
(c) specifically in relation to a particular visit.
(7) Where a visitor reports to the Education Committee under subsection (5), the Committee shall on receipt of the report—
(a) send a copy of it to the institution concerned; and
(b) notify that institution of the period within which it may make observations on, or raise objections to, the report.
(8) The period specified by the Committee in a notice given under subsection (7)(b) shall not be less than one month beginning with the date on which a copy of the report is sent to the institution under subsection (7)(a).
(9) The Education Committee shall not take any steps in the light of any report made under subsection (5) before the end of the specified period.
(10) The General Council may—
(a) pay fees, allowances and expenses to persons appointed as visitors; or
(b) treat any such person, for the purposes of paragraph 15(2)(c) to (e) of the Schedule, as a member of its staff.
(11) In the case of a visitor who is also such a member as is mentioned in subsection (4), any payment made to him in his capacity as a visitor shall be in addition to any to which he is entitled as such a member.
(1) The General Council shall from time to time determine the standard of proficiency which, in its opinion, is required for the competent and safe practice of osteopathy.
(2) The Council shall publish a statement of the standard of proficiency determined by it under this section.
(3) If the Council at any time varies the standard so determined it shall publish—
(a) a statement of the revised standard; and
(b) a statement of the differences between that standard and the standard as it was immediately before the revision.
(4) No variation of the standard shall have effect before the end of the period of one year beginning with the date on which the Council publishes the statement required by subsection (3) in connection with that variation.
(1) For the purposes of this Act, a qualification is a “recognised qualification” if it is recognised by the General Council under this section.
(2) Where the General Council is satisfied that—
(a) a qualification granted by an institution in the United Kingdom is evidence of having reached the required standard of proficiency, or
(b) a qualification which such an institution proposes to grant will be evidence of having reached that standard,
it may, with the approval of the Privy Council, recognise that qualification for the purposes of this Act.
(3) Where the General Council is satisfied that a qualification granted by an institution outside the United Kingdom is evidence of having reached the required standard of proficiency, or of reaching a comparable standard, it may, with the approval of the Privy Council, recognise that qualification for the purposes of this Act.
(4) The General Council may by rules—
(a) impose additional conditions for registration, or
(b) provide for any provision made by this Act in relation to conditions for registration to have effect subject to prescribed modifications,
in the case of any application for registration based on a person’s holding a qualification which is recognised under subsection (3).
(5) The General Council shall maintain and publish a list of the qualifications which are for the time being recognised under this section.
(6) Before deciding whether or not to recognise a qualification under this section, the General Council shall consult the Education Committee.
(7) When requesting the approval of the Privy Council for the purposes of subsection (2) or (3), the General Council shall make available to the Privy Council—
(a) the information provided to it by the Education Committee; or
(b) where the Privy Council considers it appropriate, a summary of that information.
(8) The Privy Council shall have regard to the information made available to it under subsection (7) before deciding whether or not to give its approval.
(9) The General Council may by rules make provision requiring the Education Committee to publish a statement indicating—
(a) matters on which the Committee will wish to be satisfied before advising the General Council to recognise a qualification under subsection (2); and
(b) matters which may cause the Committee to advise the General Council not to recognise a qualification under subsection (2).
(10) Where, by virtue of Community law a person (“the osteopath”) is to be authorised to practise the profession of osteopathy on the same conditions as a person who holds a recognised qualification—
(a) the osteopath shall be treated for the purposes of this Act as having a recognised qualification; but
(b) the General Council may, subject to Community law, require him to satisfy specified additional conditions before being registered.
(11) In subsection (10) “Community law” means any enforceable Community right or any enactment giving effect to a Community obligation.
(1) A qualification may be recognised by the General Council under section 14—
(a) only in respect of awards of that qualification made after a specified date;
(b) only in respect of awards made before a specified date; or
(c) only in respect of awards made after a specified date but before a specified date.
(2) Any date specified under subsection (1) may be earlier than the date on which this Act is passed.
