Osteopaths Act 1993

Part II U.K. The Statutory Committees

General U.K.

16 (1) The members of the statutory committees, other than co-opted members, shall be appointed by the General Council [F1 and may be, but are not required to be, appointed] from among the members of the Council. U.K.

(2) The General Council shall make provision by rules as to the procedure for such appointments [F2 , and as to the suspension and removal from office of the persons appointed].

[F3 (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.]

Textual Amendments

F1 Words in Sch. Pt. II para. 16(1) inserted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(4)(a)

F2 Words in Sch. Pt. II para. 16(2) inserted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(4)(b)

F3 Sch. Pt. II para. 16(3) inserted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(4)(c)

Commencement Information

I1 Sch. Pt. II para. 16 wholly in force at 8.3.2000; Sch. Pt. II para. 16 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 16 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 16 in force for further specified purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 16 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

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

(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.

Commencement Information

I2 Sch. Pt. II para. 17 wholly in force at 8.3.2000; Sch. Pt. II para. 17 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 17 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 17 in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 17 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

18 U.K. 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.

Commencement Information

I3 Sch. Pt. II para. 18 wholly in force at 8.3.2000; Sch. Pt. II para. 18 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 18 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 18 in force for certain purposes at 5.7.1999 by 1999/1767, art. 2(h)(i); Sch. Pt. II para. 18 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

19 U.K. [F4 Any member of a statutory committee (other than a co-opted member) shall hold office until he ceases to be a member of the General Council or, where he is a member of the committee by virtue of being Chairman of the General Council, until he ceases to be Chairman of the General Council.]

Textual Amendments

F4 Sch. Pt. II para. 19 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(5)

Commencement Information

I4 Sch. Pt. II para. 19 wholly in force at 8.3.2000; Sch. Pt. II para. 19 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 19 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para 19 in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 19 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

20 U.K. 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.

Commencement Information

I5 Sch. Pt. II para. 20 wholly in force at 8.3.2000; Sch. Pt. II para. 20 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 20 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para 20 in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 20 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

21 (1) The General Council [F5 shall][F5 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. U.K.

(2) Subject to any[F6 provision made by or under this Act,] [F7 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.

Textual Amendments

F5 Words in Sch. Pt. II para. 21(1) substituted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(6)(a)

F6 Words in Sch. Pt. II para. 21(2) substituted (5.7.1994) by 1994 c. 17, s. 42, Sch. 2 para. 10(3)

F7 Words in Sch. Pt. II para. 21(2) inserted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(6)(b)

Commencement Information

I6 Sch. Pt. II para. 21 wholly in force at 8.3.2000; Sch. Pt. II para. 21 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 21 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 21 in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 21 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

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. U.K.

(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.

Commencement Information

I7 Sch. Pt. II para. 22 wholly in force at 8.3.2000; Sch. Pt. II para. 22 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 22 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 22 in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 22 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

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

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

Commencement Information

I8 Sch. Pt. II para. 23 wholly in force at 8.3.2000; Sch. Pt. II para. 23 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 23 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 23 in force for certain purposes at 5.7.1999 by 1999/1767, art. 2(i)(i); Sch. Pt. II para. 23 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

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

(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.

Commencement Information

I9 Sch. Pt. II para. 24 wholly in force at 8.3.2000; Sch. Pt. II para. 24 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 24(1) in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 24(1) in force for certain purposes at 5.7.1999 by S.I. 1999/1767, art. 2(i)(i); Sch. Pt. II para. 24 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

The Education Committee U.K.

25 [F8 (1) The Education Committee shall consist of— U.K.

(a) 6 of the members of the General Council elected by fully registered osteopaths;

(b) 3 of the members of the General Council appointed by the Privy Council;

(c) the 3 members of the General Council appointed by the Education Committee;

(d) the member of the General Council appointed by the Secretary of State.

