1999 No. 1767 (C. 49)

OSTEOPATHS

The Osteopaths Act 1993 (Commencement No. 4) Order 1999

Made

The Secretary of State for Health, in exercise of the powers conferred upon him by section 42(2) and (4) of the Osteopaths Act 19931, hereby makes the following Order:–

Citation and interpretation1

1

This Order may be cited as the Osteopaths Act 1993 (Commencement No. 4) Order 1999.

2

In this Order, “the Act” means the Osteopaths Act 1993.

Appointed Day2

5th July 1999 is the day appointed for the coming into force of the following provisions of the Act and, save as provided below, those provisions shall come into force on that day for all purposes–

a

in section 1 (the general council and its committees)–

i

subsection (5)(b) so far as not yet in force, and

ii

subsections (7) and (9), so far as they relate to the other provisions of the Act brought into force by this Order;

b

in section 7 (suspension of registration), subsections (1) and (2), so far as they relate to the other provisions of the Act brought into force by this Order;

c

section 10 (fraud or error in relation to registration), so far as not yet in force, with the exception, in subsection (2), of the words “or section 8, or under rules made by virtue of section 8(8),”;

d

section 20 (professional conduct and fitness to practise);

e

section 21 (interim suspension powers of the investigating committee);

f

section 27 (legal assessors);

g

section 28 (medical assessors);

h

section 41 (interpretation), so far as not yet in force; and

i

in the Schedule (the general council and its committees)–

i

in relation to the Investigating Committee only, paragraphs 16 to 24(1), so far as not yet in force, and

ii

paragraphs 30 to 33, so far as not yet in force.

Frank DobsonOne of Her Majesty’s Principal Secretaries of State,Department of Health

(This note is not part of the Order)

This Order brings into force on 5th July 1999 certain provisions of the Osteopaths Act 1993 (“the Act”), for the purposes of–

  • enabling the Registrar of the General Osteopathic Council (“the GOsC”), to investigate and deal with fraudulently obtained and incorrect entries in the register of osteopaths (section 10); and

  • enabling the Investigating Committee of the GOsC to investigate allegations relating to a registered osteopath’s fitness to practise and to suspend the osteopath’s registration, for a period not exceeding two months, if it considers it necessary to do so in order to protect members of the public (sections 1(5)(b), (7) and (9), 7(1) and (2), 20 and 21).

  • The Order also brings into force the following provisions of the Act–

    • sections 27 and 28, which provide for the appointment by the GOsC of (respectively) legal and medical assessors with functions as set out in those sections;

    • section 41, in respect of certain remaining definitions; and

    • certain provisions of the Schedule so far as they relate to the Investigating Committee.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 1(1)

14th January 1997

1997/34

Section 1(2)

14th January 1997 (partially) and 9th May 1998 (remainder)

1997/34 and 1998/1138

Section 1(3) (partially)

14th January 1997, 1st April 1998 and 9th May 1998

1997/34, 1998/872 and 1998/1138

Section 1(4) (partially)

14th January 1997 and 1st April 1998

1997/34 and 1998/872

Section 1(5) (partially)

1st April 1998

1998/872

Section 1(6)

1st April 1998

1998/872

Section 1(7) (partially)

1st April 1998

1998/872

Section 1(8)

14th January 1997

1997/34

Section 1(9) (partially)

1st April 1998

1998/872

Section 1(10) to (12)

14th January 1997

1997/34

Section 2

14th January 1997 (partially) and 9th May 1998 (remainder)

1997/34 and 1998/1138

Section 3

1st April 1998 (partially) and 9th May 1998 (remainder)

1998/872 and 1998/1138

Section 4

1st April 1998 (partially) and 9th May 1998 (remainder)

1998/872 and 1998/1138

Section 6

1st April 1998 (partially) and 9th May 1998 (remainder)

1998/872 and 1998/1138

Section 9 (partially)

9th May 1998

1998/1138

Section 10(1)

9th May 1998

1998/1138

Section 11

1st April 1998

1998/872

Section 12

9th May 1998

1998/1138

Section 13

1st April 1998

1998/872

Sections 14 to 16

9th May 1998

1998/1138

Section 18

9th May 1998

1998/1138

Section 19

1st April 1998

1998/872

Section 29

9th May 1998

1998/1138

Section 33

9th May 1998

1998/1138

Section 34

14th January 1997

1997/34

Section 35(1), (2) and (4)

14th January 1997

1997/34

Section 36(1), (2), (4), (5) and (6)

14th January 1997

1997/34

Section 37

1st April 1998

1998/872

Section 38

9th May 1998

1998/1138

Section 39

1st April 1998

1998/872

Section 40

14th January 1997

1997/34

Section 41 (partially)

14th January 1997 and 1st April 1998

1997/34 and 1998/872

Section 42

14th January 1997 (partially) and 9th May 1998 (remainder)

1997/34 and 1998/1138

In the Schedule–

  • in Part I–

  • paragraphs 1, 2, 4, 5, 6, 8, 11, 13 and 14(2)

14th January 1997

1997/34

  • paragraph 14(3) (partially)

14th January 1997

1997/34

  • paragraph 14(5) (partially)

1st April 1998

1998/872

  • paragraph 15

14th January 1997

1997/34

  • in Part II–

  • paragraphs 16 to 21 and 23 to 24(1) (partially)

1st April 1998

1998/872

  • paragraphs 25 to 29

1st April 1998

1998/872

  • paragraphs 30 to 41 (partially)

1st April 1998

1998/872

  • Part III

14th January 1997

1997/34