(3) Where the General Council recognises a qualification in one or other of the limited ways allowed for by subsection (1), the limitation shall be specified in the list issued by the Council under section 14(5).
(4) The General Council may, in recognising a qualification under section 14, direct that the qualification is to remain a recognised qualification only so long as such conditions as the General Council sees fit to impose are complied with in relation to the qualification.
(5) Any such condition may at any time be removed by the General Council.
(6) The General Council shall not exercise any of its functions under subsection (4) or (5) without the approval of the Privy Council.
(7) Any institution which is, or is likely to be, affected by a direction given by the General Council under subsection (4) shall be notified by the Council of the direction as soon as is reasonably practicable.
(8) Where an application is made by any institution for the recognition of a qualification under section 14, the General Council shall notify the institution of the result of its application as soon as is reasonably practicable after the Council determines the application.
(9) Where the General Council refuses such an application it shall, when notifying the institution concerned, give reasons for its refusal.
(1) Where, as a result of any visitor’s report or other information acquired by the Education Committee, the Committee is of the opinion—
(a) that a recognised qualification is no longer, or will no longer be, evidence of having reached the required standard of proficiency,
(b) that a proposed qualification which has yet to be granted, but which was recognised by virtue of section 14(2)(b), will not be evidence of having reached that standard, or
(c) that a condition for the continued recognition of a qualification (imposed under section 15(4)) has not been complied with,
it shall refer the matter to the General Council.
(2) If the General Council is satisfied that the circumstances of the case are as mentioned in subsection (1)(a), (b) or (c) it may, with the approval of the Privy Council, direct that the qualification is no longer to be a recognised qualification for the purposes of this Act.
(3) A direction under subsection (2) shall have effect from the date of the direction or from such later date as may be specified in the direction.
(4) In considering any matter referred to it under subsection (1), the General Council shall have regard to the information on which the Education Committee formed its opinion together with any other relevant information which the Council may have.
(5) When requesting the approval of the Privy Council for the purposes of subsection (2), the General Council shall make available to the Privy Council the information to which it had regard under subsection (4).
(6) The Privy Council shall have regard to the information made available to it under subsection (5) before deciding whether or not to give its approval.
(7) Where the recognition of any qualification is withdrawn under this section, the General Council shall use its best endeavours to secure that any person who is studying for that qualification at any place, at the time when recognition is withdrawn, is given the opportunity to study at that or any other place for a qualification which is recognised.
(8) The withdrawal under this section of recognition from any qualification shall not affect the entitlement of any person to be registered by reference to an award of that qualification made to him before the date on which the direction withdrawing recognition had effect.
(1) The General Council may make rules requiring registered osteopaths to undertake further courses of training.
(2) The rules may, in particular, make provision with respect to registered osteopaths who fail to comply with any requirements of the rules, including provision for their registration to cease to have effect.
(3) Before making, or varying, any rules under this section the General Council shall take such steps as are reasonably practicable to consult those who are registered osteopaths and such other persons as the Council considers appropriate.
(1) This section applies to any institution by which, or under whose direction—
(a) any relevant course of study is, or is proposed to be, given;
(b) any examination is, or is proposed to be, held in connection with any such course; or
(c) any test of competence is, or is proposed to be, conducted in connection with any such course or for any other purpose connected with this Act.
(2) In subsection (1) “relevant course of study” has the same meaning as in section 12.
(3) Whenever required to do so by the General Council, any such institution shall give to the Council such information as the Council may reasonably require in connection with the exercise of its functions under this Act.
(4) The matters with respect to which the General Council may require information under subsection (3) include—
(a) the requirements which must be met by any person pursuing the course of study, undergoing the course of training or taking the examination or test in question;
(b) the financial position of the institution;
(c) the efficiency of the institution’s management.
(5) Where an institution refuses any reasonable request for information made by the General Council under this section, the Council may on that ground alone—
(a) give a direction under section 16(2) (with the required approval of the Privy Council) in respect of the qualification in question; or
(b) refuse to recognise that qualification under section 14.
