General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999

Publication Date:January 01, 1999

1999No. 1857

CHIROPRACTORS

The General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999

10thJune1999

15thJune1999

At the Council Chamber, Whitehall, the 10th day of June 1999

By the Lords of Her Majesty's Most Honourable Privy Council

Whereas in pursuance of sections 3(2) and (5), 4(2), (4) and (9) to (11), 6(2) to (4) and 35(2), of the Chiropractors Act 1994( a) the General Chiropractic Council has made the General Chiropractic Council (Registration During Transitional Period) Rules 1999 as set out in the Schedule to this Order:

And whereas by section 35(1) of the said Act such Rules shall not have effect until approved by the Privy Council:

Now, therefore, Their Lordships, having taken the said Rules into consideration, are hereby pleased to, and do hereby, approve the same.

This Order may be cited as the General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999 and shall come into force on 15th June 1999.

The General Chiropractic Council (Registration During Transitional Period) Rules 1999

The General Chiropractic Council, in exercise of its powers under sections 3(2) and (5), 4(2), (4) and (9) to (11), 6(2) to (4) and 35(2) of the Chiropractors Act 1994( b), and of all other powers enabling it in that behalf, hereby makes the following Rules:-

Citation and commencement

1. These Rules may be cited as the General Chiropractic Council (Registration During Transitional Period) Rules 1999, and shall come into force on 15th June 1999.

Interpretation

2. - (1) In these Rules-

"the Act" means the Chiropractors Act 1994;

"applicant" means (except in Rule 8) a person applying for registration under Rule 3;

"the prescribed test of competence" means the test described in Rule 6;

"registration" means registration as a registered chiropractor;

"required undertaking" means the undertaking required by section 4(2)(f) of the Act; and

"the transitional period" means the period of two years beginning with the opening of the register.

(2) Two people are to be treated as related by birth or marriage for the purposes of these Rules if they are spouses of each other or if one or the spouse of one of them bears to the other or spouse of the other a relationship of lineal descendant, brother, sister, nephew, niece or first cousin; and "spouse" for this purpose includes a former spouse and an unmarried partner of the same or the opposite sex.

Applications for registration during transitional period

3. - (1) An application for registration made during the transitional period shall be made to the Registrar in writing in the form set out in the Schedule, and shall be accompanied by the fee prescribed by Rule 9.

(2) The applicant shall provide the following in relation to any such application-

(a) a reference as to good character from a person unrelated to the applicant by birth or marriage, being a person of good standing in the community who has known the applicant for at least four years and who is acceptable to the Registrar (including a solicitor, accountant, bank manager, Justice of the Peace, Minister of the Church, Imam, Rabbi, or similar religious official who appears to the Registrar to be appropriate);(b) subject to paragraph (5), a report as to the physical and mental health of the applicant meeting the requirements of that paragraph;(c) except in the case of an application for conditional registration and subject to paragraph (3), evidence of the applicant having a recognised qualification comprising the document conferring it or an original certificate issued by the institution granting it that it has conferred the qualification on the applicant;(d) so far as relevant, all the other particulars specified in the form in the Schedule; and(e) such other information or documents as the Registrar may reasonably require for the purposes of determining the application.

(3) If the applicant does not hold a qualification recognised under section 14 of the Act, an applicant for registration as a fully registered chiropractor during the transitional period shall additionally provide evidence acceptable to the Registrar that he is to be treated as having such a qualification by virtue of meeting the requirements of section 3(3) of the Act.

(4) In the case of an application for registration as a conditionally registered chiropractor, the applicant shall additionally provide-

(a) evidence acceptable to the Registrar that he meets the requirements of section 4(2)(d) of the Act; or(b) if section 4(6) of the Act applies or appears likely to apply, the document conferring any qualification in chiropractic which is not a recognised qualification but which has not been refused recognition by the General Council, or an original certificate issued by the institution granting the qualification that it has conferred it on the applicant.

(5) The report given under paragraph (2)(b) shall be given by the applicant's medical practitioner, who must not be related to the applicant by birth or marriage and must have known the applicant for a period of at least four years; but if the Registrar is satisfied that because these conditions cannot be met, no such report can be given, the Registrar may satisfy himself as to the mental and physical health of the applicant (so far as he considers it necessary to do so having regard to any other information available under Rule 5(2) or examination required under Rule 5(3)) by a report given by a registered medical practitioner who, in giving the report, relies on the medical records of the applicant made by registered medical practitioners of whom the applicant was a patient (or by partners of such practitioners) for a period in aggregate of at least four years.

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 chiropractic for the purposes of sections 3(3) and 4(2)(d) of the Act shall be determined in accordance with this Rule.

(2) In determining that question, the Registrar shall have regard, amongst other matters, to the period during which the applicant has been registered on a chiropractic register or maintained professional indemnity insurance in respect of a chiropractic practice, or during which he has in other circumstances carried out the work of a chiropractor, and to the nature and extent of his practice during any such period.

(3) Where, during any period taken into account for the purposes of section 3(3) or 4(2)(d) of the Act, an applicant has practised chiropractic in a place outside the United Kingdom, and the practice of chiropractic there was prohibited unless legal requirements relating to it were complied with, the applicant shall satisfy the Registrar that he has complied with those requirements in order to be treated as having spent that period in the lawful practice of chiropractic.

(4) In determining whether the applicant has practised chiropractic safely, the Registrar shall have regard to any complaint made to a professional regulatory body on whose register, roll or list the applicant is or has been entered, any claim made under a contract of insurance providing professional indemnity to the applicant, proceedings (whether criminal or civil) brought against the applicant in connection with his practice of chiropractic, and any other matter which appears to the Registrar to be relevant to the issue.

(5) In determining whether an applicant has practised chiropractic competently, the Registrar shall have regard to the provisions of the required standard of proficiency, together with any other matter which appears to the Registrar to be relevant to the issue.

(6) In determining whether an applicant has spent a part of his working time in the lawful, safe and competent practice of chiropractic (and if so, whether it is a substantial part), the Registrar may if he thinks it desirable from time to time require from the applicant pursuant to Rule 3(2)(e), (3) or (4)(a) any information which is in addition to that provided with the application for registration and may require the applicant to be interviewed by the Education Committee (or a sub-committee of the Education Committee) or by a person nominated by the Registrar, or to be visited at any place where he practises chiropractic by a person so nominated; and the Registrar may obtain information from any other person or source as he considers appropriate.

(7) In this Rule-

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

"professional regulatory body" means a body, whether incorporated or not, which keeps a register of persons who have satisfied the body (whether by the passing of an examination or by some other means) that they are competent to practise chiropractic.

Other conditions of registration

5. - (1) In order to satisfy himself about the good character of the applicant, the Registrar shall take account of the reference provided under Rule 3(2)(a), any criminal offence for which the applicant has been convicted, and any other matters which appear to the Registrar to be relevant to the issue.

(2) In order to satisfy himself about the physical and mental health of the applicant, the Registrar shall take account of any report provided under Rule 3(2)(b), and any other matters which appear to the Registrar to be relevant to the issue.

(3) In satisfying himself under paragraph (1) or (2), the Registrar may if he thinks it desirable require from the applicant any information which is in addition to that required by Rule 3, and in relation to paragraph (2) may require the applicant to be examined by a registered medical practitioner nominated by the Registrar.

Prescribed test of competence

6. - (1) The Registrar may, in relation to an application for conditional registration, and having regard to any information provided or...

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