37 Indemnity arrangements
(1) A registered osteopath who practises as such must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of this section, an “indemnity arrangement” may comprise—
(a) a policy of insurance;
(b) an arrangement made for the purposes of indemnifying a person;
(c) a combination of the two.
(4) For the purposes of this section, “appropriate cover”, in relation to practice as a registered osteopath, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(5) The General Council may by rules make provision in connection with the types of indemnity arrangement required and the information to be provided to the Registrar—
(a) by or in respect of any person seeking to be entered in the register as a registered osteopath (including on an application for restoration) for the purposes of determining whether, if that person is so entered, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover;
(b) by or in respect of a registered osteopath for the purposes of determining whether at any time, there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(6) Rules under subsection (5)(b) may require information to be provided—
(a) at the request of the Registrar; or
(b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual registered osteopaths or registered osteopaths of a particular description.
(7) The General Council may also make rules requiring a registered osteopath to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(8) The General Council may also make rules requiring a registered osteopath to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(9) Where there is a failure to comply with the rules under subsection (5) by or in respect of a person who is entered or is seeking to be entered in the register, the Registrar may refuse to enter the person in, or to restore the person's entry to, the register.
(10) If a registered osteopath is in breach of subsection (1), or fails to comply with rules under subsection (5)(b), (7) or (8), or there is a failure to comply with rules under subsection (5)(b) in respect of a registered osteopath—
(a) the Registrar may remove that person's entry from the register; or
(b) the breach or failure may be treated as unacceptable professional conduct and the Registrar may notify the Council .
Propose a change41 Interpretation.
In this Act—
“adaptation period” means—
in relation to registration under section 3 in reliance on a specified state qualification granted in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training or education or both, under the responsibility of a fully registered osteopath;
in relation to registration under section 3 in reliance on a specified state qualification granted otherwise than in Switzerland, a period of supervised practice, subject to an assessment and, where necessary, accompanied by further training, under the responsibility of a fully registered osteopath;
“aptitude test” means an assessment with the aim of determining whether the person has reached the required standard of proficiency;
“conditionally registered osteopath” means a person who is registered with conditional registration;
...
“fully registered osteopath” means a person who is registered with full registration;
“the General Council” means the General Osteopathic Council;
...
“interim suspension order” has the meaning given in section 24(3);
“opening of the register” means the date on which section 3 comes into force;
“prescribed” means prescribed by rules made by the General Council;
“provisionally registered osteopath” means a person who is registered with provisional registration;
“recognised qualification” has the meaning given by section 14(1);
“the register” means the register of osteopaths maintained by the Registrar under section 2;
“registered” means registered in the register;
“registered address” means the address which is entered in the register, in relation to the osteopath in question, in accordance with the requirements of section 6(1) and does not include any other address which may be entered in the register, in relation to him, by virtue of rules made under section 6(2);
“registered osteopath” means a person who is registered as a fully registered osteopath, as a conditionally registered osteopath or as a provisionally registered osteopath;
“the Registrar” has the meaning given in section 2(2);
“relevant European State” means an EEA State or Switzerland;
“the required standard of proficiency” means the standard determined by the General Council under section 13;
“specified state professional” means a person who holds a specified state qualification;
“specified state qualification” means a qualification in osteopathy granted in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
“the statutory committees” has the meaning given by section 1(6);
...
“training” includes continuing professional development;
“unacceptable professional conduct” has the meaning given by section 20(2);
“visitor” means a person appointed under section 12.
Propose a changeSCHEDULE The General Council and Committees
Sections 1 and 42(3).
Part I The General Council
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Membership: general
1A. (1) The General Council shall consist of—
(a) registrant members, that is members who are registered osteopaths; and
(b) lay members, that is members who—
(i) are not and never have been registered osteopaths, and
(ii) do not hold qualifications which would entitle them to apply for registration under this Act.
(2) The members of the General Council shall be appointed by the Privy Council.
