The Osteopaths Act 1993 (Commencement No. 1 and Transitional Provision) Order 1997

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 14th January 1997 section 1(1) of the Osteopaths Act 1993 for the purpose of establishing the General Osteopathic Council (“the Council”). The duty of the Council, under section 1(2) of the Act, to develop, promote and regulate the profession of osteopathy, 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 the Schedule, 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 the Schedule, namely the Council and certain committees;

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

• section 34, which relates to the powers of the Privy Council where the General Osteopathic 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 40, relating to accounts to be kept by the Council;

• section 41 in respect of certain definitions; and

• section 42(1) to (5) and (7) 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 42(6) and Part III of the Schedule 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 osteopaths. 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.