Osteopaths Act 1993

• (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level five on the standard scale.

Monopolies and competition

Competition and anti-competitive practices

33

• (1) In this section “regulatory provision” means—

• (a) any rule made by the General Council;

• (b) any provision of the Code of Practice issued by the Council under section 19; and

• (c) any other advice or guidance given by the Council, any of its committees or any sub-committee of such a committee.

• (2) Schedule 8 to the Enterprise Act 2002 (provision that may be contained in enforcement orders) shall, for the purposes of an enforcement order, have effect in relation to a regulatory provision as it has effect in relation to an agreement, but with the necessary modifications.

• (2A) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in sections 160(4)(a), 161(3)(a) and 164(1) of that Act shall be construed accordingly.

• (3) An enforcement order may be made so as to have effect in relation to a regulatory provision even though that provision was properly made in exercise of functions conferred by this Act.

• (4) In this section “an enforcement order” means an order under—

• (a) section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or

• (b) section 161 of that Act (final orders following market investigation reports).

• (5) For the purposes of an enforcement order section 86(3) of the Enterprise Act 2002 as applied by section 164(2)(a) of that Act (power to apply orders to existing agreements) shall have effect in relation to a regulatory provision as it has effect in relation to an agreement.

Miscellaneous

Default powers of the Privy Council

34

• (1) If it appears to the Privy Council that the General Council has failed to perform any functions which, in the opinion of the Privy Council, should have been performed, the Privy Council may give the General Council such direction as the Privy Council considers appropriate.

• (2) If the General Council fails to comply with any direction given under this section, the Privy Council may itself give effect to the direction.

• (3) For the purpose of enabling it to give effect to a direction under subsection (1), the Privy Council may—

• (a) exercise any power of the General Council or do any act or other thing authorised to be done by the General Council; and

• (b) do, of its own motion, any act or other thing which it is otherwise authorised to do under this Act on the instigation of the General Council.

Rules

35

• (1) The approval of the Privy Council shall be required for any exercise by the General Council of a power to make rules under this Act.

• (2) Any rules made by the General Council ... under this Act may make different provision with respect to different cases, or classes of case and, in particular, different provision with respect to different categories of osteopath or registered osteopath.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Nothing in any rules made under this Act shall be taken to oblige or entitle any person to act in breach of the law relating to confidentiality.

Exercise of powers of Privy Council

36

• (1) Where the approval of the Privy Council is required by this Act in respect of the making of any rules by the General Council, it shall be given by an order made by the Privy Council.

• (2) Any power of the Privy Council under this Act to make an order shall be exercisable by statutory instrument.

• (3) Any order under section 1(4) or any order approving rules made under section 5, 8(8), 17 or 30 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) For the purposes of exercising any powers conferred by this Act (other than the power of hearing appeals) the quorum of the Privy Council shall be two.

• (5) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the Clerk of the Council.

• (6) Any document purporting to be—

• (a) an instrument made by the Privy Council under this Act, and

• (b) signed by the Clerk of the Privy Council,

shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of its terms.

Professional indemnity insurance

37

• (1) A registered osteopath who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 osteopath, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the 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 osteopath (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;

• (b) by or in respect of a registered osteopath 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 osteopaths or registered osteopaths of a particular description.

• (7) The General Council may also make rules requiring a registered osteopath 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 osteopath 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 osteopath 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 subsection (5)(b) in respect of a registered osteopath—

• (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 Council .

Data protection and access to personal health information

38

Exemption from provisions about rehabilitation of offenders

39

• (1) In this section—

• “the 1975 Order” means the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (professions etc. with respect to which provisions of the Act of 1974 are excluded); and

• “the 1979 Order” means the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (professions etc. with respect to which provisions of the Rehabilitation of Offenders (Northern Ireland) Order 1978 are excluded).

• (2) In Part I of Schedule 1 to the 1975 Order, there shall be inserted at the end—

(11) Registered osteopath.

• (3) In Part I of Schedule 1 to the 1979 Order, there shall be inserted at the end—

(10) Registered osteopath.