(2) In appointing the members of the Committee, the General Council shall secure, so far as is compatible with the provisions of sub-paragraph (1), that its Chairman is a member of the Committee.]

[F8 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.]

Textual Amendments

F8 Sch. Pt. II para. 25 substituted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(7)

26 U.K. [F9 The Committee may co-opt up to 8 further members.]

Textual Amendments

F9 Sch. Pt. II para. 26 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(8)

27 [F10 (1) Subject to sub-paragraph (2), the members of the Committee shall elect a Chairman from among themselves. U.K.

(2) The Chairman shall not be the Chairman of the General Council or a co-opted member of the Committee.

(3) In the event of a tie in any voting, the Chairman of the Committee shall have an additional casting vote.]

Textual Amendments

F10 Sch. Pt. II para. 27 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(8)

28 U.K. [F11 The quorum of the Committee shall be 7, of whom at least 4 shall be members of the General Council.]

Textual Amendments

F11 Sch. Pt. II para. 28 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(8)

29 [F12 (1) The 3 members appointed to the General Council by the Committee shall not be entitled to take part in the appointment of any of their successors. U.K.

(2) The member appointed to the General Council by the Secretary of State shall also not be entitled to take part in the appointment of any of the successors to the 3 members mentioned in sub-paragraph (1).

(3) Where the Chairman of the Committee is prevented by sub-paragraph (1) or (2) from taking part in an appointment the appointment shall be made in accordance with rules made by the General Council.]

Textual Amendments

F12 Sch. Pt. II para. 29 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(8)

The Investigating Committee U.K.

30 U.K. [F13 The Investigating Committee shall consist of at least 8 members of the General Council, of whom at least 2 shall be members of the General Council appointed by the Privy Council.]

[F13 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.]

Textual Amendments

F13 Sch. Pt. II para. 30 substituted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(9)

Commencement Information

I10 Sch. Pt. II para. 30 wholly in force at 5.7.1999; Sch. Pt. II para. 30 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 30 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 30 in force at 5.7.1999 insofar as not already in force by S.I 1999/1767, art. 2(h)(ii).

31 U.K. [F14 The Committee may co-opt up to 8 further members.]

Textual Amendments

F14 Sch. Pt. II para. 31 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(10)

Commencement Information

I11 Sch. Pt. II para. 31 wholly in force at 5.7.1999; Sch. Pt. II para. 31 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 31 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 31 in force at 5.7.1999 insofar as not already in force by S.I. 1999/1767, art. 2(h)(ii)

32 [F15 (1) Subject to sub-paragraph (2), the members of the Committee shall elect a Chairman from among themselves. U.K.

(2) The Chairman shall not be the Chairman of the General Council or a co-opted member of the Committee.

(3) In the event of a tie in any voting, the Chairman of the Committee shall have an additional casting vote.

(4) In the event of a tie in voting in respect of a decision under section 20(9)(c) or section 21(2), the Chairman shall cast his additional vote in favour of the osteopath concerned.]

Textual Amendments

F15 Sch. Pt. II para. 32 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(10)

Commencement Information

I12 Sch. Pt. II para. 32 wholly in force at 5.7.1999; Sch. Pt. II para. 32 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 32 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt II para. 32 in force at 5.7.1999 insofar as not already in force by S.I. 1999/1767, art. 2(h)(ii).

33 U.K. [F16 The quorum of the Committee shall be 7, of whom at least 4 shall be members of the General Council.]

Textual Amendments

F16 Sch. Pt. II para. 33 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(10)

Commencement Information

I13 Sch. Pt. II para. 33 wholly in force at 5.7.1999; Sch. Pt. II para. 33 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 33 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt II para 33 in force at 5.7.1999 insofar as not already in force by S.I. 1999/1767, art. 2 (h)(ii).

The Professional Conduct Committee U.K.

34 U.K. [F17 The Professional Conduct Committee shall consist of at least 6 members of the General Council, of whom at least 2 shall be members of the General Council appointed by the Privy Council.]

