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URL: http://www.bailii.org/uk/legis/num_reg/2001/20012028.html
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| Made | 7th May 2001 |
The Secretary of State for Health, in exercise of the powers conferred upon him by section 44(3) and (6) of the Chiropractors Act 1994[1], hereby makes the following Order:
Citation and interpretation
1. - (1) This Order may be cited as the Chiropractors Act 1994 (Commencement No. 5 and Transitional Provision) Order 2001.
(2) In this Order, "the Act" means the Chiropractors Act 1994.
Appointed Day
2. 15th June 2001 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 a chiropractor whose registration has been suspended ceases to be a registered chiropractor 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 chiropractor) and section 32(3) so far as not yet in force.
Transitional provision
3.
- (1) This article applies where an application for registration under the Act has been made before 15th June 2001 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 allowed 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 15th June 2001 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 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.
Alan Milburn
One of Her Majesty's Principal Secretaries of State, Secretary of State for Health
7th May 2001
(This note is not part of the Order)
This Order brings into force on 15th June 2001 sections 7(3), 32(1) and 32(3) of the Chiropractors Act 1994 relating to offences committed by persons describing themselves as chiropractors or in similar ways without being registered with the General Chiropractic Council.
This Order includes a transitional provision so as to delay for certain periods the coming into force of the offence in section 32(1) where an application for registration with the General Chiropractic Council has been made prior to 15th June 2001.
(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 August 1998 | 1998/2031 |
| Section 1(2)(partially) | 14th August 1998 | 1998/2031 |
| (partially) | 13th May 1999 | 1999/1309 |
| (partially) | 15th June 1999 | 1999/1496 |
| (partially) | 7th September 2000 | 2000/2388 |
| Section 1(3) (partially) | 14th August 1998 | 1998/2031 |
| (partially) | 13th May 1999 | 1999/1309 |
| (partially) | 15th June 1999 | 1999/1496 |
| (partially) | 7th September 2000 | 2000/2388 |
| Section 1(4) (partially) | 14th August 1998 | 1998/2031 |
| (partially) | 13th May 1999 | 1999/1309 |
| Section 1(5), (6) and (7) (partially) | 13th May 1999 | 1999/1309 |
| (remainder) | 7th September 2000 | 2000/2388 |
| Section 1(8) | 14th August 1998 | 1998/2031 |
| Section 1(9) (partially) | 13th May 1999 | 1999/1309 |
| (remainder) | 7th September 2000 | 2000/2388 |
| Section 1(10), (11) and (12) | 14th August 1998 | 1998/2031 |
| Section 2, except for subsection (3) | 14th August 1998 | 1998/2031 |
| subsection (3) | 15th June 1999 | 1999/1496 |
| Sections 3, 4, 6 | 15th June 1999 | 1999/1496 |
| Sections 7 (partially) and 8 (partially) | 7th September 2000 | 2000/2388 |
| Section 9 | 15th June 1999 | 1999/1496 |
| Section 10 (partially) | 15th June 1999 | 1999/1496 |
| (remainder) | 7th September 2000 | 2000/2388 |
| Sections 11 to 16 | 13th May 1999 | 1999/1309 |
| Section 18 | 13th May 1999 | 1999/1309 |
| Section 19 | 15th June 1999 | 1999/1496 |
| Sections 20 to 28 | 7th September 2000 | 2000/2388 |
| Section 29 | 15th June 1999 | 1999/1496 |
| Sections 30 and 31 | 7th September 2000 | 2000/2388 |
| Section 32 (partially) | 7th September 2000 | 2000/2388 |
| Section 33 | 13th May 1999 | 1999/1309 |
| Section 34 | 14th August 1998 | 1998/2031 |
| Section 35, except for subsection (3) | 14th August 1998 | 1998/2031 |
| subsection (3) | 7th September 2000 | 2000/2388 |
| Section 36, except for subsection (3) | 14th August 1998 | 1998/2031 |
| subsection (3) | 15th June 1999 | 1999/1496 |
| Sections 37, 38 and 40 | 15th June 1999 | 1999/1496 |
| Section 39 | 13th May 1999 | 1999/1309 |
| Section 41 | 14th August 1998 | 1998/2031 |
| Section 43 (partially) | 14th August 1998 | 1998/2031 |
| (partially) | 13th May 1999 | 1999/1309 |
| (partially) | 15th June 1999 | 1999/1496 |
| (partially) | 7th September 2000 | 2000/2388 |
| Section 44 (partially) | 14th August 1998 | 1998/2031 |
| (partially) | 13th May 1999 | 1999/1309 |
| (remainder) | 15th June 1999 | 1999/1496 |
|
In Schedule 1 - |
||
|
in Part I, paragraphs 1, 2, 4, 5 and 6 |
14th August 1998 | 1998/2031 |
|
paragraph 7 |
13th May 1999 | 1999/1309 |
|
paragraphs 8, 11, 13, 14(2) and 14(3) (partially) |
14th August 1998 | 1998/2031 |
|
paragraph 14(5)(b) |
13th May 1999 | 1999/1309 |
|
paragraph 15 |
14th August 1998 | 1998/2031 |
|
in Part II, paragraphs 16 and 17; and paragraphs 18 to 20, 21(2) and 22 to 23 (partially); and paragraphs 25 to 29 |
13th May 1999 | 1999/1309 |
|
Part II, remainder |
7th September 2000 | 2000/2388 |
|
Part III |
14th August 1998 | 1998/2031 |
Notes:
[1] 1994 c. 17.back
ISBN 0 11 029518 8