(3) The Privy Council shall ensure that, at any time, at least one member of the General Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Matters for the order of the Privy Council under section 1(4)
1B. (1) An order under section 1(4) shall include provision with regard to—
(a) the numbers of registrant members and lay members of the General Council;
(b) the terms of office for which members of the General Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;
(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the General Council;
(d) the appointment of a chair of the General Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;
(e) deputising arrangements in respect of the chair;
(f) the quorum of the General Council; and
(g) the circumstances in which members cease to hold office or may be removed or suspended from office.
(2) But an order under section 1(4) must not include any provision which would have the effect that a majority of the members of the General Council would be lay members.
(3) An order under section 1(4) may include provision with regard to—
(a) the maximum period for which a member of the General Council may hold office as a member during a specified period;
(b) the maximum period for which a member of the General Council may serve as chair of the General Council during a specified period;
(c) the education and training of members of the General Council, and the order may provide for the General Council to include the requirements with regard to education and training of its members in standing orders, and for those standing orders to provide for—
(i) that education and training to be the responsibility of another body, and
(ii) those requirements to be set and varied by that body from time to time;
(d) the attendance of members of the General Council at meetings of the General Council;
(e) the effect (if any) of any vacancy in the membership of the General Council or any defect in the appointment of a member; and
(f) enabling the Privy Council to appoint as the chair of the General Council, for a specified period, the person who held office as Chairman of the General Council on the day before the first order under section 1(4) comes into force.
(4) An order under section 1(4) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.
Registration of members’ private interests
1C. (1) The General Council must establish and maintain a system for the declaration and registration of private interests of its members.
(2) The General Council must publish in such manner as it sees fit entries recorded in the register of members’ private interests.
Duties of co-operation etc.
1D. (1) In exercising its functions, the General Council shall—
(a) have proper regard for—
(i) the interests of persons using or needing the services of registered osteopaths in the United Kingdom, and
(ii) any differing interests of different categories of registered osteopaths;
(b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—
(i) the employment (whether or not under a contract of service) of registered osteopaths,
(ii) the education or training of osteopaths or other health care professionals,
(iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,
(iv) the regulation of health services, and
(v) the provision, supervision or management of health services.
(2) In carrying out its duty to co-operate under sub-paragraph (1)(b), the General Council shall have regard to any differing considerations relating to practising as an osteopath which apply in England, Scotland, Wales or Northern Ireland.
(3) In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the General Council.
Powers of the General Council
15 (1) Subject to any provision made by or under this Act, the General Council shall have power to do anything which is calculated to facilitate the discharge of its functions or which is incidental or conducive to the discharge of its functions.
(2) The General Council shall, in particular, have power—
(a) to borrow;
(b) to appoint such staff as it may determine;
(c) to pay its staff such salaries as it may determine;
(d) to pay its staff, and the members of its committees and any of their sub-committees, such allowances and expenses as it may determine;
(e) to make such provision for the payment of such pensions, allowances or gratuities, or such contributions or payments towards provision for such pensions, allowances or gratuities, to or in respect of its staff as it may determine;
(ee) to pay its members such allowances and expenses as it may determine;
(f) to establish such sub-committees of any of its committees as it may determine;
(g) subject to any provision made by or under this Act, to regulate the procedure of any of its committees or their sub-committees;
(h) to abolish any of its committees, other than a statutory committee, or any sub-committee of any of its committees;
(i) to delegate to any of its committees any functions of the General Council other than any power to make rules.
(2A) Standing orders of the General Council may make provision with regard to the provisional suspension of a member of the General Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(4).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Subject to any provision made by or under this Act, the General Council may regulate its own procedure.
Part II The Statutory Committees
General
16 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The General Council shall make provision by rules as to the procedure for such appointments , and as to the suspension and removal from office of the persons appointed.
(3) The rules may make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the General Council in connection with the exercise of any function relating to the appointment of members or particular members of any statutory committee, including any function in relation to tenure of office or suspension or removal from office.
