This Order may be cited as the General Osteopathic Council (Transitional Period) (Application for Registration and Fees) Rules Order of Council 1998 and shall come into force on 1st April 1998.

SCHEDULETHE GENERAL OSTEOPATHIC COUNCIL (TRANSITIONAL PERIOD) (APPLICATION FOR REGISTRATION AND FEES) RULES 1998

The General Osteopathic Council, in exercise of their powers under sections 3(2)(a) and (5), 4(2)(a) and (9) of the Osteopaths Act 1993(2), and of all other powers enabling them in that behalf, hereby make the following Rules:

PART IIntroduction

Citation and commencement

1. These Rules may be cited as the General Osteopathic Council (Transitional Period) (Application for Registration and Fees) Rules 1998 and shall come into force on 1st April 1998.

Interpretation

2.-(1) In these Rules, unless the context otherwise requires-

"the Act" means the Osteopaths Act 1993; and

"applicant" means a person applying to be registered.

(2) In these Rules, any reference to the sending of a document is a reference to sending it by post and the document shall be treated as having been sent on the day that it was posted.

(3) Unless the context otherwise requires, a reference-

(a)in these Rules

(i)to a numbered rule is a reference to the rule bearing that number in these Rules;

(ii)to a numbered schedule is a reference to the Schedule bearing that number in these Rules; and

(b)in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.

PART IIApplication for Registration during the Transitional Period

Application for registration as a registered osteopath

3.-(1) An application for registration as a registered osteopath made during the transitional period shall be-

(a)in writing;

(b)on the form specified in Schedule 1;

(c)completed and signed by the applicant; and

(d)given or sent to the Registrar.

(2) The applicant shall provide in connection with the application for registration-

(a)a character reference, that is a reference as to the good character of the applicant given on the form specified in Part 1 of Schedule 2 by a person who

(i)is not a relative of the applicant;

(ii)is a person of standing in the community and includes a solicitor, accountant, bank manager, Justice of the Peace, Minister of the Church, Rabbi, Imam or other religious official acceptable to the Registrar; and

(iii)has known the applicant for a period of at least four years;

(b)subject to paragraph (3), a health reference, that is, a reference as to the physical and mental health of the applicant given on the form specified in Part II of Schedule 2 by the applicant's doctor provided-

(i)he is not a relative of the applicant; and

(ii)he has known the applicant for a period of at least four years;

(c)the document (if any) conferring or evidencing the possession by the applicant of a qualification in osteopathy;

(d)evidence acceptable to the Registrar that he has spent a substantial part of his working time in the lawful, safe and competent practice of osteopathy for a period of at least-

(i)5 years (which need not be continuous) where he is applying to be registered as a fully registered osteopath; or

(ii)4 years (which need not be continuous) where he is applying to be registered as a conditionally registered osteopath.

(e)such other information and documents as the Registrar may reasonably require for the purpose of determining the application.

(3) Where the Registrar is satisfied that the applicant cannot provide a health reference in the terms provided by Rule 3(2)(b) for whatever reason, then the Registrar may satisfy himself as to the mental and physical health of the applicant in any of the following ways:

(a)a reference given by a doctor who, in giving the reference, relies on the medical records of the applicant made by a doctor of whom the applicant was a patient for the requisite period, or the records of a doctor who has practised in partnership with that doctor;

(b)an examination by a doctor nominated by the Registrar; or

(c)such other manner as the Registrar considers appropriate in a particular case.

Lawful, safe and competent practice

4.-(1) The question whether an applicant has spent any part of his working time in the lawful, safe and competent practice of osteopathy shall be determined in accordance with the following provisions of this rule.

(2) An applicant shall be taken to have been practising osteopathy for the number of years that-

(a)he has been registered on a professional register; or

(b)he has maintained professional indemnity insurance in respect of his osteopathic practice; or

(c)it is stated in a professional status reference that he has been practising osteopathy;

whichever is the longest period.

(3) Where

(a)an applicant has practised osteopathy outside the United Kingdom; and

(b)where the practice of osteopathy in that place was prohibited unless legal requirements relating to the practice of osteopathy were complied with; and

(c)any part of the period during which he practised there is included in the period referred to in Rule 3(2)(d)

the Registrar shall not be satisfied that the applicant has spent working time in the lawful practice of osteopathy unless the applicant satisfies the Registrar that he has complied with those legal requirements.

(4) For the purpose of satisfying himself as to whether the applicant has practised osteopathy safely, the Registrar shall, without prejudice to any other matters which appear to him to be relevant in any particular case, have regard to any of the following of which he is aware-

(a)a complaint made to the professional regulatory body (if any) on whose register, roll or list the name of the applicant is or has been entered;

(b)a claim made under a contract of insurance providing professional indemnity to the applicant;

(c)proceedings brought against the applicant in connection with his practice of osteopathy.

(5) For the purpose of satisfying the Registrar that he has practised osteopathy competently, the applicant shall complete all sections of the questionnaire provided by the General Council in connection with applications made during the transitional period for registration as a registered osteopath or such parts of the questionnaire as the Registrar may direct.