• (4) In both the 1975 Order and the 1979 Order, in each case in Part IV of Schedule 1, there shall be inserted in the appropriate place—

“registered osteopath” has the meaning given by section 41 of the Osteopaths Act 1993.

• (5) The amendment of the 1975 Order and the 1979 Order by this section shall not be taken to prejudice the power to make further orders varying or revoking the amended provisions.

Financial provisions

40

• (1) The General Council shall keep proper accounts of all sums received or paid by it and proper records in relation to those accounts.

• (2) The accounts for each financial year of the General Council shall be audited by persons appointed by the Council.

• (3) No person may be appointed as an auditor under subsection (2) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

• (4) As soon as is reasonably practicable after the accounts of the General Council have been audited, the Council shall—

• (a) cause them to be published, together with any report on them made by the auditors; and

• (b) send a copy of the accounts and of any such report to the Privy Council.

• (5) The Privy Council shall lay any copy sent to them under subsection (4) before each House of Parliament.

Supplemental

Interpretation

41

In this Act—

• “adaptation period” means—in relation to registration under section 3 in reliance on a specified state qualification granted in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a fully registered osteopath;in relation to registration under section 3 in reliance on a specified state qualification granted otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a fully registered osteopath;

• “aptitude test” means an assessment with the aim of determining whether the person has reached the required standard of proficiency;

• “conditionally registered osteopath” means a person who is registered with conditional registration;

• ...

• “fully registered osteopath” means a person who is registered with full registration;

• “the General Council” means the General Osteopathic Council;

• ...

• “interim suspension order” has the meaning given in section 24(3);

• “opening of the register” means the date on which section 3 comes into force;

• “prescribed” means prescribed by rules made by the General Council;

• “provisionally registered osteopath” means a person who is registered with provisional registration;

• “recognised qualification” has the meaning given by section 14(1);

• “the register” means the register of osteopaths maintained by the Registrar under section 2;

• “registered” means registered in the register;

• “registered address” means the address which is entered in the register, in relation to the osteopath in question, in accordance with the requirements of section 6(1) and does not include any other address which may be entered in the register, in relation to him, by virtue of rules made under section 6(2);

• “registered osteopath” means a person who is registered as a fully registered osteopath, as a conditionally registered osteopath or as a provisionally registered osteopath;

• “the Registrar” has the meaning given in section 2(2);

• “relevant European State” means an EEA State or Switzerland;

• “the required standard of proficiency” means the standard determined by the General Council under section 13;

• “specified state professional” means a person who holds a specified state qualification;

• “specified state qualification” means a qualification in osteopathy granted in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

• “the statutory committees” has the meaning given by section 1(6);

• ...

• “training” includes continuing professional development;

• “unacceptable professional conduct” has the meaning given by section 20(2);

• “visitor” means a person appointed under section 12.

Short title, commencement, transitional provisions and extent

42

• (1) This Act may be cited as the Osteopaths Act 1993.

• (2) This Act shall come into force on such day as the Secretary of State may by order appoint.

• (3) The power conferred by subsection (2) shall be exercisable by statutory instrument.

• (4) Different days may be appointed by an order under subsection (2) for different purposes and different provisions.

• (5) Any order under subsection (2) may make such transitional provision as the Secretary of State considers appropriate.

• (6) The transitional provisions of Part III of the Schedule shall have effect.

• (7) This Act extends to the United Kingdom except that—

• (a) section 38(1) and section 39(2) extend only to Great Britain;

• (b) section 38(2)(c) and (e) extends only to Scotland;

• (c) section 39(3) extends only to Northern Ireland; and

• (d) section 38(2)(b) and (d) extends only to England and Wales.

SCHEDULE

Part I — The General Council

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3

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4

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5

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6

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7

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8

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...

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10

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...

11

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...

12

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...

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...

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Powers of the General Council

15

• (1) Subject to any provision made by or under this Act, the General Council shall have power to do anything which is calculated to facilitate the discharge of its functions or which is incidental or conducive to the discharge of its functions.