(1) The General Council shall prepare and from time to time publish a Code of Practice—
(a) laying down standards of conduct and practice expected of registered osteopaths; and
(b) giving advice in relation to the practice of osteopathy.
(2) It shall be the duty of the General Council to keep the Code under review and to vary its provisions whenever the Council considers it appropriate to do so.
(3) Before issuing the Code or varying it, the General Council shall consult such representatives of practising osteopaths as it considers appropriate.
(4) Where any person is alleged to have failed to comply with any provision of the Code, that failure—
(a) shall not be taken, of itself, to constitute unacceptable professional conduct on his part; but
(b) shall be taken into account in any proceedings against him under this Act.
(5) Any person who asks the General Council for a copy of the Code shall be entitled to have one on payment of such reasonable fee as the Council may determine.
(6) Subsection (5) is not to be taken as preventing the General Council from providing copies of the Code free of charge whenever it considers it appropriate.
(1) This section applies where any allegation is made against a registered osteopath to the effect that—
(a) he has been guilty of conduct which falls short of the standard required of a registered osteopath;
(b) he has been guilty of professional incompetence;
(c) he has been convicted (at any time) in the United Kingdom of a criminal offence; or
(d) his ability to practise as an osteopath is seriously impaired because of his physical or mental condition.
(2) In this Act conduct which falls short of the standard required of a registered osteopath is referred to as “unacceptable professional conduct”.
(3) Where an allegation is made to the General Council, or to any of its committees (other than the Investigating Committee), it shall be the duty of the Council or committee to refer the allegation to the Investigating Committee.
(4) The General Council may make rules requiring any allegation which is made or referred to the Investigating Committee to be referred for preliminary consideration to a person appointed by the Council in accordance with the rules.
(5) Any rules made under subsection (4)—
(a) may allow for the appointment of persons who are members of the General Council; but
(b) may not allow for the appointment of the Registrar.
(6) Any person to whom an allegation is referred by the Investigating Committee in accordance with rules made under subsection (4) shall—
(a) consider the allegation with a view to establishing whether, in his opinion, power is given by this Act to deal with it if it proves to be well founded; and
(b) if he considers that such power is given, give the Investigating Committee a report of the result of his consideration.
(7) Where there are rules in force under subsection (4), the Investigating Committee shall investigate any allegation with respect to which it is given a report by a person appointed under the rules.
(8) Where there are no such rules in force, the Investigating Committee shall investigate any allegation which is made or referred to it.
(9) Where the Investigating Committee is required to investigate any allegation, it shall—
(a) notify the registered osteopath concerned of the allegation and invite him to give it his observations before the end of the period of 28 days beginning with the day on which notice of the allegation is sent to him;
(b) take such steps as are reasonably practicable to obtain as much information as possible about the case; and
(c) consider, in the light of the information which it has been able to obtain and any observations duly made to it by the registered osteopath concerned, whether in its opinion there is a case to answer.
(10) The General Council may by rules make provision as to the procedure to be followed by the Investigating Committee in any investigation carried out by it under this section.
(11) In the case of an allegation of a kind mentioned in subsection (1)(c), the Investigating Committee may conclude that there is no case to answer if it considers that the criminal offence in question has no material relevance to the fitness of the osteopath concerned to practise osteopathy.
(12) Where the Investigating Committee concludes that there is a case to answer, it shall—
(a) notify both the osteopath concerned and the person making the allegation of its conclusion; and
(b) refer the allegation, as formulated by the Investigating Committee—
(i) to the Health Committee, in the case of an allegation of a kind mentioned in subsection (1)(d); or
(ii) to the Professional Conduct Committee, in the case of an allegation of any other kind.
(13) Where the Investigating Committee concludes that there is no case to answer, it shall notify both the osteopath concerned and the person making the allegation.
(14) In this section “allegation” means an allegation of a kind mentioned in subsection (1).
(1) This section applies where, under section 20, the Investigating Committee is investigating an allegation against a registered osteopath.
(2) If the Committee is satisfied that it is necessary to do so in order to protect members of the public, it may order the Registrar to suspend the osteopath’s registration.
