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

PART II FRAUD OR ERROR

Fraud or error in relation to registration

4.—(1) Where the Registrar proposes to suspend an osteopath’s registration pursuant to an allegation that such registration has been fraudulently procured or incorrectly made, he shall send the osteopath concerned a notice stating that—

(a) he may appear before the Committee and argue his case against suspension if he notifies the Registrar in writing of his intention to do so within the period of fourteen days beginning with the date of the sending of the notice; and

(b) he may be legally represented.

(2) The Registrar may extend the period referred to in paragraph (1)(a) if he is satisfied that in all the circumstances it is reasonable to do so.

(3) Where the osteopath concerned has, within the period referred to in paragraph (1)(a) (or within any extension of that period allowed by the Registrar under paragraph (2)), sent the Registrar a notice stating that he wishes to appear before the Committee, the Registrar shall fix a day on which the Committee is to hear the osteopath or his representative and notify the osteopath of the day on which the time and place at which the hearing is to be held.

(4) The Registrar shall not fix a day for the hearing on any day earlier than the end of the period of twenty eight days beginning with the day on which the osteopath concerned delivered or sent the notice referred to in paragraph (3) to the Registrar.

(5) The Registrar shall be a party to the proceedings under this rule and may appear before the Committee at the hearing and be legally represented.

(6) Both the osteopath concerned and the Registrar may produce documentary evidence to the Committee and may call witnesses and put questions to any person called as a witness before the Committee.

(7) Where the proceedings before the Committee concern an allegation that entry to the register has been fraudently procured, it shall not hear any evidence which would not be admissible if the proceedings were criminal proceedings in any court in that part of the United Kingdom in which the hearing takes place unless, after consultation with the legal assessor, it is satisfied that its admission is necessary in order to protect members of the public.

(8) At the hearing before the Committee the Registrar shall first present the case for suspending the registration of the osteopath concerned and the osteopath shall be given the opportunity to speak last but, subject to these requirements, the procedure at the hearing shall be such as the Committee may determine.

(9) The Committee may adjourn the proceedings from time to time as it thinks fit.

(10) The Committee shall decide whether or not there is reasonable cause for the Registrar to suspend the registration of the osteopath concerned and, if there is reasonable cause, the duration of the suspension.

(11) The duration of the suspension of registration under section 10(3) of the Act shall be for a period of not longer than six months but if, having considered any report of the Registrar, the General Council is satisfied that the entry in question has not been fraudulently procured or incorrectly made, it shall order the Registrar to lift the suspension immediately.

(12) The Chairman of the Committeee shall give the decision of the Committee orally at the end of the hearing and the Registrar shall—

(a) record the decision in writing;

(b) as soon as is practicable after the hearing, send a copy of the decision and the reasons for the decision to the osteopath concerned; and

(c) where the Committee upholds the Registrar’s proposal to suspend the registration of the osteopath concerned, send to the osteopath a notice of suspension which includes the duration of the suspension.

(13) In this rule, “the Committee” means the Investigating Committee.