VETERINARY SURGEONS ACT, 1931

AN ACT TO MAKE PROVISION FOR THE REGISTRATION AND CONTROL OF VETERINARY SURGEONS AND FOR OTHER PURPOSES RELATING TO THE PRACTICE OF VETERINARY SURGERY AND VETERINARY MEDICINE AND THE PERSONS ENGAGED IN SUCH PRACTICE. [1st August, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Agriculture;

the expression “the Council” means the Veterinary Council constituted by this Act;

the expression “the register” means the Register of Veterinary Surgeons for Saorstát Eireann to be established and maintained under this Act;

the expression “the general veterinary register” means the register of veterinary surgeons maintained by the Council of the Royal College of Veterinary Surgeons in pursuance of the charters and statutes governing that College;

the expression “registered veterinary surgeon” in relation to anything done or to be done or an event happening before the establishment of the register means a person registered in the general veterinary register and in relation to anything done or to be done or an event happening after the establishment of the register means a person registered in the register;

the word “prescribed” means prescribed by regulations made by the Council.

2 Confirmation of agreement and consequential amendments of the law.

2.—(1) The Agreement set forth in the First Schedule to this Act is hereby confirmed and shall take effect on whichever of the following dates is the later, that is to say, the date of the passing of this Act and the date of the passing into law by the Parliament of the United Kingdom of Great Britain and Northern Ireland of legislation to give statutory effect to the said Agreement.

• (2) For the purpose of enabling the said Agreement to have statutory effect in Saorstát Eireann it is hereby enacted that—

• (a) the said Agreement, in so far as the terms thereof are inconsistent with the Veterinary Surgeons Acts, shall be deemed to amend or modify to that extent those Acts, and those Acts are hereby amended and modified accordingly;

• (b) the Veterinary Surgeons Acts as so amended or modified shall be and continue in force in Saorstát Eireann so far as is so provided by the said Agreement or is necessary to enable the said Agreement to have full force and effect in Saorstát Eireann;

• (c) save as is otherwise enacted in the foregoing paragraph the Veterinary Surgeons Acts shall cease to have effect on the date of the passing of this Act

• (3) In this section the expression “the Veterinary Surgeons Acts” means the Veterinary Surgeons Act, 1881, the Veterinary Surgeons Amendment Act, 1900, and the Veterinary Surgeons Act (1881) Amendment Act, 1920.

3 Constitution of the Veterinary Council.

3.—(1) A Council to be styled the Veterinary Council (in this Act referred to as the Council) shall be established in accordance with this Act to fulfil the functions assigned to it by this Act.

• (2) The Council shall be a body corporate having perpetual succession and may provide itself with a seal and may sue and be sued under its said style and name.

• (3) The Council shall consist of eight members who shall in the first instance be nominated and subsequently be elected by the persons and in the manner provided in this Act.

4 Nominated members of the Council.

4.—(1) As soon as may be after the passing of this Act, the Executive Council on the request of the Minister shall nominate eight registered veterinary surgeons resident in the Irish Free State to be members of the Council (in this Act referred to as nominated members) and shall appoint the order of seniority of such members amongst themselves for the purposes of the provisions of this Act relating to the expiration of the terms of office of such members.

• (2) Every nominated member of the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold office until the date on which his term of office expires under this Act.

• (3) Whenever a nominated member of the Council dies, resigns, or becomes disqualified before the expiration of his term of office the Minister shall nominate a registered veterinary surgeon to be a nominated member of the Council in the place and with the seniority and for the residue of the term of office of the member who so died, resigned, or became disqualified.

• (4) If and whenever a nominated member of the Council ceases to be a registered veterinary surgeon or ceases to be resident in the Irish Free State he shall be disqualified for being and shall forthwith cease to be a member of the Council.

• (5) A nominated member of the Council may at any time resign his office as such member by letter addressed and sent to the Minister.

5 Preliminary and final establishments of the Council.

5.—(1) The preliminary establishment of the Council shall take place by virtue of this section on the date on which the eight nominated members of the Council are nominated by the Executive Council in accordance with this Act, and references in this Act to the preliminary establishment of the Council as a point in time shall be construed as referring to that date.

• (2) The final establishment of the Council shall take place by virtue of this section on the 31st day of May next after the preliminary establishment of the Council unless such final establishment is postponed by the Minister under this section.

• (3) If the Minister is of opinion, on the representation of or after consultation with the Council, that it is not convenient that the final establishment of the Council should take place on the 31st day of May next after the preliminary establishment of the Council, the Minister may by order postpone the final establishment of the Council to the 31st day of May next after the above-mentioned 31st day of May, and if such order is so made the final establishment of the Council shall take place by virtue of this section on the 31st day of May to which such final establishment is postponed by such order.

• (4) References in this Act to the final establishment of the Council as a point in time shall be construed as referring to the 31st day of May on which such final establishment takes place under the foregoing provisions of this section.

• (5) Every order made by the Minister under this section shall be published in the Iris Oifigiúil.

6 Expiration of terms of office of nominated members of the Council.

6.—(1) The terms of office of the first, second, third, fourth and fifth, in order of seniority of the nominated members of the Council shall expire at the final establishment of the Council.

• (2) The several terms of office of the sixth, seventh and eighth in order of seniority of the nominated members of the Council shall expire respectively on the first, second, and third anniversaries of the final establishment of the Council.

• (3) A nominated member of the Council shall be eligible (if otherwise qualified) to be elected as and to become and be an elected member of the Council as from the expiration of his term of office as a nominated member.

