SCHEDULE
THE 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 19932, and of all other powers enabling them in that behalf, hereby make the following Rules:
PART I
Introduction
1. Citation and commencement
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.
2. Interpretation
(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)
(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)
(b) in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.
PART II
Application for Registration during the Transitional Period
3. Application for registration as a registered osteopath
(1) An application for registration as a registered osteopath made during the transitional period shall be—
(a)
(a) in writing;
(b)
(b) on the form specified in Schedule 1;
(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 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)
(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)
(c) the document (if any) conferring or evidencing the possession by the applicant of a qualification in osteopathy;
(d)
(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)
(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) 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)
(b) an examination by a doctor nominated by the Registrar; or
(c)
(c) such other manner as the Registrar considers appropriate in a particular case.
4. Lawful, safe and competent practice
(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)
(a) he has been registered on a professional register; or
(b)
(b) he has maintained professional indemnity insurance in respect of his osteopathic practice; or
(c)
(c) it is stated in a professional status reference that he has been practising osteopathy;
whichever is the longest period.
(3) Where
(a)
(a) an applicant has practised osteopathy outside the United Kingdom; and
(b)
(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)
(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...