(6) In determining whether an applicant has practised osteopathy competently, the Registrar shall have regard to-

(a)the completed questionnaire referred to in paragraph (5) or such part of the questionnaire that the Registrar has directed shall be completed;

(b)the required standard of proficiency; and

(c)such other matters as appear to him to be relevant

and for this purpose the Registrar may obtain information additional to that provided with the application for registration and in the questionnaire from both the applicant and from any other person or source as the Registrar considers appropriate and may require the applicant to be interviewed or to be visited at any place where he practises osteopathy by a person nominated by the Registrar.

Other conditions of registration

5.-(1) For the purpose of satisfying himself as to the good character of the applicant, the Registrar shall have regard to-

(a)the character reference referred to in rule 3(2)(a);

(b)any criminal offence for which the applicant has been convicted;

(c)such other matters as appear to him to be relevant

and for this purpose the Registrar may seek information additional to that provided with the application for registration from both the applicant and from any other person or source as the Registrar considers appropriate.

(2) For the purpose of satisfying himself as to the physical and mental health of the applicant, the Registrar shall have regard to-

(a)the health reference referred to in rule 3(2)(b);

(b)such other matters as appear to him to be relevant

and for this purpose the Registrar may seek information additional to that provided with the application for registration from both the applicant and from any other person or source as the Registrar considers appropriate and may require the applicant to be examined by a doctor nominated by the Registrar.

Interpretation of Part II of these Rules

6. In this Part of these Rules-

"doctor" means a registered medical practitioner;

"professional register" means a register, roll or list of persons practising osteopathy kept by a professional regulatory body;

"professional regulatory body" means a body, whether incorporated or not, which keeps a register of persons who have satisfied the body, by means of the passing of an examination or any other means, that they are competent to practise osteopathy;

"professional status reference" means a reference as to the number of years a person has been practising osteopathy given in a statutory declaration or affidavit by a doctor, bank manager, Justice of the Peace, accountant or solicitor;

"relative", in relation to any person, means any of the following-

for the purpose of deducing any such relationship, "spouse" includes a former spouse and an unmarried partner of the same or of the opposite sex.

PART IIIFees During the Transitional Period

Expression of interest fee

7. The fee to be charged for sending all the following documents-

(a)an application form (specified in Schedule 1); and

(b)the questionnaire referred to in rule 4(5); and

(c)the forms for providing character and health references (specified in Schedule 2)

to a person during the transitional period ("the expression of interest fee") shall be £150.

Scrutiny fee

8.-(1) Except where rule 10(1)(c) applies, the fee to be charged for scrutinising an application for registration as a registered osteopath made during the transitional period ("the scrutiny fee") shall be £350.

(2) Where rule 10(1)(c) applies, the scrutiny fee shall be £175.

Entry fee

9.-(1) Except where one or more of the circumstances specified in rule 10(1) apply, the fee to be charged for making an entry in the register in respect of a person who has made an application for registration as a registered osteopath during the transitional period ("the entry fee") shall be £1,000.

(2) Where one or more of the circumstances specified in rule 10 apply, the entry fee shall be £500.

(3) Where the Registrar refuses to enter an applicant's name in the register, the entry fee shall not be payable.

Reduced fees

10.-(1) The circumstances referred to in rules 9(1) and (2) are that-

(a)the applicant does not, on the date that entry is to be made in the register, intend to practise as an osteopath during the remainder of the transitional period;

(b)the applicant resides outside the United Kingdom, or other European Economic Area State or the Channel Islands or the Isle of Man; or

(c)the date on which the application for registration is made is a date that is less than one year after the date on which the applicant received a qualification in osteopathy which has not been refused recognition by the General Council.

(2) In this rule-

"European Economic Area State" means a state which is a contracting party to the European Economic Area Agreement and the European Economic Area Agreement means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3), as adjusted by the Protocol signed at Brussels on 17th March 1993(4).

Restoration fee

11. The fee to be charged for restoring an entry in the register during the transitional period ("the restoration fee") shall be £200.

Time for payment of fees

12. The time for the payment of-

(a)the expression of interest fee shall be at the time a person asks the Registrar to send him the documents referred to in rule 7;

(b)the scrutiny fee shall be at the time an application for registration is made;

(c)the entry fee shall be after the Registrar has sent an applicant notice that his application for registration has been accepted.

Entry in the register and payment of fees

13. The Registrar shall refuse to make an entry in the register in respect of a person who has made an application for registration as a registered osteopath during the transitional period unless the fees specified in rules 7, 8 and 9 have been paid and shall refuse to restore an entry to the register unless the fee specified in rule 11 has been paid.

Rule 3(1)(b)

SCHEDULE 1APPLICATION FORM

Rule 3(2)

SCHEDULE 2REFERENCES

PART IFORM FOR GOOD CHARACTER REFERENCE

SCHEDULE 2REFERENCES

PART IIFORM FOR HEALTH REFERENCE

Explanatory Note

(This note is not part of the Order)

This Order, which is made under the Osteopaths Act 1993, approves Rules made by the General Osteopathic Council prescribing the procedures for applying for registration as a registered osteopath during the transitional period (being the period of two years beginning with the opening of the register of Osteopaths) and specifying the associated fees to be charged during the period.