7 Elected members of the Council.

7.—(1) From and after the final establishment of the Council, the members of the Council (other than the nominated members whose terms of office have for the time being not expired) shall be elected in accordance with this Act and all members so elected are in this Act referred to as elected members.

• (2) From and after the final establishment of the Council four (in this Act referred to as general elected members) of the elected members of the Council shall be registered veterinary surgeons who are for the time being also registered in the general veterinary register and are resident in Saorstát Eireann, and such general elected members shall be elected in accordance with this Act by the registered veterinary surgeons who are for the time being also registered in the general veterinary register and are resident in Saorstát Eireann.

• (3) From and after the final establishment of the Council the elected members of the Council who are not general elected members shall be registered veterinary surgeons resident in Saorstát Eireann and shall be elected by the registered veterinary surgeons who are for the time being resident in Saorstát Eireann.

• (4) Elected members of the Council who are not general elected members are in this Act referred to as limited elected members.

• (5) Registration in the general veterinary register shall neither disqualify nor be a qualification for being elected or holding office as a limited elected member of the Council or for voting at an election of limited members of the Council.

8 Times for elections of elected members of the Council.

8.—(1) Before, but not more than one month before, the final establishment of the Council an election (in this Act referred to as the first election) of elected members of the Council shall be held in accordance with this Act and at such election four general elected members of the Council and one limited elected member of the Council shall be elected in accordance with this Act.

• (2) Before, but not more than one month before, every anniversary of the final establishment of the Council an election shall be held in accordance with this Act for the election of one general elected member and one limited elected member of the Council and of such other persons as are required by this Act to be elected at such election to fill casual vacancies.

• (3) In this Act the expression “annual election” means an election held in pursuance of this section.

9 Conduct of elections of elected members of the Council.

9.—(1) Not less than three weeks before the final establishment of the Council the Council shall appoint the President of the Council if he is willing to act or, if he is not so willing, some other member of the Council willing to act to be the returning officer for the first election of elected members of the Council.

• (2) Not less than one month before every anniversary of the final establishment of the Council the Council shall appoint the President of the Council if he is willing to act or, if he is not so willing, some other member of the Council willing to act to be the returning officer for the election of persons to become and be elected members of the Council on such anniversary.

• (3) Every returning officer appointed under this section shall immediately upon his appointment hold and conduct in accordance with this Act the election for which he is so appointed and shall so hold and conduct such election that the same is completed before the commencement of the term of office of the persons elected thereat.

• (4) Every election of elected members of the Council shall be conducted in accordance with the Rules set forth in the Second Schedule to this Act and such other rules (if any) not inconsistent therewith as the Council shall think proper to make.

• (5) Every returning officer appointed under this section shall immediately upon the completion of the election for which he was so appointed communicate in writing to the Council the names of the persons elected thereat and such other information in relation to such election as may be prescribed by regulations made by the Council.

• (6) Every returning officer appointed under this section shall be entitled to the assistance of the officers and servants of the Council in the holding and conduct of the election for which he was so appointed.

10 Terms of office of elected members of the Council.

10.—(1) The four general elected members of the Council elected at the first election of members of the Council shall (unless they sooner die, resign or become disqualified) respectively hold office as such members for the following periods reckoned in every case from the final establishment of the Council, that is to say, the first in seniority of such members shall hold office for four years, and the second, third and fourth in seniority of such members shall respectively hold office for three years, two years, and one year.

• (2) The limited elected member of the Council elected at the first election of members of the Council shall (unless he sooner dies, resigns or becomes disqualified) hold office for four years from the final establishment of the Council.

• (3) Save as is otherwise provided in the foregoing sub-sections of this section and subject to the provisions of this section in relation to persons elected to fill casual vacancies, every elected member of the Council shall (unless he sooner dies, resigns or becomes disqualified) hold his office as such member for the term of four years reckoned from the expiration of the term of office of his predecessor.

• (4) A member of the Council elected at an annual election to fill a casual vacancy in the Council shall, unless he sooner dies, resigns, or becomes disqualified, hold office for the residue of the term for which the member whose death, resignation, or disqualification occasioned the vacancy would have held office if he had not died, resigned or become disqualified.

• (5) An elected member of the Council shall not, during his term of office as such member, be eligible to be a candidate for election as a member of the Council, save that every elected member of the Council shall, if otherwise qualified, be eligible for election at or before the expiration of his term of office to become and be an elected member of the Council at such expiration.

11 Casual vacancies amongst elected members of the Council.

11.—(1) An elected member of the Council may at any time resign his office as such member by letter addressed and sent to the registrar, and every such resignation shall take effect at the commencement of the meeting of the Council commencing next after the receipt of such resignation by the registrar.

• (2) Every general elected member of the Council shall, upon his either ceasing to be a registered veterinary surgeon, or ceasing to be registered in the general veterinary register, or ceasing to be resident in Saorstát Eireann forthwith be disqualified for continuing to be a member of the Council.

• (3) Every limited elected member of the Council shall, upon his either ceasing to be a registered veterinary surgeon or ceasing to be resident in Saorstát Eireann, forthwith be disqualified for continuing to be a member of the Council.

• (4) Whenever a vacancy (in this Act called a casual vacancy) occurs in the membership of the Council by reason of the death, resignation, or disqualification of an elected member, such vacancy shall (save as is hereinafter otherwise provided) be filled at the annual election held next after the occurrence of such vacancy unless the term of office of such member was due to expire at the anniversary of the establishment of the Council next after the occurrence of such vacancy.