17 (1) The co-option of any person to any of the statutory committees shall be subject to the approval of the General Council.
(2) A co-opted member of any of the statutory committees may also be a member of the General Council.
(3) The term of office of a co-opted member shall not exceed the period of 3 years beginning with the date of his co-option.
(4) The General Council shall make further provision by rules in relation to co-option, including provision as to the procedure involved.
18 A person shall not be prevented from being a member of a statutory committee merely because he has previously been a member of that committee.
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 The General Council may by rules make provision with respect to any sub-committee of a statutory committee including, in particular, provision as to the functions and powers to be conferred on the sub-committee, its composition and its relationship with the statutory committee.
21 (1) The General Council may make rules regulating the procedure of the statutory committees and their sub-committees (if any) including, in particular, provision as to rules of evidence to be observed in proceedings before any such committee or sub-committee.
(2) Subject to any provision made by or under this Act, including provision made by standing orders of the General Council by virtue of paragraph 15(2)(g), each statutory committee and any sub-committee of such a committee may regulate its own procedure.
22 (1) If it appears to the General Council that any statutory committee is failing to perform its functions adequately, the General Council may give a direction as to the proper performance of those functions.
(2) Where the General Council, having given a direction under sub-paragraph (1), is satisfied that the committee has failed to comply with the direction, it may exercise any power of that committee or do any act or other thing authorised to be done by that committee.
23 (1) The powers of any statutory committee may be exercised even though there is a vacancy among its members.
(2) No proceedings of a statutory committee shall be invalidated by any defect in the appointment of a member.
24 (1) A person may be a member of more than one statutory committee.
(2) No member of the Professional Conduct Committee or the Health Committee shall take part in dealing with an allegation referred to either committee by another committee if he is also a member of the committee which referred the allegation.
The Education Committee
25 The General Council shall by rules make provision with regard to the constitution of the Education Committee, and those rules shall include provision with regard to—
(a) its size and membership;
(b) its chair, including the deputising arrangements for its chair; and
(c) the quorum at its meetings.
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The Investigating Committee
30 The General Council shall by rules make provision with regard to the constitution of the Investigating Committee, and those rules shall include provision with regard to—
(a) its size and membership;
(b) its chair, including the deputising arrangements for its chair; and
(c) the quorum at its meetings.
30A. Where rules under paragraph 30 provide for one or more panels of members of the Investigating Committee to perform functions of the Committee, the provision required by paragraph 30(c) includes provision with regard to the quorum at meetings of those panels.
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The Professional Conduct Committee
34 The General Council shall by rules make provision with regard to the constitution of the Professional Conduct Committee, and those rules shall include provision with regard to—
(a) its size and membership;
(b) its chair, including the deputising arrangements for its chair; and
(c) the quorum at its meetings.
34A. Where rules under paragraph 34 provide for one or more panels of members of the Professional Conduct Committee to perform functions of the Committee, the provision required by paragraph 34(c) includes provision with regard to the quorum at meetings of those panels.
34B In exercising a function under section 8 or 22, the Professional Conduct Committee (or any panel by which the function is exercisable as mentioned in paragraph 34A) must have regard to the over-arching objective of the General Council under section 1(3A) (read with section 1(3B)).
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The Health Committee
38 The General Council shall by rules make provision with regard to the constitution of the Health Committee, and those rules shall include provision with regard to—
(a) its size and membership;
(b) its chair, including the deputising arrangements for its chair; and
(c) the quorum at its meetings.
38A. Where rules under paragraph 38 provide for one or more panels of members of the Health Committee to perform functions of the Committee, the provision required by paragraph 38(c) includes provision with regard to the quorum at meetings of those panels.
38B In exercising a function under section 23, the Health Committee (or any panel by which the function is exercisable as mentioned in paragraph 38A) must have regard to the over-arching objective of the General Council under section 1(3A) (read with section 1(3B)).