[F17 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.]

Textual Amendments

F17 Sch. Pt. II para. 34 substituted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(11)

Commencement Information

I14 Sch. Pt. II para. 34 wholly in force at 8.3.2000; Sch. Pt. II para. 34 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 34 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 34 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

35 U.K. [F18 The Committee may co-opt up to 4 further members.]

Textual Amendments

F18 Sch. Pt. II para. 35 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(12)

Commencement Information

I15 Sch. Pt. II para. 35 wholly in force at 8.3.2000; Sch. Pt. II para. 35 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 35 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 35 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

36 [F19 (1) If the Chairman of the General Council is a member of the Committee he shall be Chairman of the Committee. U.K.

(2) If he is not a member of the Committee, the members shall elect a Chairman from among those members who are not co-opted members.

(3) In the event of a tie in any voting, the Chairman of the Committee shall have an additional casting vote.

(4) In the event of a tie in voting in respect of a decision under section 22 or section 24, the Chairman shall cast his additional vote in favour of the osteopath concerned.]

Textual Amendments

F19 Sch. Pt. II para. 36 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(12)

Commencement Information

I16 Sch. Pt. II para. 36 wholly in force at 8.3.2000; Sch. Pt. II para. 36 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 36 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 36 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

37 U.K. [F20 The quorum of the Committee shall be 5, of whom at least 3 shall be members of the General Council.]

Textual Amendments

F20 Sch. Pt. II para. 37 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(12)

Commencement Information

I17 Sch. Pt. II para. 37 wholly in force at 8.3.2000; Sch. Pt. II para. 37 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 37 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 37 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

The Health Committee U.K.

38 U.K. [F21 The Health Committee shall consist of at least 6 members of the General Council, of whom—

(a) at least 2 shall be members of the General Council appointed by the Privy Council; and

(b) at least one shall be a registered medical practitioner at the time of his appointment.]

[F21 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.]

Textual Amendments

F21 Sch. Pt. II para. 38 substituted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(13)

Commencement Information

I18 Sch. Pt. II para. 38 wholly in force at 8.3.2000; Sch. Pt. II para. 38 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 38 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 38 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

39 U.K. [F22 The Committee may co-opt up to 4 further members.]

Textual Amendments

F22 Sch. Pt. II para. 39 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(14)

Commencement Information

I19 Sch. Pt. II para. 39 wholly in force at 8.3.2000; Sch. Pt. II para. 39 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 39 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 39 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

40 [F23 (1) If the Chairman of the General Council is a member of the Committee he shall be Chairman of the Committee. U.K.

(2) If he is not a member of the Committee, the members shall elect a Chairman from among those members who are not co-opted members.

(3) In the event of a tie in any voting, the Chairman of the Committee shall have an additional casting vote.

(4) In the event of a tie in voting in respect of a decision under section 23 or section 24, the Chairman shall cast his additional vote in favour of the osteopath concerned.]

Textual Amendments

F23 Sch. Pt. II para. 40 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(14)

Commencement Information

I20 Sch. Pt. II para. 40 wholly in force at 8.3.2000; Sch. Pt. II para. 40 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 40 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 40 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2

41 U.K. [F24 The quorum of the Committee shall be 5, none of whom need be registered medical practitioners but at least 3 of whom shall be members of the General Council.]

Textual Amendments

F24 Sch. Pt. II para. 41 omitted (9.7.2008 for specified purposes) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(3), Sch. 3 para. 9(14)

Commencement Information

I21 Sch. Pt. II para. 41 wholly in force at 8.3.2000; Sch. Pt. II para. 41 not in force at Royal Assent see s. 42(2)(4)(5); Sch. Pt. II para. 41 in force for specified purposes at 1.4.1998 by S.I. 1998/872, art. 2(1)(j)(2)(b); Sch. Pt. II para. 41 in force at 8.3.2000 insofar as not already in force by S.I. 2000/217, art. 2