• (5) Whenever a casual vacancy occurs in the membership of the Council in the period between the appointment of a returning officer for an annual election and the anniversary of the establishment of the Council in relation to which such annual election is held, such vacancy shall be filled at the annual election held in the following year unless the term of office of the member whose death, resignation, or disqualification occasioned the vacancy was due to expire at the said anniversary or at the next following such anniversary.

• (6) Whenever a casual vacancy occurs in the membership of the Council, the Council may, if it thinks proper so to do, itself elect a qualified person to fill such vacancy temporarily until the filling of such vacancy under the foregoing provisions of this section or the date at which the term of office of the member whose death, resignation, or disqualification occasioned the vacancy was due to expire, whichever first happens.

• (7) A person elected by the Council under this section to fill a casual vacancy temporarily shall be eligible for election as a member of the Council at any annual election held while he so temporarily fills such vacancy.

12 Irish Free State representatives.

12.—(1) Every general elected member of the Council shall be an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons and the election of a person (whether at an annual election or to fill a casual vacancy) to be a general elected member of the Council shall be deemed to be an election of such person to be an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons.

• (2) Every general elected member of the Council elected at an annual election (otherwise than to fill a casual vacancy) shall, unless he sooner dies, resigns, or becomes disqualified, hold office as an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons for the term appointed by the Agreement set forth in the First Schedule to this Act and every person elected at an annual election to be a general elected member of the Council to fill a casual vacancy therein shall, unless he sooner dies, resigns or becomes disqualified, hold office as an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons for the term for which the general elected member whose death, resignation or disqualification occasioned the vacancy would have held office as such representative if he had not died, resigned or become disqualified.

• (3) Every person elected by the Council to fill temporarily a casual vacancy amongst the general elected members of the Council shall hold office as an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons for the period during which he so fills such casual vacancy.

• (4) A general elected member of the Council who ceases by any means to be an Irish Free State representative on the Council of the Royal College of Veterinary Surgeons shall be disqualified for being and shall forthwith cease to be a member of the Council.

• (5) In this section the expression “Irish Free State representative” has the meaning assigned to it in the Agreement set forth in the First Schedule to this Act.

13 The first meeting of the Council.

13.—(1) When the Executive Council has duly nominated in accordance with this Act eight nominated members of the Council, the Minister shall by notice in writing sent by post to each of the members of the Council so nominated appoint a time and place for the first meeting of the Council.

• (2) The Council shall meet at the time and place appointed under this section for their meeting and shall thereupon enter upon their duties under this Act and in particular shall at such meeting or as soon as may be thereafter proceed to establish the register.

14 President of the Council.

14.—(1) It shall be the duty of the Council at their first meeting and thereafter from time to time as occasion requires to elect a member of the Council to be the President of the Council.

• (2) Every president of the Council shall hold office as such president from the date of his election to that office until the happening of whichever of the following events first happens, that is to say:—

• (a) the expiration of his term of office as a member of the Council;

• (b) his ceasing to be a member of the Council otherwise than by the expiration of his term of office;

• (c) his resigning the office of president of the Council.

• (3) Every president of the Council on the expiration of his term of office as president shall be eligible for re-election so long as he remains a member of the Council.

15 Meetings and procedure of the Council.

15.—(1) The Council shall fix the times and places of its meetings, and every meeting of the Council subsequent to the first meeting thereof shall be held at the time and place so fixed.

• (2) A meeting (in this Act referred to as the statutory meeting) of the Council shall be held in every year on a day not earlier than the first nor later than the fifteenth day of July.

• (3) The procedure of the Council at its meetings and otherwise shall be conducted in accordance with the regulations in that behalf made by the Council under this Act.

• (4) Save as is otherwise provided by this Act, three members of the Council shall constitute a quorum.

• (5) Save as is otherwise provided by this Act, every decision to be made by the Council at any meeting thereof shall be made by a simple majority of the members of the Council present at such meeting and voting on such decision.

• (6) The president of the Council shall act as chairman of every meeting thereof at which he is present, and in the absence of the president from any such meeting the members of the Council present at such meeting shall elect one of their number to be the chairman of such meeting.

• (7) Whenever at a meeting of the Council an equal number of votes of the members of the Council present and voting is cast for and against a proposed motion or resolution, the Chairman of such meeting shall in addition to his vote as a member of the Council, have a casting vote.

• (8) The Council may act notwithstanding one or more vacancies in its membership.

16 Officers and servants of the Council.

16.—(1) The Council shall appoint a registrar (in this Act referred to as the registrar) and may appoint such other officers and servants as it thinks proper.

• (2) The registrar and every other officer and servant of the Council shall receive such remuneration and be subject to such conditions of service as the Council shall direct.

17 The duties of the registrar.

17.—(1) It shall be the duty of the registrar to keep the register and to make therein such entries and erasures as he shall be directed by the Council by regulations made under this Act to make therein and for that purpose the Council may by such regulations delegate to the registrar such of the powers and duties of the Council under this Act in relation to the register as are of a ministerial character and do not involve the exercise of any discretion or are authorised by this Act to be so delegated.

• (2) The registrar shall also act as secretary of the Council and perform such other duties and in particular such duties in relation to the preparation, printing, publication, and sale of the Veterinary Register as the Council shall direct.

18 Accounts of the Council and the audit thereof.

18.—(1) The Council shall keep all proper and usual accounts of all moneys received or expended by the Council and such accounts shall be audited at least once in every year by a chartered or other qualified auditor appointed for the purpose by the Council, and the fees of such auditor and also the expenses generally of such audits shall be paid by the Council.

