The General Osteopathic Council (Health Committee) (Appeals) Rules Order of Council 2000

THE GENERAL OSTEOPATHIC COUNCIL (HEALTH COMMITTEE) APPEALS RULES 2000

The General Osteopathic Council in exercise of its powers under sections 30 and 35(2) of the Osteopaths Act 1993(1) and of all other powers enabling it in that behalf hereby makes the following Rules:

Citation and Commencement

1.  These Rules may be cited as the General Osteopathic Council (Health Committee) Appeals Rules 2000 and shall come into force on 8th March 2000.

Interpretation

2.  In these Rules, unless the context otherwise requires—

“the Act” means the Osteopaths Act 1993;

“an appeal” means an appeal against a decision;

“the Clerk” means the person appointed in accordance with section 30(9) of the Act;

“a decision” means a decision of the Health Committee pursuant to section 23 of the Act;

“the osteopath” means the osteopath appealing under section 30(1) of the Act;

“Chairman” means a Chairman of a Tribunal;

“Tribunal” means an Appeal Tribunal.

Service of Documents

3.—(1) In these Rules a reference to the sending of a notice or other document to any person is a reference to it being sent—

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

(b) where the person is a registered osteopath, to his address in the register or, if his last known address differs from the address in the register, his last known address;

(c) in all other cases, to his last known address; and

if the notice or other document is sent by post, it shall be treated as having been sent on the day that it was posted.

(2) Notices or documents referred to in paragraphs 2(1)(b), 5 and 11(2) of the Schedule to these Rules shall be sent by delivering them by hand or by posting by registered post or recorded delivery service.

(3) In all other cases communications to be sent for the purposes of these Rules may be sent by post.

Notice of Appeal

4.  A notice of appeal shall—

(a) be in writing;

(b) be given or sent to the Registrar; and

(c) contain a concise statement of the grounds of appeal on which the osteopath intends to rely.

Composition of Tribunal

5.—(1) The Chairman of the Tribunal shall be a person properly qualified as mentioned in section 27(4) of the Act and shall be selected by the then Chairman of the General Council or the Bar or President of The Law Society.

(2) The osteopathic member of any Tribunal shall be selected by the Chairman of the Tribunal from a list kept by the Registrar of fully registered osteopaths who have indicated a willingness to undertake such duties.

(3) The registered medical practitioner shall be selected by the Chairman of the Tribunal from a list to be provided upon request by the General Medical Council or its successor.

Procedure for Determining Appeals

6.—(1) The Schedule to these Rules shall have effect with respect to the procedure for determining an appeal.

(2) Subject to the provisions of that Schedule the procedure for determining an appeal shall be such as the Tribunal may decide.

(1)

1993 c. 21.