The General Chiropractic Council (Constitution) Order 2008

Publication Date:January 01, 2008

2008No. 3047

HEALTH CARE AND ASSOCIATED PROFESSIONS

CHIROPRACTORS

The General Chiropractic Council (Constitution) Order 2008

20thNovember2008

1stDecember2008

At the Council Chamber, Whitehall, the 20th day of November 2008

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

Their Lordships make the following Order in exercise of the powers conferred by section 1(4) of, and paragraph 1B of Schedule 1 to, the Chiropractors Act 1994 1.

PART 1

Introductory

Citation, commencement and interpretation

1.-

(1) This Order may be cited as the General Chiropractic Council (Constitution) Order 2008 and-

(a) apart from article 5(h), comes into force on 9th February 2009;

(b) article 5(h) comes into force on the coming into force of section 44(1) of the Safeguarding Vulnerable Groups Act 2006 2 (registers: power to apply for vetting information).

(2) In this Order-

"the Act" means the Chiropractors Act 1994;

"chair" means the chair of the General Council;

"final outcome", in relation to any proceedings where there are rights of appeal, means the outcome of the proceedings-

(a) once the period for bringing an appeal has expired without an appeal being brought; or

(b) if an appeal is brought in accordance with those rights, once those rights have been exhausted;

"licensing body" means any body, other than the General Council, anywhere in the world that licenses or regulates any profession;

"member", unless the context otherwise requires, means a registrant member or a lay member and includes the chair; and

"spent conviction" means-

(a) in relation to a conviction by a court in Great Britain, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974 3; or

(b) in relation to a conviction by a court in Northern Ireland, a conviction that is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 4.

PART 2

Membership of the General Chiropractic Council

Composition of the General Council

2.The General Council shall consist of 7 registrant members and 7 lay members.

Terms of office of members

3.-

(1) The duration of the term of office of each member of the General Council shall be determined by the Privy Council, on appointment.

(2) No member of the General Council may hold office as a member of the General Council for more than an aggregate of 8 years during any period of 20 years.

(3) For the purposes of the computation of years under paragraph (2), service as a member of the General Council before 9th February 2005 is to be discounted.

Education and training of members

4.The General Council shall make provision in standing orders with respect to the requirements with regard to education and training of members of the General Council, and those standing orders may provide for-

(a) that education and training to be the responsibility of another body; and

(b) those requirements to be set and varied by that body from time to time.

Disqualification from appointment as a member

5.A person is disqualified from appointment as a member of the General Council if that person-

(a) has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

(b) has at any time been convicted of an offence in the United Kingdom, and-

(i) the final outcome of the proceedings was a sentence of imprisonment or detention, and

(ii) the conviction is not a spent conviction;

(c) has at any time been removed-

(i) from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity-

(aa) for which the person was responsible or to which the person was privy, or

(bb) which the person by their conduct contributed to or facilitated, or

(ii) under-

(aa) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 5 (powers of Court of Session to deal with management of charities), or

(bb) section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 6 (powers of the Court of Session),

from being concerned with the management or control of any body;

(d) has at any time been removed from office as the chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;

(e) at any time has been adjudged bankrupt or sequestration of the person's estate has been awarded, and-

(i) the person has not been discharged, or

(ii) the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 7 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 8 (which relate to bankruptcy restrictions orders and undertakings);

(f) has at any time made a composition or arrangement with, or granted a trust deed for, the person's creditors and the person has not been discharged in respect of it;

(g) is subject to-

(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 9,

(ii) a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 10 (company directors disqualification),

(iii) a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 11, or

(iv) an order made under section 429(2) of the Insolvency Act 1986 12 (disabilities on revocation of a county court administration order);

(h) has been included by-

(i) the Independent Barring Board in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006 13 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 14), or

(ii) the Scottish Ministers in the children's list or the adults' list (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 15);

(i) has at any time been subject to any investigation or proceedings concerning the person's fitness to practise by any licensing body, the final outcome of which was-

(i) the person's suspension from a register held by the licensing body, and that suspension has not been terminated,

(ii) the person's erasure from a register held by the licensing body or a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body, or

(iii) a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted;

(j) has at any time been subject to any investigation or proceedings concerning the person's fitness to practise by the General Council, in the course of which or where the final outcome was that-

(i) the person's registration in the register was suspended (including by an interim suspension order) and the order imposing that suspension has not been lifted,

(ii) the person was removed from the register (for a reason connected to the person's fitness to practise), or

(iii) the person's registration in the register was made subject to an order imposing conditions with which the person must comply (including by an interim conditions of practice order) and that order has not been lifted;

(k) has at any time been subject to any investigation or proceedings relating to an allegation that the person's entry in the register was fraudulently procured-

(i) in the course of which the person's registration was suspended and that suspension has not been terminated, or

(ii) the final outcome of which was the removal of the person's entry in the register;

(l) is or has been subject to any investigation or proceedings concerning the person's fitness to practise by-

(i) any licensing body, or

(ii) the General Council,

and the Privy Council is satisfied that the person's membership of the General Council would be liable to undermine public confidence in the regulation of registrants; or

(m) has at any time been convicted of an offence elsewhere than in the United Kingdom and the Privy Council is satisfied that the person's membership of the General Council would be liable to undermine public confidence in the regulation of registrants.

Removal of members from office

6.-

(1) A member shall be removed from office by the Privy Council, if-

(a) the member resigns, which a member may do at any time by a notice in writing to the Privy Council;

(b) in the case of-

(i) a registrant member, that member's registration lapses, or

(ii) a lay member, that member becomes a person who no longer satisfies the criteria for being a lay member in paragraph 1A(1)(b) of the Schedule to the Act 16 (membership: general);

(c) the member becomes a person of the type mentioned in article 5(a), (b) or (e) to (h) (irrespective of whether or not they subsequently cease to be a person of the type mentioned in those provisions);

(d) the member becomes a person of the type mentioned in article 5(c) or (d);

(e) in the case of a registrant member, the member has become the subject of any investigation or proceedings concerning the member's fitness to practise by the General Council, as a result of which-

(i) the member's registration in the register is suspended,

(ii) the member is removed from the register, or

(iii) the member's registration in the register is made subject to an order imposing conditions with which the member must comply,

and the proceedings relating to that particular sanction have reached their final outcome;

(f) in the case of a registrant member, the member has become the subject of any investigation or proceedings relating to an allegation that the member's entry in the register was fraudulently procured or incorrectly made, the final outcome of which is the removal of the member's...

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