• (2) The Minister may, if he so thinks fit, prescribe the form in which the Council shall keep accounts in accordance with this section and if the Minister prescribes such form the Council shall keep such accounts in the form so prescribed.

• (3) As soon as may be after every audit under this section of the accounts of the Council, the Council shall cause such accounts and the auditor's certificate and report thereon to be printed, published and put on sale either by inclusion in the volume containing the Veterinary Register or as a separate volume and shall immediately after every such publication present to the Minister and to each House of the Oireachtas a copy of such accounts and such certificate and report thereon as so printed and published.

19 Payment to members of the Council of their expenses.

19.—(1) There may be paid by the Council to the members of the Council or of any Committee thereof such travelling and subsistence expenses in connection with attendance at meetings of the Council or any committee thereof as shall be determined by the Council.

• (2) The Council may pay to the general elected members of the Council such travelling and subsistence expenses in connection with their attendance at meetings of the Council of the Royal College of Veterinary Surgeons as shall be determined by the Council.

20 Grant to and expenses of the Council.

20.—(1) Immediately upon the preliminary establishment of the Council, the Minister for Finance shall, out of moneys to be provided by the Oireachtas, pay to the Council a grant of £150 (one hundred and fifty pounds).

• (2) All expenses incurred by the Council shall be defrayed by the Council out of the said grant payable to the Council under this section, the fees payable to the Council under this Act, and any other moneys received by the Council.

• (3) The surplus (if any) of the said grant, fees, and other moneys remaining after the said expenses have been defrayed thereout may be allocated by the Council to purposes connected with veterinary education and research or any public purposes connected with the profession of veterinary surgery and medicine in such manner as the Council may determine.

21 Expenses of the Minister.

21.—Save as is otherwise provided by this Act, all expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

22 Making of regulations by the Council.

22.—The Council may by regulations made by it prescribe all or any of the following things, that is to say:—

• (a) the procedure of the Council at its meetings and otherwise;

• (b) the form, maintenance and keeping generally of the register;

• (c) the form and mode of application for registration in the register and the evidence to be given on such application of the title of the applicant to be so registered;

• (d) the form and mode of application for the entry of additional qualifications in the register and the evidence to be given of the possession of such qualifications;

• (e) the form, preparation, printing, publication and sale generally of the Veterinary Register;

• (f) the conduct of and proceedings at inquiries into the conduct of persons alleged to have been guilty of conduct disgraceful in a professional respect;

• (g) so far as is authorised by this Act, the delegation to the registrar of the powers and duties of the Council in relation to the register;

• (h) any matter or thing referred to in this Act as prescribed or to be prescribed by regulations made by the Council and not hereinbefore expressly mentioned.

23 Exercise by the Minister of the functions of the Council.

23.—(1) If at any time the Minister is satisfied, either after such inquiry as the Minister thinks fit to make or without such inquiry, that the Council has on any occasion failed to do any matter or thing which the Council is required by this Act to do and the doing of which by the Council on that occasion was in the opinion of the Minister necessary or appropriate for the proper exercise of the functions or the proper discharge of the duties conferred or imposed on the Council by this Act, the Minister may by order direct the Council to do such matter or thing and for that purpose to do such other matters or things ancillary or incidental thereto as may be specified in such order.

• (2) If the Council fails to comply with the directions contained in an order made by the Minister under this section, the Minister may himself take such steps as he thinks fit to carry out the directions contained in such order and for that purpose the Minister shall have and may exercise such of the rights and powers conferred on the Council by this Act as are necessary for the due compliance with such directions.

• (3) The amount of all expenses incurred by the Minister under this section shall be certified by the Minister to the Council and the amount so certified shall be forthwith paid by the Council to the Minister and if not so paid shall be recoverable by the Minister from the Council as a civil debt in any court of competent jurisdiction.

24 The establishment of the register.

24.—(1) As soon as may be after the preliminary establishment of the Council, the Council shall prepare and establish, in such form as they may prescribe by regulations made by them, a register of veterinary surgeons to be known as “The Register of Veterinary Surgeons for Saorstát Eireann” and in this Act referred to as the register.

• (2) As soon as the Council is in a position to appoint a date for the establishment of the register and in any event not later than six months after the preliminary establishment of the Council, the Council shall communicate in writing to the Minister the date on which they desire the register to be established, and thereupon the Minister shall by notice published by him in the Iris Oifigiúil declare that the register shall be established as on and from the date so communicated to him or such other date as the Minister, after consultation with the Council, may think proper to specify in such notice.

• (3) The notice to be published in the Iris Oifigiúil pursuant to the foregoing sub-section shall be so published not less than one month before the date specified therein for the establishment of the register.

• (4) All references in this Act to the establishment of the register as a point in time shall be construed as referring to the date declared by the Minister under this section to be the date as on and from which the register shall be established.

• (5) From and after the establishment of the register the Council shall maintain and keep the register in accordance with this Act and the regulations made by the Council thereunder.

25 Correction of the register.

25.—(1) For the purpose of keeping the register correct the Council shall from time to time as occasion requires correct all verbal or clerical errors in the register, remove therefrom all entries therein procured by fraud or misrepresentation, enter in the register every change which comes to their knowledge in the addresses of the persons registered therein, and remove from the register the names of all persons who shall have died, and the Council shall also remove from the register the name of any person who applies to have his name removed therefrom.

• (2) The Council may at any time on such terms and as from such date as they think proper restore to the register the name of any person whose name was erroneously removed from the register on the ground that he was dead and the name of any person whose name was removed from the register at his own request.