• (2) The General Council shall, in particular, have power—

• (a) to borrow;

• (b) to appoint such staff as it may determine;

• (c) to pay its staff such salaries as it may determine;

• (d) to pay its staff, and the members of its committees and any of their sub-committees, such allowances and expenses as it may determine;

• (e) to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;

• (ee) to pay its members such allowances and expenses as it may determine;

• (f) to establish such sub-committees of any of its committees as it may determine;

• (g) subject to any provision made by or under this Act, to regulate the procedure of any of its committees or their sub-committees;

• (h) to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees;

• (i) to delegate to any of its committees any functions of the General Council other than any power to make rules.

• (2A) Standing orders of the General Council may make provision with regard to the provisional suspension of a member of the General Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(4).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Subject to any provision made by or under this Act, the General Council may regulate its own procedure.

Part II — The Statutory Committees

General

16

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The General Council shall make provision by rules as to the procedure for such appointments , and as to the suspension and removal from office of the persons appointed.

• (3) The rules may make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the General Council in connection with the exercise of any function relating to the appointment of members or particular members of any statutory committee, including any function in relation to tenure of office or suspension or removal from office.

17

• (1) The co-option of any person to any of the statutory committees shall be subject to the approval of the General Council.

• (2) A co-opted member of any of the statutory committees may also be a member of the General Council.

• (3) The term of office of a co-opted member shall not exceed the period of 3 years beginning with the date of his co-option.

• (4) The General Council shall make further provision by rules in relation to co-option, including provision as to the procedure involved.

18

A person shall not be prevented from being a member of a statutory committee merely because he has previously been a member of that committee.

19

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20

The General Council may by rules make provision with respect to any sub-committee of a statutory committee including, in particular, provision as to the functions and powers to be conferred on the sub-committee, its composition and its relationship with the statutory committee.

21

• (1) The General Council may make rules regulating the procedure of the statutory committees and their sub-committees (if any) including, in particular, provision as to rules of evidence to be observed in proceedings before any such committee or sub-committee.

• (2) Subject to any provision made by or under this Act, including provision made by standing orders of the General Council by virtue of paragraph 15(2)(g), each statutory committee and any sub-committee of such a committee may regulate its own procedure.

22

• (1) If it appears to the General Council that any statutory committee is failing to perform its functions adequately, the General Council may give a direction as to the proper performance of those functions.

• (2) Where the General Council, having given a direction under sub-paragraph (1), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.

23

• (1) The powers of any statutory committee may be exercised even though there is a vacancy among its members.

• (2) No proceedings of a statutory committee shall be invalidated by any defect in the appointment of a member.

24

• (1) A person may be a member of more than one statutory committee.

• (2) No member of the Professional Conduct Committee or the Health Committee shall take part in dealing with an allegation referred to either committee by another committee if he is also a member of the committee which referred the allegation.

The Education Committee

25

The General Council shall by rules make provision with regard to the constitution of the Education Committee, and those rules shall include provision with regard to—

• (a) its size and membership;

• (b) its chair, including the deputising arrangements for its chair; and

• (c) the quorum at its meetings.

26

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27

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29

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The Investigating Committee

30

The General Council shall by rules make provision with regard to the constitution of the Investigating Committee, and those rules shall include provision with regard to—

• (a) its size and membership;

• (b) its chair, including the deputising arrangements for its chair; and

• (c) the quorum at its meetings.

31

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32

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33

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The Professional Conduct Committee

34

The General Council shall by rules make provision with regard to the constitution of the Professional Conduct Committee, and those rules shall include provision with regard to—

• (a) its size and membership;

• (b) its chair, including the deputising arrangements for its chair; and

• (c) the quorum at its meetings.

35

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36

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37

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The Health Committee

38

The General Council shall by rules make provision with regard to the constitution of the Health Committee, and those rules shall include provision with regard to—

• (a) its size and membership;

• (b) its chair, including the deputising arrangements for its chair; and

• (c) the quorum at its meetings.

