The General Osteopathic Council (Medical Assessors) Rules Order of Council 1999

Statutory Instruments

1999 No. 1879

OSTEOPATHS

The General Osteopathic Council (Medical Assessors) Rules Order of Council 1999

Made

30th June 1999

Coming into force

5th July 1999

At the Council Chamber, Whitehall, the 30th day of June 1999

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in pursuance of sections 28(3) and 35(2) of the Osteopaths Act 1993(1) the General Osteopathic Council have made the General Osteopathic Council (Medical Assessors) Rules 1999 as set out in the Schedule to this Order:

And whereas by sections 35(1) and 36 of that Act such rules shall not come into force until approved by order of the Privy Council:

Now, therefore, Their Lordships, having taken the said Rules into consideration, are pleased to, and do hereby, approve the same.

This Order may be cited as the General Osteopathic Council (Medical Assessors) Rules Order of Council 1999 and shall come into force on 5th July 1999.

A. K. Galloway

Clerk of the Privy Council

THE GENERAL OSTEOPATHIC COUNCIL(MEDICAL ASSESSORS) RULES 1999

The General Osteopathic Council in exercise of their powers under sections 28(3) and 35(2) of the Osteopaths Act 1993(2) hereby make the following Rules:

Citation

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

Interpretation

2.  In these Rules unless the context otherwise requires—

“the Act” means the Osteopaths Act 1993;

“the Committee” means the Investigating Committee, the Professional Conduct Committee, or the Health Committee as the case may be;

“Medical Assessor” means an Assessor appointed under section 28 of the Act.

Additional Functions

3.  A Medical Assessor shall have the following additional functions—

(a) to give advice to the General Council on matters within his professional competence arising in connection with any matter which the General Council is considering;

(b) at the request of the Committee, to examine a registered osteopath against whom an allegation has been made and to report on his fitness to practise with or without conditions;

(c) to be present at such meetings of the Committee as the Committee may request at which an allegation concerning an osteopath’s physical or mental condition is being considered and to advise the Committee on the medical significance of the evidence before the Committee;

(d) to be present at such meetings of the General Council as the General Council may request at which an appeal under section 29 of the Act is being considered and which involves consideration of the physical or mental condition of an Appellant, to advise the General Council and Committee on the medical significance of the evidence before the General Council and Committee and to question any witness giving evidence of an oral hearing of such an appeal;

(e) to inform the General Council or the Committee if it appears to him that but for such advice, there is a possibility of a mistake being made in judging the medical significance of such evidence (or the absence of evidence) on any particular matter relevant to the matter before the General Council or that Committee, whether relating to the fitness to practise of the osteopath or such other question as the General Council or that Committee or the Chairman of either may think relevant.

Given under the official seal of the General Osteopathic Council this twenty second day of June nineteen hundred and ninety nine.

L.S.

Simon Fielding

Chairman

Explanatory Note

(This note is not part of the Order)

This Order, made under the Osteopaths Act 1993, approves rules made by the General Osteopathic Council conferring additional functions on registered medical practitioners appointed by the Council under section 28 to act as medical assessors.

In addition to the functions set out in section 28 of the Osteopaths Act 1993, medical assessors are also to have the functions set out in rule 3 of these Rules.

(1)

1993 c. 21.

(2)

1993 c. 21, section 28 was amended by the Chiropractors Act 1994 (c. 17), Schedule 2.