• (3) The Council may by regulations made under this Act delegate to the registrar all or any of their powers and duties under this section other than the power of restoring a name to the register.

26 Notification by registrar of death of registered person.

26.—Every registrar of deaths on receiving notice of the death of any person who is registered in the register, shall forthwith send by post to the registrar a certificate signed by him certifying the fact of the death of such person and containing particulars of the time and place of the death of such person, and may charge the cost of such certificate and of the sending thereof to the registrar as an expense of his office of registrar of deaths.

27 Registration fees.

27.—(1) The fee (in this Act referred to as the registration fee) payable to the Council on registration by persons registered in the register after the establishment thereof shall be of such amount as the Executive Council shall from time to time appoint by order and, until the Executive Council so appoints the amount of such fee, the amount shall be two guineas.

• (2) The registration fee shall be paid at the time when the application for registration in the register is made, and the payment thereof shall be a condition precedent to the entertainment of the application by the Council, but if such application is refused the registration fee paid thereon shall be repaid by the Council to the applicant.

• (3) Where a person who pays a registration fee in accordance with this section satisfies the Council that he has paid to the Council of the Royal College of Veterinary Surgeons a registration fee in the year current at the date of payment of the registration fee to the Council or has paid in respect of the said year to the Council of the said College an annual fee, the Council shall refund to such person the amount of the registration fee or annual fee (as the case may be) so paid by him to the Council of the said College.

• (4) In this section the word “year” means a period of twelve months commencing on any 1st day of April and ending on the next following 31st day of March.

28 Annual fees.

28.—(1) A fee (in this Act referred to as the annual fee) shall be payable annually to the Council by every person whose name is registered in the register in respect of every year (save as is hereinafter otherwise provided) during which or during any part of which his name is so registered and such fee shall, in the case of persons whose names appear in the register at the beginning of any such year, be paid on or before the 30th day of June in that year.

• (2) Every person registered in the register at the establishment thereof shall within one month after the receipt by him of notice in writing of such registration, pay to the Council an annual fee in respect of the year current at the date of such establishment, and if any person so registered fails to pay such annual fee within such month the Council shall erase the name of such person from the register and may delegate to the registrar the duty of making such erasure.

• (3) No person who is first registered in the register after the establishment thereof shall be liable to pay an annual fee in respect of the year in which he is so first registered.

• (4) The annual fee shall be of such amount as the Executive Council shall from time to time appoint by order and different amounts may be so appointed in respect of different classes of persons, and, until the Executive Council so appoints the amount of such fee, the amount thereof shall be two guineas.

• (5) At every statutory meeting of the Council, the Council shall cause to be erased from the register the name of every person who has not paid, on or before the next preceding 30th day of June, the annual fee payable by him in respect of the year then current, but the Council at their discretion may at such meeting and for cause shown allow the name of any such person to remain in the register until the next following 31st day of December on condition that if such person does not pay the said annual fee before the said 31st day of December the Council shall on that day erase his name from the register and the Council may delegate to the registrar the duty of making such erasure.

This sub-section shall not apply in respect of the non-payment by a person registered in the register at the establishment thereof of the annual fee in respect of the year current at such establishment.

• (6) Where a person who is registered in the register at the establishment thereof and has paid to the Council within the time limited by this section the annual fee in respect of the year current at the date of such establishment, satisfies the Council either that he has paid to the Council of the Royal College of Veterinary Surgeons an annual fee in respect of the said year or that he has, in the said year, paid a registration fee to the Council of the said College, the Council shall refund to such person the amount of the annual fee or registration fee (as the case may be) so paid by him to the Council of the said College.

• (7) The name of a person whose name has been erased from the register under this section may be restored to the register at any time thereafter by special direction of the Council and the Council may require as a condition precedent to such restoration the payment by such person of a fee not exceeding the total of the registration fee which would be payable by such person if he were then being registered for the first time and the annual fee on account of the non-payment of which his name was so erased.

• (8) In this section the word “year” means a period of twelve months commencing on any 1st day of April and ending on the next following 31st day of March.

29 Payment of fees to the Royal College of Veterinary Surgeons.

29.—(1) The Council shall in every year pay to the Council of the Royal College of Veterinary Surgeons the sum of one guinea in respect of every person (subject to the exception hereinafter made) who during such year or any part thereof is registered in the register and is also registered in the general veterinary register and has paid to the Council the annual fee payable under this Act in respect of such year.

• (2) The sum of one guinea shall not be payable by the Council to the Council of the Royal College of Veterinary Surgeons under this section for the year current at the establishment of the register in respect of any person registered in the register at such establishment who satisfies the Council either that he has paid to the Council of the said College an annual fee in respect of the said year or that he has, in the said year, paid a registration fee to the Council of the said College.

• (3) In this section the word “year” means a period of twelve months commencing on any 1st day of April and ending on the next following 31st day of March.

30 Persons entitled to be registered at the establishment of the register.

30.—(1) There shall be registered in the register at the establishment thereof—

• (a) every person who is registered in the general veterinary register immediately before the establishment of the register and is then resident in Saorstát Eireann, and

• (b) every person who is registered in the general veterinary register immediately before the establishment of the register and is then resident outside Saorstát Eireann and applies to the Council within one month before such establishment to be registered in the register.

• (2) For the purpose of this section a person shall be deemed to be resident at his address as stated in the general veterinary register.

