PART 5Amendments to the Chiropractors Act 1994
Amendment of section 37
10. For section 37 of the Chiropractors Act 1994(1) (professional indemnity insurance), substitute—
“37 Indemnity arrangements
(1) A registered chiropractor who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) In this section, references to “registered chiropractor” do not include a reference to a temporarily registered chiropractor.
(3) For the purposes of this section, an “indemnity arrangement” may comprise—
(a)a policy of insurance;
(b)an arrangement made for the purposes of indemnifying a person;
(c)a combination of the two.
(4) For the purposes of this section, “appropriate cover”, in relation to practice as a registered chiropractor, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and risks of practising as such.
(5) The General Council may by rules make provision in connection with the types of indemnity arrangement required and the information to be provided to the Registrar—
(a)by or in respect of any person seeking to be entered in the register as a registered chiropractor (including on an application for restoration) for the purposes of determining whether, if that person is so entered, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and
(b)by or in respect of a registered chiropractor for the purposes of determining whether at any time, there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules under subsection (5)(b) may require information to be provided—
(a)at the request of the Registrar; or
(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registered chiropractors or registered chiropractors of a particular description.
(7) The General Council may also make rules requiring a registered chiropractor to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(8) The General Council may also make rules requiring a registered chiropractor to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(9) Where there is a failure to comply with the rules under subsection (5) by or in respect of a person who is entered or is seeking to be entered in the register, the Registrar may refuse to enter the person in, or to restore the person’s entry to, the register.
(10) If a registered chiropractor is in breach of subsection (1), or fails to comply with rules under subsection (5)(b), (7) or (8), or there is a failure to comply with rules under (5)(b) in respect of a registered chiropractor—
(a)the Registrar may remove that person’s entry from the register; or
(b)the breach or failure may be treated as unacceptable professional conduct and the Registrar may notify the General Council.”.