The General Osteopathic Council (Fraud or Error and Appeals) Rules Order of Council 1999

PART 1 INTRODUCTION

Citation and Commencement

1.  These Rules may be cited as the General Osteopathic Council (Fraud or Error and Appeals) Rules 1999 and shall come into force on 5th July 1999.

Interpretation

2.—(1) In these Rules, unless context otherwise requires—

“the Act” means the Osteopaths Act 1993;

“an appeal” means an appeal against a relevant decision;

“legal assessor” means a person appointed under section 27 of the Act;

“medical assessor” means a person appointed under section 28 of the Act;

“a relevant decision” means a decision referred to in section 29(1) of the Act.

(2) Unless the context otherwise requires, any reference—

(a) in these Rules to a numbered rule is a reference to the rule bearing that number in these Rules;

(b) in a rule in, or in the Schedule to, these Rules to a numbered paragraph is a reference to the paragraph bearing that number in that rule or in the Schedule;

(c) in a paragraph in the Schedule to these Rules to a numbered subparagraph is a reference to the subparagraph bearing that number in that paragraph.

Service of documents

3.—(1) Subject to paragraph (4), in these Rules a reference to the sending of a notice or other document to any person (other than a document referred to in paragraph 8(2) of the Schedule which may be sent by post) is a reference to delivering it to him personally or sending it to him by registered post or by the recorded delivery service—

(a) where the person is the Registrar, to the address of any office of the General Council;

(b) where the person is a registered osteopath—

(i) to his address in the register or, if his last-known address differs from the address in the register, his last-known address, or

(ii) if he is represented by a solicitor, to the solicitor’s professional address;

(c) where the person is not a registered osteopath or the Registrar—

(i) to his last-known address, or

(ii) if he is represented by a solicitor, to the solicitor’s professional address.

(2) Where a notice or other document is—

(a) sent by registered post or by the recorded delivery service it shall be treated as having been sent on the day that it was posted;

(b) delivered personally, if—

(i) it is delivered by the Registrar, it shall be treated as having been delivered when it is handed to the osteopath concerned or the person aggrieved as the case may be;

(ii) it is delivered by the osteopath concerned or the person aggrieved, it shall be treated as having been delivered when it is handed to the Registrar or to his representative or left at any office of the General Council.

(3) Where the Registrar is required to send a notice under rule 4(1) or 5(a), he shall in that notice inform the person to whom it is sent that a notice under rule 4(3) or a notice of appeal under rule 6 as the case may be must either—

(a) be delivered personally; or

(b) be sent by registered post or bythe recorded delivery service.

(4) Notwithstanding the preceding provisions of this rule, a notice sent by post under rule 4(3) or a notice of appeal sent by post under rule 6 other than by registered post or by the recorded delivery service shall be treated as complying with the requirements of paragraph (1) if it is received at any office of the General Council within the time limits specified for sending that notice or notice of appeal as the case may be.