31 Persons entitled to be registered after the establishment of the register.

31.—(1) After the establishment of the register the following persons shall, on making the prescribed application and paying the fees required by this Act to be paid on such application, be entitled (save as is otherwise provided by this section) to be registered in the register, that is to say:—

• (a) every person who is at the time of such application registered in the general veterinary register, and

• (b) every person who at the time of such application is possessed of a diploma in veterinary science, veterinary surgery or veterinary medicine granted by a university or college in Saorstát Eireann and for the time being recognised by law as a diploma conferring on the possessor thereof the right to be registered in the register.

• (2) No person whose name shall have been erased from the register by the Council on account of his having been convicted of treason or a felony, misdemeanour, crime or offence or on account of failure to pay an annual fee, or on account of his having been judged guilty of conduct disgraceful to him in a professional respect, shall be entitled to have his name restored to the register under this section solely by reason of his being registered in the general veterinary register.

• (3) A person not previously registered in the register shall not be entitled to be registered therein under this section if at any time before his application for such registration his name had been erased from the general veterinary register on account of his having been convicted of a felony, misdemeanour, crime or offence or his having been judged guilty of conduct disgraceful to him in a professional respect.

32 Foreign practitioners.

32.—(1) Any person who was trained and is for the time being registered as a veterinary surgeon in any country which is for the time being recognised by the Council for the purposes of this section shall be entitled, on making the prescribed application and paying the fees required by this Act to be paid on such application, to be registered in the register.

• (2) The Council may recognise for the purposes of this section any country (other than the United Kingdom of Great Britain and Northern Ireland) in which there is in force at the time of such recognition legislation—

• (a) providing for the registration by a public authority of persons engaged in the practice of veterinary surgery and medicine; and

• (b) requiring for such registration a standard of training and knowledge which is in the opinion of the Council not lower than the standard of training and knowledge necessary for obtaining the right to be registered under this Act; and

• (c) providing for the admission of persons registered under this Act to registration under such legislation on terms which, in the opinion of the Council, are reasonably equivalent to the terms on which persons registered under such legislation are admitted to registration under this Act.

• (3) The Council may at any time cease to recognise for the purposes of this section any country previously so recognised.

• (4) Persons registered in the register under this section are in this Act referred to as foreign practitioners.

33 Entry in register of additional qualifications.

33.—Any person registered in the register shall, at any time after his first registration therein and on making the prescribed application and paying the prescribed fee, be entitled to have entered in the register in addition to his qualifications then already entered therein—

• (a) any qualification the possession of which would entitle him to registration in the register; and

• (b) any qualification the possession of which would entitle him to registration in the general veterinary register; and

• (c) any qualification which is then entered or could be entered in the general veterinary register as part of his qualifications; and

• (d) any degree or diploma for proficiency in veterinary science or state veterinary medicine which was granted to him after special examination by the Royal College of Veterinary Surgeons or by any university or college and is recognised by the Council as a degree or diploma which may be registered under this section.

34 Erasure from the register of persons convicted of crimes.

34.—(1) Whenever a person registered in the register is convicted in Saorstát Eireann of treason or of a felony or a misdemeanour or is convicted outside Saorstát Eireann of a crime or offence which would be a felony or a misdemeanour if committed in Saorstát Eireann, the Council may erase the name of such person from the register.

• (2) The name of any person whose name has been erased from the register under this section may be restored to the register at any time by special direction of the Council but not otherwise, and, when the name of a person is so restored to the register, the Council may attach to such restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by such person for registration if he was then being registered for the first time) as the Council thinks fit.

35 Inquiries into allegations of professional misconduct.

35.—(1) Whenever a person who is registered in the register and is not registered in the general veterinary register is alleged to have been guilty of conduct disgraceful to him in a professional respect, the Council may itself hold or may appoint a committee of not less than three of its members to hold an inquiry into the conduct of such person.

• (2) Whenever a person who is registered in the register and is also registered in the general veterinary register is alleged to have been guilty of conduct disgraceful to him in a professional respect, then if but only if the circumstances are such that, under the Agreement set forth in the First Schedule to this Act, such allegation is to be investigated by a committee of the Council, the Council shall appoint a committee (in this Act sometimes referred to as a committee appointed under the Agreement), consisting of three of its own members (of whom at least one shall be a person who is also a member of the Council of the Royal College of Veterinary Surgeons) nominated by it and two members of the Council of the said College nominated by that Council to hold an inquiry into the conduct of such person, and such committee shall for the purposes of this Act be deemed to be a committee of the Council.

• (3) Whenever the Council appoints under either of the foregoing sub-sections of this section a committee to hold an inquiry into the conduct of any person, such committee shall hold such inquiry accordingly and shall report thereon to the Council.

• (4) The person whose conduct is the subject of an inquiry held under this section by the Council or by a committee of the Council appointed under this section shall be entitled to be heard and adduce evidence at such inquiry and, if he so desires, to be represented thereat by solicitor or by solicitor and counsel.

36 Erasure from the register on account of professional misconduct.

36.—(1) Whenever the Council as the result of an inquiry held by it under this Act into the conduct of a person alleged to have been guilty of conduct disgraceful to him in a professional respect or as the result of the report of a committee (other than a committee appointed under the Agreement) appointed by the Council under this Act to hold an enquiry into the conduct of any such person, finds that such person was guilty of conduct disgraceful to him in a professional respect the Council may, by a resolution in favour of which not less than five members of the Council shall have voted, erase the name of such person from the register.

• (2) Whenever as the result of the report of a committee appointed under the Agreement to investigate an allegation in relation to a person who is registered in the register and is also registered in the general veterinary register, the Council finds that such person has been guilty of conduct disgraceful to him in a professional respect the Council may, by a resolution in favour of which not less than five members of the Council shall have voted, erase the name of such person from the register.

