2000 No. 1065 (C. 30)
The Osteopaths Act 1993 (Commencement No. 6 and Transitional Provision) Order 2000
Made
The Secretary of State for Health, in exercise of the powers conferred upon him by section 42(2), (4) and (5) of the Osteopaths Act 19931, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Osteopaths Act 1993 (Commencement No. 6 and Transitional Provision) Order 2000.
2
In this Order, “the Act” means the Osteopaths Act 1993.
Appointed Day2
9th May 2000 is the day appointed for the coming into force of the following provisions of the Act and those provisions shall come into force on that day for all purposes—
a
section 7(3) (which provides that an osteopath whose registration has been suspended ceases to be a registered osteopath for the purposes of section 32(1)); and
b
section 32(1) (which provides that a person who describes himself in certain ways is guilty of an offence unless he is a registered osteopath) and section 32(3) so far as not yet in force.
Transitional provision3
1
This article applies where an application for registration under the Act has been made before 9th May 2000 which—
a
has not been determined by that date; or
b
has been refused prior to that date, but—
i
on that date the period for an appeal to the General Council mentioned in section 29(3) of the Act, or for any subsequent appeal from the decision of the General Council or of a court which is unfavourable to the applicant has not expired;
ii
an appeal has been made within the period for an appeal to the General Council, or for a subsequent appeal from the decision of the General Council or of a court which is unfavourable to the applicant and on that date that appeal has not yet been heard, or has been heard but no decision has been given; or
iii
permission is required for an appeal to a court and on that date the period during which that permission could be sought has not expired, or by that date permission has been sought but the application for permission has not yet been heard, or if it has been heard, no decision has been given.
2
Where an application for registration falling within paragraph (1) results in registration, whether by the Registrar in response to the application or following a successful appeal to the General Council or to a court, section 32(1) of the Act shall not apply to the applicant during the period beginning with 9th May 2000 and ending on the date of registration.
3
Where an application for registration falling within paragraph (1) does not result in registration, whether by the Registrar in response to the application or following an unsuccessful appeal to the General Council or to a court, section 32(1) of the Act shall not apply to the applicant until the date specified in paragraph (4), (5) or (6) below.
4
Where the applicant has not exhausted his rights of appeal, the date shall be that following—
a
the last day of the period during which an appeal against the decision, whether that of the Registrar, General Council or a court, or any subsequent appeal decision, could have been made; or
b
where permission to appeal is required, the last day of the period during which that permission could have been sought.
5
Where an applicant has exhausted his rights of appeal and accordingly no further appeal against an appeal decision or a decision refusing permission to appeal is possible, the date shall be that following the date of the final decision disallowing the appeal, or, as the case may be, the refusal of permission to appeal.
6
Where an applicant takes the necessary steps for an appeal to be discontinued or dismissed by a court, the date shall be that following the date of discontinuance or, as the case may be, the dismissal by a court.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been brought into force by Commencement Order made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1(1) | 14th January 1997 | |
Section 1(2) | 14th January 1997 (partially) and 9th May 1998 (remainder) | |
Section 1(3) | 14th January 1997 (partially), 1st April 1998 (partially), 9th May 1998 (partially) and 8th March 2000 (remainder) | |
Section 1(4) (partially) | 14th January 1997, 1st April 1998 and 8th March 2000 | |
Section 1(5) | 1st April 1998 (partially), 5th July 1999 (partially) and 8th March 2000 (remainder) | |
Section 1(6) | 1st April 1998 | |
Section 1(7) | 1st April 1998 (partially), 5th July 1999 (partially) and 8th March 2000 (remainder) | |
Section 1(8) | 14th January 1997 | |
Section 1(9) | 1st April 1998 (partially), 5th July 1999 (partially) and 8th March 2000 (remainder) | |
Section 1(10) to (12) | 14th January 1997 | |
Section 2 | 14th January 1997 (partially) and 9th May 1998 (remainder) | |
Section 3 | 1st April 1998 (partially) and 9th May 1998 (remainder) | |
Section 4 | 1st April 1998 (partially) and 9th May 1998 (remainder) | |
Section 5 | 8th March 2000 | |
Section 6 | 1st April 1998 (partially) and 9th May 1998 (remainder) | |
Section 7(1) and (2) | 5th July 1999 (partially) and 8th March 2000 (remainder) | |
Section 8 | 8th March 2000 | |
Section 9 | 9th May 1998 (partially) and 8th March 2000 (remainder) | |
Section 10 | 9th May 1998 (partially), 5th July 1999 (partially) and 8th March 2000 (remainder) | |
Section 11 | 1st April 1998 | |
Section 12 | 9th May 1998 | |
Section 13 | 1st April 1998 | |
Section 14 to 16 | 9th May 1998 | |
Section 17 | 8th March 2000 | |
Section 18 | 9th May 1998 | |
Section 19 | 1st April 1998 | |
Section 20 and 21 | 5th July 1999 | |
Section 22 to 26 | 8th March 2000 | |
Section 27 and 28 | 5th July 1999 | |
Section 29 | 9th May 1998 | |
Section 30 and 31 | 8th March 2000 | |
Section 32 (partially) | 8th March 2000 | |
Section 33 | 9th May 1998 | |
Section 34 | 14th January 1997 | |
Section 35 | 14th January 1997 (partially) and 8th March 2000 (remainder) | |
Section 36 | 14th January 1997 (partially) and 8th March 2000 (remainder) | |
Section 37 | 1st April 1998 | |
Section 38 | 9th May 1998 | |
Section 39 | 1st April 1998 | |
Section 40 | 14th January 1997 | |
Section 41 | 14th January 1997 (partially), 1st April 1998 (partially) and 5th July 1999 (remainder) | |
Section 42 | 14th January 1997 (partially) and 9th May 1998 (remainder) | |
In the Schedule— | ||
in Part I— | ||
paragraphs 1, 2, 4, 5 and 6 | 14th January 1997 | |
paragraph 7 | 8th March 2000 | |
paragraphs 8, 11, 13 and 14(2) | 14th January 1997 | |
paragraph 14(3) (partially) | 14th January 1997 | |
paragraph 14(5) (partially) | 1st April 1998 | |
paragraph 15 | 14th January 1997 | |
in Part II— | ||
paragraphs 16 to 21 and 23 to 24(1) | 1st April 1998 (partially), 5th July 1999 (partially) and 8th March 2000 (remainder) | |
paragraph 22 | 5th July 1999 (partially) and 8th March 2000 (remainder) | |
paragraph 24(2) | 8th March 2000 | |
paragraphs 25 to 29 | 1st April 1998 | |
paragraphs 30 to 33 | 1st April 1998 (partially) and 5th July 1999 (remainder) | |
paragraphs 34 to 41 | 1st April 1998 (partially) and 8th March 2000 (remainder) | |
Part III | 14th January 1997 |