The Chiropractors Act 1994 (Commencement No. 1 and Transitional Provision) Order 1998

Made: 13th August 1998

The Secretary of State for Health, in exercise of the powers conferred upon him by section 44(3), (5) and (6) of the Chiropractors Act 1994¹, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Chiropractors Act 1994 (Commencement No. 1 and Transitional Provision) Order 1998.

• (2) In this Order “the Act” means the Chiropractors Act 1994.

Appointed day

2

14th August 1998 is the day appointed for the coming into force of each provision of the Act specified in the first column of the Schedule to this Order (which relate to the matters mentioned in the second column of the Schedule) and, save as otherwise provided in the first column of the Schedule, those provisions shall come into force on that day for all purposes.

Transitional provision

3

Until such time as a person appointed to be the registrar under section 2(1) of the Act takes office—

• (a) paragraph 5 of Schedule 1 to the Act shall have effect as if for the word “Registrar” there were substituted the words “Chairman of the General Council”; and

• (b) paragraph 14(2) of that Schedule shall have effect as if for the word “Registrar” there were substituted the words “Privy Council”.

SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 14th AUGUST 1998

Signed

Frank Dobson — One of Her Majesty’s Principal Secretaries of State, — Department of Health — 13th August 1998

Explanatory note

(This note is not part of the Order)

This Order brings into force on 14th August 1998 section 1(1) of the Chiropractors Act 1994 for the purpose of establishing the General Chiropractic Council (“the Council”). The duty of the Council, under section 1(2) of the Act, to develop, promote and regulate the profession of chiropractic, is brought into force for the purpose of enabling the Council to prepare for the exercise of its functions under the Act.

The Order also brings into force the following provisions of the Act—

• section 1(3), under which the Council shall have other functions conferred on it by the Act;

• section 1(4) and certain provisions in Part I of Schedule 1 to the Act, relating to the membership and powers of the Council for the purpose of discharging its functions under the Act;

• section 1(8), under which the Council may appoint committees;

• section 1(10) to (12), under which Her Majesty in Council may make provision with respect to the matters dealt with by Schedule 1 to the Act, namely the Council and certain committees;

• section 2(1), (2) and (4) to (6), relating to the appointment of the Registrar of Chiropractors;

• section 34, which relates to the powers of the Privy Council where the General Chiropractic Council fails to perform its functions;

• section 35(1), (2) and (4), relating to the making of rules under the Act;

• section 36(1), (2) and (4) to (6), relating to the exercise of powers by the Privy Council;

• section 41, relating to accounts to be kept by the Council;

• section 43 in respect of certain definitions; and

• section 44(1), (3) to (6) and (8) in respect of the short title of the Act, the territorial extent of the Act and the power of the Secretary of State to bring the Act into force and make transitional provision.

The Order also brings into force section 44(7) and Part III of Schedule 1 to the Act for the purpose of making transitional provision for the membership of the Council during the period before, and for certain periods after, the commencement of the provisions dealing with registration of chiropractors. The Order includes a transitional provision as to the notification of resignation by the Chairman or a member of the Council while the office of Registrar is vacant.

Footnotes