• (3) Whenever the Council of the Royal College of Veterinary Surgeons has, in pursuance of the Agreement set forth in the First Schedule to this Act, reported to the Council a case in which the Council of the said College has determined to remove from the general veterinary register the name of a person who is registered in that register and is also registered in the register and in relation to whom the Council of the said College has in accordance with the said Agreement investigated an allegation of conduct disgraceful in a professional respect, the Council shall consider the facts stated in such report and, if the Council on such consideration finds that the person to whom such report relates has been guilty of conduct disgraceful to him in a professional respect, the Council may, by a resolution in favour of which not less than five members of the Council shall have voted, erase the name of such person from the register.

• (4) References in this Act to the erasure by the Council of the name of a person from the register on account of professional misconduct shall be construed as referring only to an erasure of the name of a person from the register made by the Council under this section.

37 Restoration to the register of name erased for professional misconduct.

37.—(1) The name of a person whose name has been erased from the register by the Council on account of professional misconduct shall not be restored to the register save only by order of the High Court under this Act or by special direction of the Council given under this section.

• (2) A person whose name has been erased from the register by the Council on account of professional misconduct may at any time after such erasure apply to the Council to have his name restored to the register and the Council may on considering such application either refuse such application or by special direction restore the name of such person to the register.

• (3) When the Council restores under this section the name of a person to the register the Council may attach to such restoration such conditions (including the payment of a fee not exceeding the registration fee which would be payable by such person if he were then being registered for the first time) as the Council shall think fit.

38 Notice of erasure, refusal to register, etc.

38.—Whenever the Council either—

• (a) refuses to register in the register the name of a person who has duly applied for such registration; or

• (b) erases the name of a person from the register on account of his failure to pay an annual fee or on account of professional misconduct; or

• (c) refuses an application for restoration to the register made by a person whose name had been erased from the register by the Council on account of professional misconduct;

the Council shall forthwith send by post to such person notice in writing of such refusal or erasure (as the case may be) and of the reason therefor.

39 Appeal to the High Court.

39.—(1) Whenever the Council—

• (a) refuses to register in the register the name of a person who has duly applied for such registration; or

• (b) fails to register in the register the name of a person who has duly applied for such registration; or

• (c) erases the name of a person from the register on account of his failure to pay an annual fee or on account of professional misconduct; or

• (d) refuses an application for restoration to the register made by a person whose name had been erased from the register by the Council on account of professional misconduct;

such person may, in the case of a failure to register, within six months after his application for registration or, in any other case, within three months after receiving from the Council notice under this Act of the refusal or erasure (as the case may be), appeal to the High Court in accordance with rules of court against such failure, refusal, or erasure, as the case may be

• (2) On the hearing of an appeal under this section the High Court may give such directions as it thinks proper, including a direction that the name of the appellant be registered in or restored to the register as from the date of the order of the Court or any earlier date, and directions as to how the costs of the appeal are to be borne.

• (3) On the hearing of an appeal under this section from the erasure of the name of a person from the register by the Council on account of professional misconduct or from a refusal by the Council of an application for restoration to the register made by a person whose name had been erased from the register by the Council on account of professional misconduct, the High Court may, if it thinks proper so to do, admit and have regard to evidence of persons of standing in the veterinary profession as to what is conduct disgraceful to a veterinary surgeon in a professional respect.

• (4) Whenever the High Court on an appeal under this section directs the name of a person to be registered in or restored to the register, the Council shall register or restore (as the case may require) the name of such person in or to the register in accordance in all respects with such direction.

• (5) The decision of the High Court on an appeal under this section shall be final and conclusive and shall not be subject to appeal to any other Court or tribunal.

40 Inquiry by Council into allegation of disgraceful conduct.

40.—(1) Whenever the Council holds or appoints a committee of the Council to hold an inquiry under this Act into the conduct of any person who is alleged to have been guilty of conduct disgraceful to him in a professional respect, the Council or such committee (as the case may be) shall have power to summon witnesses to attend such inquiry and to examine them on oath and for that purpose to administer an oath to such witnesses and to compel such witnesses to produce any documents in their power or control the production of which the Council or such committee (as the case may be) considers necessary for the purpose of such inquiry.

• (2) Every person who, on being duly summoned by the Council or by any such committee of the Council as aforesaid to attend an enquiry held under this Act, fails to attend at such inquiry or being in attendance thereat as a witness refuses to take an oath or to give evidence or to produce a document in his power or control when required under this section so to do, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

41 The Veterinary Register.

41.—(1) The Council shall in every year cause to be printed, published, and sold under the title “The Veterinary Register of Saorstát Eireann” (in this Act referred to as the Veterinary Register) a correct list, in such form as shall be prescribed by the Council, of the names of all persons whose names are entered in the register on the 1st day of January of such year.

• (2) The Council may, if it so thinks proper, refrain from publishing the Veterinary Register in the year in which the register is established, but if the Council does publish the Veterinary Register in such year such Veterinary Register shall be a list of the names of all persons whose names are entered in the register on the day after the establishment of the register.

• (3) The Council shall arrange the names contained in the Veterinary Register in three lists, of which the first list shall contain the names of those persons who (not being foreign practitioners) are registered in the general veterinary register as well as in the register, and the second list shall contain the names of those persons who (not being foreign practitioners) are registered in the register and are not registered in the general veterinary register, and the third list shall contain the names of foreign practitioners, and the Council may subdivide the last-mentioned list into such and so many sub-lists as they may think fit.