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Part III Transitional Provisions
The initial membership of the General Council
42 When first constituted, the membership of the General Council shall be determined in accordance with the provisions of this Schedule as modified by this Part.
The transitional periods
43 In this Part—
“the three year transitional period” means the period beginning with the passing of this Act and ending with the third anniversary of the opening of the register;
“the four year transitional period” means the period beginning with the passing of this Act and ending with the fourth anniversary of the opening of the register; and
“the five year transitional period” means the period beginning with the passing of this Act and ending with the fifth anniversary of the opening of the register.
The osteopathic members
44 (1) During the three year transitional period, paragraph 1(a) shall have effect as if it provided for the appointment of 12 members by the Privy Council.
(2) Each of those members shall be appointed by the Privy Council after consultation with bodies in the United Kingdom appearing to the Privy Council to represent practising osteopaths.
(3) When appointing any such member the Privy Council shall designate him as a person appointed as one of the 12 members provided for by paragraph 1(a) (as modified by this paragraph).
(4) In this paragraph “osteopathic member” means a member designated under this paragraph.
(5) Each of the osteopathic members shall, at the time of his appointment, be a person appearing to the Privy Council to be a practising osteopath.
(6) One of the osteopathic members shall be expressly appointed as a member who is also a registered medical practitioner at the time of his appointment.
(7) Paragraph 6 shall not apply to any of the osteopathic members.
(8) Subject to paragraphs 4, 5 and 7, the term of office of each of the osteopathic members shall end at the end of the three year transitional period.
The lay members
45 (1) The members appointed by the Privy Council under paragraph 1(b) during the five year transitional period shall each be designated by the Privy Council as a person appointed under paragraph 1(b).
(2) In this Part “lay member” means a member designated under this paragraph.
(3) Paragraph 11 shall have effect during the five year transitional period as if “registered osteopaths” and “registered osteopath” read, respectively, “persons appearing to the Privy Council to be practising osteopaths” and “a person appearing to the Privy Council to be a practising osteopath”.
(4) Subject to paragraphs 4 to 7, the term of office of each of the lay members shall end at the end of the five year transitional period.
The education members
46 (1) During the four year transitional period, paragraph 1(c) shall have effect as if it provided for the appointment of 3 members by the Privy Council.
(2) Each of those members shall be appointed by the Privy Council after consultation with the Secretary of State.
(3) When appointing any such member the Privy Council shall designate him as a person appointed as one of the 3 members provided for by paragraph 1(c) (as modified by this paragraph).
(4) The 3 education members shall be persons appearing to the Privy Council to be qualified to advise the General Council on matters relating to education and training in osteopathy.
(5) In this paragraph “education member” means a member designated under this paragraph.
(6) Paragraph 6 shall not apply to any of the education members.
(7) Subject to paragraphs 4 to 7, the term of office of each of the education members shall end at the end of the four year transitional period.
The Secretary of State’s nominee
47 Subject to paragraphs 4, 5 and 7, the term of office of any person appointed by the Secretary of State under paragraph 1(d) during the four year transitional period shall come to an end at the end of that period.
Appointment of first Chairman
48 (1) The first Chairman of the General Council shall be appointed by the Privy Council from among the lay members to serve as such until the end of the first meeting of the Council to be held after the first election of members under paragraph 1(a).
(2) If a person appointed as Chairman of the Council during the three year transitional period fails to serve his full term of office as Chairman, his successor as Chairman shall be appointed by the Privy Council from among the lay members for the residue of the unexpired term.
(3) Paragraph 14(3) shall have effect in relation to any Chairman appointed by the Privy Council under this paragraph as if for paragraph (c) there were substituted—
(c) his removal by the Privy Council, where the Privy Council agrees to a request for his removal made by a majority of the other members of the General Council;
.
(4) Paragraph 14(3)(d) shall not apply in relation to any person serving as the Chairman appointed by the Privy Council under this paragraph.
Propose a change