39

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40

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41

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Part III — Transitional Provisions

The initial membership of the General Council

42

When first constituted, the membership of the General Council shall be determined in accordance with the provisions of this Schedule as modified by this Part.

The transitional periods

43

In this Part—

• “the three year transitional period” means the period beginning with the passing of this Act and ending with the third anniversary of the opening of the register;

• “the four year transitional period” means the period beginning with the passing of this Act and ending with the fourth anniversary of the opening of the register; and

• “the five year transitional period” means the period beginning with the passing of this Act and ending with the fifth anniversary of the opening of the register.

The osteopathic members

44

• (1) During the three year transitional period, paragraph 1(a) shall have effect as if it provided for the appointment of 12 members by the Privy Council.

• (2) Each of those members shall be appointed by the Privy Council after consultation with bodies in the United Kingdom appearing to the Privy Council to represent practising osteopaths.

• (3) When appointing any such member the Privy Council shall designate him as a person appointed as one of the 12 members provided for by paragraph 1(a) (as modified by this paragraph).

• (4) In this paragraph “osteopathic member” means a member designated under this paragraph.

• (5) Each of the osteopathic members shall, at the time of his appointment, be a person appearing to the Privy Council to be a practising osteopath.

• (6) One of the osteopathic members shall be expressly appointed as a member who is also a registered medical practitioner at the time of his appointment.

• (7) Paragraph 6 shall not apply to any of the osteopathic members.

• (8) Subject to paragraphs 4, 5 and 7, the term of office of each of the osteopathic members shall end at the end of the three year transitional period.

The lay members

45

• (1) The members appointed by the Privy Council under paragraph 1(b) during the five year transitional period shall each be designated by the Privy Council as a person appointed under paragraph 1(b).

• (2) In this Part “lay member” means a member designated under this paragraph.

• (3) Paragraph 11 shall have effect during the five year transitional period as if “registered osteopaths” and “registered osteopath” read, respectively, “persons appearing to the Privy Council to be practising osteopaths” and “a person appearing to the Privy Council to be a practising osteopath”.

• (4) Subject to paragraphs 4 to 7, the term of office of each of the lay members shall end at the end of the five year transitional period.

The education members

46

• (1) During the four year transitional period, paragraph 1(c) shall have effect as if it provided for the appointment of 3 members by the Privy Council.

• (2) Each of those members shall be appointed by the Privy Council after consultation with the Secretary of State.

• (3) When appointing any such member the Privy Council shall designate him as a person appointed as one of the 3 members provided for by paragraph 1(c) (as modified by this paragraph).

• (4) The 3 education members shall be persons appearing to the Privy Council to be qualified to advise the General Council on matters relating to education and training in osteopathy.

• (5) In this paragraph “education member” means a member designated under this paragraph.

• (6) Paragraph 6 shall not apply to any of the education members.

• (7) Subject to paragraphs 4 to 7, the term of office of each of the education members shall end at the end of the four year transitional period.

The Secretary of State’s nominee

47

Subject to paragraphs 4, 5 and 7, the term of office of any person appointed by the Secretary of State under paragraph 1(d) during the four year transitional period shall come to an end at the end of that period.

Appointment of first Chairman

48

• (1) The first Chairman of the General Council shall be appointed by the Privy Council from among the lay members to serve as such until the end of the first meeting of the Council to be held after the first election of members under paragraph 1(a).

• (2) If a person appointed as Chairman of the Council during the three year transitional period fails to serve his full term of office as Chairman, his successor as Chairman shall be appointed by the Privy Council from among the lay members for the residue of the unexpired term.

• (3) Paragraph 14(3) shall have effect in relation to any Chairman appointed by the Privy Council under this paragraph as if for paragraph (c) there were substituted—

(c) his removal by the Privy Council, where the Privy Council agrees to a request for his removal made by a majority of the other members of the General Council;

.

• (4) Paragraph 14(3)(d) shall not apply in relation to any person serving as the Chairman appointed by the Privy Council under this paragraph.

The General Osteopathic Council and its committees.

Editorial notes