1998 No. 2031 (C.44)
The Chiropractors Act 1994 (Commencement No. 1 and Transitional Provision) Order 1998
13th August 1998
The Secretary of State for Health, in exercise of the powers conferred upon him by section 44(3), (5) and (6) of the Chiropractors Act 1994(1), hereby makes the following Order:
Citation and interpretation
1.—(1) This Order may be cited as the Chiropractors Act 1994 (Commencement No. 1 and Transitional Provision) Order 1998.
(2) In this Order “the Act” means the Chiropractors Act 1994.
2. 14th August 1998 is the day appointed for the coming into force of each provision of the Act specified in the first column of the Schedule to this Order (which relate to the matters mentioned in the second column of the Schedule) and, save as otherwise provided in the first column of the Schedule, those provisions shall come into force on that day for all purposes.
3. Until such time as a person appointed to be the registrar under section 2(1) of the Act takes office—
(a)paragraph 5 of Schedule 1 to the Act shall have effect as if for the word “Registrar” there were substituted the words “Chairman of the General Council”; and
(b)paragraph 14(2) of that Schedule shall have effect as if for the word “Registrar” there were substituted the words “Privy Council”.
One of Her Majesty’s Principal Secretaries of State,
Department of Health
13th August 1998
SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 14th AUGUST 1998
Provision of the Act
In section 1—
subsection (2), for the purpose of enabling the General Chiropractic Council to prepare for the exercise of any functions which may be, or if the relevant provision were in force could become, exercisable under any provision of the Act including this subsection;
subsection (3), so far as it relates to the other provisions of the Act brought into force by this Order;
subsection (4), so far as it relates to the provisions of Part I of Schedule 1 to the Act brought into force by this Order;
subsections (8), (10), (11) and (12)
The General Chiropractic Council
Section 2, except for subsection (3)
The Registrar of Chiropractors
Default powers of the Privy Council
Section 35, except for subsection (3)
Section 36, except for subsection (3)
Exercise of powers by Privy Council
Section 43, so far as it provides a definition of “the General Council”, “prescribed” and “the Registrar”
Section 44, so far as not already in force (except subsection (8), which is brought into force only so far as it relates to provisions of the Act already in force or brought into force by this Order)
Short title, commencement, transitional provisions and extent
In Schedule 1—
in Part I, paragraphs 1, 2, 4, 5, 6, 8, 11, 13, 14(2), 14(3) except for paragraph (d), and 15;
The General Council
The General Council: transitional provisions
(This note is not part of the Order)
This Order brings into force on 14th August 1998 section 1(1) of the Chiropractors Act 1994 for the purpose of establishing the General Chiropractic Council (“the Council”). The duty of the Council, under section 1(2) of the Act, to develop, promote and regulate the profession of chiropractic, is brought into force for the purpose of enabling the Council to prepare for the exercise of its functions under the Act.
The Order also brings into force the following provisions of the Act—
section 1(3), under which the Council shall have other functions conferred on it by the Act;
section 1(4) and certain provisions in Part I of Schedule 1 to the Act, relating to the membership and powers of the Council for the purpose of discharging its functions under the Act;
section 1(8), under which the Council may appoint committees;
section 1(10) to (12), under which Her Majesty in Council may make provision with respect to the matters dealt with by Schedule 1 to the Act, namely the Council and certain committees;
section 2(1), (2) and (4) to (6), relating to the appointment of the Registrar of Chiropractors;
section 34, which relates to the powers of the Privy Council where the General Chiropractic Council fails to perform its functions;
section 35(1), (2) and (4), relating to the making of rules under the Act;
section 36(1), (2) and (4) to (6), relating to the exercise of powers by the Privy Council;
section 41, relating to accounts to be kept by the Council;
section 43 in respect of certain definitions; and
section 44(1), (3) to (6) and (8) in respect of the short title of the Act, the territorial extent of the Act and the power of the Secretary of State to bring the Act into force and make transitional provision.
The Order also brings into force section 44(7) and Part III of Schedule 1 to the Act for the purpose of making transitional provision for the membership of the Council during the period before, and for certain periods after, the commencement of the provisions dealing with registration of chiropractors. The Order includes a transitional provision as to the notification of resignation by the Chairman or a member of the Council while the office of Registrar is vacant.
1994 c. 17.