SCHEDULE
THE GENERAL OSTEOPATHIC COUNCIL (APPLICATION FOR REGISTRATION AND FEES) RULES 2000
The General Osteopathic Council, in exercise of its powers under sections 3(2)(a), 4(2)(a) and 6(2), (3) and (4) of the Osteopaths Act 19932, and of all other powers enabling it in that behalf, hereby makes the following Rules:
PART I
Introduction
1. Citation and commencement
These Rules may be cited as the General Osteopathic Council (Application for Registration and Fees) Rules 2000 and shall come into force on 9th May 2000.
2. Interpretation
(1) In these Rules, unless the context otherwise requires—
“the Act” means the Osteopaths Act 1993;
“applicant” means a person applying to be registered as a registered osteopath;
“bank authority” means any form of authority which a person may give to his bank including a letter of authority, banker’s order, standing order or variable direct debit;
“doctor” means a registered medical practitioner;
“European Economic Area State” means a state which is a contracting party to the European Economic Area Agreement;
“European Economic Area Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19923as adjusted by the Protocol signed at Brussels on 17th March 19934;
“relative”, in relation to any person, means any of the following—
(a) his spouse;
(b) any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece or first cousin of his or his spouse;
(c) the spouse of any relative within paragraph (b) above; and for the purposes of deducing any such relationship “spouse” includes a former spouse, a partner to whom the person is not married, and a partner of the same sex; and “relevant qualification” means a recognised qualification or a qualification treated as a recognised qualification by rules made under section 3(6) of the Act.
(2) In these Rules, any reference to the date on which the retention fee is due is a reference to—
(a)
(a) where the entry in the register was first made during the transitional period, the first 9th May following the end of that period and 9th May in every subsequent year;
(b)
(b) where the entry in the register was first made after the end of the transitional period, the anniversary of the date on which the entry was first made in the register and on that date in every subsequent year and if the entry was first made on 29th February it shall be treated as having been made on 1st March;
(c)
(c) where an entry in the register has been removed and is subsequently restored, the anniversary of the date on which restoration was made and on that date in every subsequent year and if restoration was made on 29th February it shall be treated as having been made on 1st March.
(3) Unless the context otherwise requires—
(a)
(a) any reference in these Rules to a numbered rule is a reference to the rule bearing that number in these Rules; and
(b)
(b) any reference in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.
3. Service of documents
(1) In these Rules—
(a)
(a) any reference to the sending of a notice to an applicant or a registered osteopath is a reference to the sending of the notice by registered post service or by a postal service in which delivery or receipt is recorded to the address at which he has his practice or his principal practice or, if he is not practising, the address which he has informed the Registrar in writing is the address to be shown in the register in relation to his name; and
(b)
(b) where any notice or document is sent to an applicant or a registered osteopath, it shall be treated as having been sent on the day that it was posted.
(2) The address at which a registered osteopath has his principal practice is the address which he has informed the Registrar is the address to be shown as such in the register in relation to his name.
PART II
Application for Registration
4. Application for registration as a fully registered osteopath
(1) An application for registration as a fully registered osteopath shall be—
(a)
(a) in writing;
(b)
(b) on the form approved by the General Council for the purpose which shall require the applicant to provide the following information—
(i) the applicant’s personal details, including his full name, title, sex, age, date of birth, practice or principal practice address or, if not practising, the address to be shown in the register, telephone and fax numbers, details of any criminal convictions and state of health;
(ii) the applicant’s professional details, including the name and address of the osteopathic institution he attended and the qualification gained, the outcome of any civil or negligence claims, membership of any other professional body and the outcome of any disciplinary proceedings; and
(iii) such other information as the General Council may reasonably require;
(c)
(c) completed and signed by the applicant; and
(d)
(d) given or sent to the Registrar.
(2) The applicant shall provide in connection with the application for registration—
(a)
(a) a character reference, that is a reference as to the good character of the applicant given on the form specified in Part I of the Schedule by a person who—
(i) is not a relative of the applicant;
(ii) is a person of standing in the community which includes a registered osteopath, solicitor, accountant, bank manager, Justice of the Peace, principal of the institution which granted the applicant a relevant qualification or a person authorised by the principal of that institution, Minister of the Church, Rabbi, Imam or other religious official acceptable to he Registrar; and
(iii) has known the applicant for a period of at least four years;
(b)
(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 the Schedule 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)
(c) the document conferring or evidencing the possession by the applicant of a relevant qualification; and
(d)
(d) 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...
