Statutory Instruments
OSTEOPATHS
Made
30th June 1999
Coming into force
5th July 1999
At the Council Chamber, Whitehall, the 30th day of June 1999
By the Lords of Her Majesty's Most Honourable Privy Council
Whereas in pursuance of sections 27(3) and 35(2) of the Osteopaths Act 1993(1) the General Osteopathic Council have made the General Osteopathic Council (Legal Assessors) Rules 1999 as set out in the Schedule to this Order:
And whereas by sections 35(1) and 36 of that Act such rules shall not come into force until approved by order of the Privy Council:
Now, therefore, Their Lordships, having taken the said Rules into consideration, are pleased to, and do hereby, approve the same.
This Order may be cited as the General Osteopathic Council (Legal Assessors) Rules Order of Council 1999 and shall come into force on 5th July 1999.
A. K. Galloway
Clerk of the Privy Council
The General Osteopathic Council in exercise of their powers under sections 27(3) and 35(2) of the Osteopaths Act 1993(2) hereby make the following Rules:-
1. These Rules may be cited as the General Osteopathic Council (Legal Assessors) Rules 1999 and shall come into force on 5th July 1999.
2. In these Rules, unless the context otherwise requires-
"the Act" means the Osteopaths Act 1993;
"the Committee" means the Investigating Committee, the Professional Conduct Committee, or the Health Committee as the case may be;
"Legal Assessor" means an Assessor appointed under section 27 of the Osteopaths Act 1993.
3. A Legal Assessor shall have the following additional functions-
(a)to give advice to the General Council on questions of law arising in connection with any matter which the General Council is considering;
(b)to be present at such meetings of the Committee as the Committee may request at which an allegation against a registered osteopath is being considered and to advise on any questions of law arising which may be referred to him by the Committee;
(c)to inform the General Council or the Committee forthwith of any irregularity in the General Council's or the Committee's consideration of any complaint or in the conduct of any proceedings before the General Council or that Committee which may come to his knowledge and to advise it of his own motion where it appears to him that but for such advice, there is a possibility of a mistake of law being made;
(d)to be present at such meetings of the General Council as the General Council may require at which an appeal under section 29 of the Act is being considered, to advise on any question of law arising which may be referred to him by the General Council and to question any witness giving evidence at an oral hearing of such an appeal.
Given under the official seal of the General Osteopathic Council this twenty second day of June nineteen hundred and ninety nine.
L.S.
Simon Fielding
Chairman
(This note is not part of the Order)
This Order, made under the Osteopaths Act 1993, approves rules made by the General Osteopathic Council conferring additional functions on legal assessors appointed by the Council under section 27 of the Act.
In addition to the functions set out in section 27 of the Osteopaths Act 1993, legal assessors are also to have the functions set out in rule 3 of these Rules.
1993 c. 21, section 27 was amended by the Chiropractors Act 1994 (c. 17), Schedule 2.