Osteopaths Act 1993

Miscellaneous U.K.

34 Default powers of the Privy Council. U.K.

(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.

35 Rules. U.K.

(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 F1 ... 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.

F2 (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.

Textual Amendments

F1 Words in s. 35(2) omitted (1.4.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(4), Sch. 3 para. 5; S.I. 2008/3150, art. 3(b)(ii)

F2 S. 35(3) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 33(7), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)

Commencement Information

I1 S. 35 wholly in force at 8.3.2000; s. 35 not in force at Royal Assent see s. 42(2)(4)(5); s. 35(1)(2)(4) in force at 14.1.1997 by S.I. 1997/34, art. 2, Sch.; s. 35 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

36 Exercise of powers of Privy Council. U.K.

(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 [F3 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.

Textual Amendments

F3 Words in s. 36(3) inserted (9.7.2008 for specified purposes, 1.4.2009 in so far as not already in force) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 6; S.I. 2008/3150, art. 3(b)(i)

Commencement Information

I2 S. 36 wholly in force at 8.3.2000; s. 36 not in force at Royal Assent see s. 42(2)(4)(5); s. 36(1)(2)(4)-(6) in force at. 14.1.1997 by S.I. 1997/34, art. 2, Sch.; s. 36 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

37 Professional indemnity insurance. U.K.

(1) The General Council may by rules make provision requiring—

(a) registered osteopaths who are practising as osteopaths, or

(b) prescribed categories of registered osteopaths who are practising as osteopaths,

to secure that they are properly insured against liability to, or in relation to, their patients.

[F4 (1A) In subsection (1) “registered osteopath” does not include a temporarily registered osteopath.]

(2) The rules may, in particular—

(a) prescribe risks, or descriptions of risk, with respect to which insurance is required;

(b) prescribe the amount of insurance that is required either generally or with respect to prescribed risks;

(c) make such provision as the General Council considers appropriate for the purpose of securing, so far as is reasonably practicable, that the requirements of the rules are complied with;

(d) make provision with respect to failure to comply with their requirements (including provision for treating any failure as constituting unacceptable professional conduct).

Textual Amendments

F4 S. 37(1A) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 213

F5 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 38 repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2

[F6 39 Exemption from provisions about rehabilitation of offenders. U.K.

(1) In this section—

• “the 1975 Order” means the M1 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 M2 Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (professions etc. with respect to which provisions of the M3 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.]

Extent Information

E1 S. 39 extends to United Kingdom with exceptions, see s. 42(7).

Textual Amendments

F6 S. 39 repealed (prosp.) by 1997 c. 50, ss. 133(c), 134(2), 135, Sch. 10

Marginal Citations

M1 S.I. 1975/1023.

M2 S.R. 1979 No. 195.

M3 S.I. 1978/1908 (N.I. 27).

40 Financial provisions. U.K.

(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 [F7 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.

Textual Amendments

F7 Words in s. 40(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 3(b) (with arts. 6, 11, 12)

[F8 40A. Annual reports, statistical reports and strategic plans U.K.

(1) The General Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of its functions which includes a description of the arrangements that the General Council has put in place to ensure that it adheres to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the General Council has put in place to protect members of the public from registered osteopaths whose fitness to practise is impaired, together with the General Council’s observations on the report; and

(c) a strategic plan for the General Council in respect of such number of years as the General Council shall determine.

(2) The General Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.]

Textual Amendments

F8 S. 40A inserted (1.4.2009) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(4), Sch. 3 para. 7; S.I. 2008/3150, art. 3(b)(ii)