(3) The order shall specify the period of the suspension, which shall not exceed two months beginning with the date on which the order is made.
(4) The Committee shall not—
(a) make an order in any case after it has referred the allegation in question to the Professional Conduct Committee or the Health Committee; or
(b) make more than one order in respect of the same allegation.
(5) Before making an order, the Investigating Committee shall give the osteopath concerned an opportunity to appear before it and to argue his case against the making of the proposed order.
(6) At any such hearing the osteopath shall be entitled to be legally represented.
(1) Where an allegation has been referred to the Professional Conduct Committee under section 20 or by virtue of any rule made under section 26(2)(a), it shall be the duty of the Committee to consider the allegation.
(2) If, having considered it, the Committee is satisfied that the allegation is well founded it shall proceed as follows.
(3) If the allegation is of a kind mentioned in section 20(1)(c), the Committee may take no further action if it considers that the criminal offence in question has no material relevance to the fitness of the osteopath concerned to practise osteopathy.
(4) Otherwise, the Committee shall take one of the following steps—
(a) admonish the osteopath;
(b) make an order imposing conditions with which he must comply while practising as an osteopath (a “conditions of practice order”);
(c) order the Registrar to suspend the osteopath’s registration for such period as may be specified in the order (a “suspension order”); or
(d) order the Registrar to remove the osteopath’s name from the register.
(5) A conditions of practice order shall cease to have effect—
(a) if a period is specified in the order for the purposes of this subsection, when that period ends;
(b) if no such period is specified but a test of competence is so specified, when the osteopath concerned passes the test; or
(c) if both a period and a test are so specified, when the period ends or when the osteopath concerned passes the test, whichever is the later to occur.
(6) At any time while a conditions of practice order is in force under this section or by virtue of a recommendation under section 31(8)(c), the Committee may (whether or not of its own motion)—
(a) extend, or further extend, the period for which the order has effect;
(b) revoke or vary any of the conditions;
(c) require the osteopath concerned to pass a test of competence specified by the Committee;
(d) reduce the period for which the order has effect; or
(e) revoke the order.
(7) Where the period for which a conditions of practice order has effect is extended or reduced under subsection (6), or a test of competence is specified under that subsection, subsection (5) shall have effect as if—
(a) the period specified in the conditions of practice order was the extended or reduced period; and
(b) the test of competence was specified in that order.
(8) At any time while a suspension order is in force with respect to an osteopath under this section or by virtue of a recommendation under section 31(8)(c), the Committee may (whether or not of its own motion)—
(a) extend, or further extend, the period of suspension; and
(b) make a conditions of practice order with which the osteopath must comply if he resumes the practice of osteopathy after the end of his period of suspension.
(9) The period specified in a conditions of practice order or in a suspension order under this section, and any extension of a specified period under subsection (6) or (8), shall not in each case exceed three years.
(10) Before exercising its powers under subsection (4), (6) or (8), the Committee shall give the osteopath concerned an opportunity to appear before it and to argue his case.
(11) At any such hearing the osteopath shall be entitled to be legally represented.
(12) In exercising its powers under subsection (6) or (8), the Committee shall ensure that the conditions imposed on the osteopath concerned are, or the period of suspension imposed on him is, the minimum which it considers necessary for the protection of members of the public.
(13) The Committee shall, before the end of the period of twelve months beginning with the commencement of this section, and at least once in every succeeding period of twelve months, publish a report setting out—
(a) the names of those osteopaths in respect of whom it has investigated allegations under this section and found the allegations to be well founded;
(b) the nature of those allegations; and
(c) the steps (if any) taken by the Committee in respect of the osteopaths so named.
(14) Where the Committee has investigated any allegation against an osteopath under this section and has not been satisfied that the allegation was well founded, it shall include in its report for the year in question a statement of that fact if the osteopath so requests.
(1) Where an allegation has been referred to the Health Committee under section 20 or by virtue of any rule made under section 26(2)(a), it shall be the duty of the Committee to consider the allegation.
(2) If, having considered it, the Committee is satisfied that the allegation is well founded, it shall—
(a) make an order imposing conditions with which the osteopath concerned must comply while practising as an osteopath (a “conditions of practice order”); or
(b) order the Registrar to suspend the osteopath’s registration for such period as may be specified in the order (a “suspension order”).
(3) Any condition in a conditions of practice order under this section shall be imposed so as to have effect for a period specified in the order.
(4) At any time while a conditions of practice order is in force under this section or under section 30 or by virtue of a recommendation under section 31(8)(c), the Committee may (whether or not of its own motion)—
(a) extend, or further extend, the period for which the order has effect; or
(b) make a suspension order with respect to the osteopath concerned.
(5) At any time while a suspension order is in force with respect to an osteopath under this section or under section 30 or by virtue of a recommendation under section 31(8)(c), the Committee may (whether or not of its own motion)—
(a) extend, or further extend, the period of suspension;
(b) replace the order with a conditions of practice order having effect for the remainder of the period of suspension; or
(c) make a conditions of practice order with which the osteopath must comply if he resumes the practice of osteopathy after the end of his period of suspension.
(6) On the application of the osteopath with respect to whom a conditions of practice order or a suspension order is in force under this section or under section 30 or by virtue of a recommendation under section 31(8)(c), the Committee may—
(a) revoke the order;
(b) vary the order by reducing the period for which it has effect; or
(c) in the case of a conditions of practice order, vary the order by removing or altering any of the conditions.
(7) Where an osteopath has made an application under subsection (6) which has been refused (“the previous application”), the Committee shall not entertain a further such application unless it is made after the end of the period of twelve months beginning with the date on which the previous application was received by the Committee.
(8) The period specified in a conditions of practice order or in a suspension order under this section, and any extension of a specified period under subsection (4) or (5), shall not in each case exceed three years.
(9) Before exercising its powers under subsection (2), (4), (5) or (6), the Committee shall give the osteopath concerned an opportunity to appear before it and to argue his case.
(10) At any such hearing the osteopath shall be entitled to be legally represented.
(11) In exercising any of its powers under this section, the Committee shall ensure that any conditions imposed on the osteopath concerned are, or any period of suspension imposed on him is, the minimum which it considers necessary for the protection of members of the public.
(1) This section applies where—
(a) an allegation against a registered osteopath has been referred under section 20, or by virtue of any rule made under section 26(2)(a), to the Professional Conduct Committee or the Health Committee and the Committee has not reached a decision on the matter; or
(b) the Professional Conduct Committee or the Health Committee reaches a relevant decision on any such allegation.
(2) The Committee concerned may, if it is satisfied that it is necessary to do so in order to protect members of the public, order the Registrar to suspend the registration of the osteopath concerned.
(3) An order under subsection (2) (an “interim suspension order”) shall cease to have effect—
(a) in a case falling within subsection (1)(a), when the Committee reaches a decision in respect of the allegation in question; and
(b) in a case falling within subsection (1)(b)—
(i) if there is no appeal against the decision, when the period for appealing expires; or
(ii) if there is an appeal against the decision, when the appeal is withdrawn or otherwise disposed of.
(4) Before making an interim suspension order, the Committee shall give the osteopath in question an opportunity to appear before it and to argue his case against the making of the proposed order.
(5) At any such hearing the osteopath shall be entitled to be legally represented.
(6) Where an interim suspension order has been made, the osteopath concerned may appeal against it to the appropriate court.
(7) Any such appeal must be brought before the end of the period of 28 days beginning with the date on which the order appealed against is made.
(8) On an appeal under subsection (6) the court may terminate the suspension.
(9) On such an appeal the decision of the court shall be final.
(10) In this section—
“the appropriate court” means—
in the case of an osteopath whose registered address is in Scotland, the Court of Session;
in the case of an osteopath whose registered address is in Northern Ireland, the High Court of Justice in Northern Ireland; and
in any other case, the High Court of Justice in England and Wales;
“relevant decision” means an order under section 22(4)(c) or (d), or an order under section 23(2)(b).
Osteopaths Act 1993