• (4) Every separate list and sub-list of names contained in the Veterinary Register under this section shall be arranged in such list or sub-list in alphabetical order of surnames and in the case of persons having the same surname, in alphabetical order of Christian names, and shall contain after or opposite the name of every such person his address and qualifications as stated in the register on the appropriate 1st day of January or, in the case of the Veterinary Register published in the year in which the register is established, on the day after the establishment of the register.

• (5) A copy purporting to be a copy printed and published by or for the Council under this section of the Veterinary Register which is for the time being the latest Veterinary Register so printed and published shall be evidence in any court, until the contrary is proved, that every person whose name is entered in such Veterinary Register is registered in the register under and in accordance with this Act and that any person whose name is not entered in such Veterinary Register is not so registered.

• (6) A certificate purporting to be signed by the registrar and to certify that on a specified day or days or during the whole of a specified period a particular person was duly registered in the register or that on a specified day or days or during the whole of a specified period a particular person was not registered in the register or that on a specified day the name of a particular person was erased from the register shall, without proof of the signature of the person purporting to sign such certificate or that he was the registrar and notwithstanding any discrepancy between such certificate and the Veterinary Register, be conclusive evidence of the matters certified in and by such certificate.

42 Notification by Council to Ministers of removal of names from the register.

42.—In every case in which the name of any person entered in the register is removed from the register (otherwise than at his own request or on account of his death) the Council shall immediately notify the Minister for Agriculture and the Minister for Local Government and Public Health of such removal and the general nature of the reason therefor.

43 Offences and penalties in relation to the register.

43.—(1) Every person who, for the purpose of being registered in the register, makes or procures or causes to be made or procured or aids or abets the making or procuring of any representation or declaration which to the knowledge of such person is false or fraudulent shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding twelve months.

• (2) Every person who wilfully and fraudulently makes or causes to be made or aids or abets the making of any entry in the register which to the knowledge of such person is false or misleading in any material particular shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding twelve months.

• (3) Every person who, after the establishment of the register, wilfully and falsely represents himself to be or holds himself out as being a person who is registered in the register or uses any name, title, addition or description (whether expressed in words or by letters or partly in words and partly by letters) implying that he is so registered shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

44 Descriptions of registered persons.

44.—(1) Every person who is registered in the register shall be entitled to take and use the description of veterinary surgeon and such description shall, for the purposes of this Act, be deemed to imply that the person using the same is so registered.

• (2) A person who is registered in the register shall not—

• (a) use any name other than the name in which he is registered in the register; or

• (b) take or use, or affix to or use in connection with his premises, any title or description relating to himself, his premises or the work done or proposed to be done by him which is calculated to suggest that he possesses any professional status or qualification other than a professional qualification or status which he in fact possesses and which is indicated by the particulars relating to him entered in the register.

• (3) Every person who does any act which is a contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

45 Prohibition of recovery of fees by unregistered persons.

45.—No person shall be entitled to recover in any legal proceedings any fee or charge for or on account of any veterinary surgical or veterinary medical advice or attendance given by him or any veterinary surgical operation performed by him unless such person was a registered veterinary surgeon when (as the case may be) such advice or attendance was given or such operation was performed.

46 Prohibition of practice of veterinary surgery or medicine by unregistered persons.

46.—(1) It shall not be lawful for any person to practise or to represent or hold himself out, whether directly or by implication, as practising or being prepared to practise veterinary surgery or veterinary medicine unless he is for the time being a registered veterinary surgeon.

• (2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable in respect of each such offence on summary conviction thereof to a fine not exceeding one hundred pounds.

• (3) Nothing in this section shall render it unlawful for any farmer or other person who habitually keeps animals for profit or the servant of any such person to perform on or administer to an animal of any class (whether owned or not owned by such person) any operation or medicine the performing or administering of which is incidental to the usual care and management of animals of that class, provided that such person or servant does not hold himself out as a registered veterinary surgeon.

47 Prohibition of practice of veterinary surgery or medicine by corporate bodies.

47.—(1) It shall not be lawful for any body corporate to practise or to represent or hold itself out, whether directly or by implication, as practising or being prepared to practise veterinary surgery or veterinary medicine.

• (2) If a body corporate practises or represents or holds itself out, whether directly or by implication, as practising or being prepared to practise veterinary surgery or veterinary medicine, such body corporate shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine in respect of each such offence not exceeding one hundred pounds and not less than fifty pounds and the manager and every director of such body corporate shall also be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine in respect of each such offence not exceeding one hundred pounds and not less than fifty pounds.

48 Prosecution of offences.

48.—Every offence under any section of this Act may be prosecuted at the suit of the Council.

49 Short title.

49.—This Act may be cited as the Veterinary Surgeons Act, 1931.

FIRST SCHEDULE. Agreement between His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland and His Majesty's Government in the Irish Free State as to the Registration and Control of Veterinary Surgeons.

the expression “the Charters” means the Charters of the Royal College of Veterinary Surgeons granted by Her late Majesty Queen Victoria on the 8th day of March, 1844, the 3rd day of August, 1876, the 5th day of August, 1879, the 25th day of August, 1883, and the 19th day of September, 1892 respectively and by His Majesty King George V on the 21st day of August, 1914, and the 12th day of February, 1923, respectively;

the expression “the Veterinary Surgeons Acts” means the Veterinary Surgeons Act, 1881, the Veterinary Surgeons Amendment Act, 1900, and the Veterinary Surgeons Act (1881) Amendment Act, 1920;

the expression “the general veterinary register” means the register of veterinary surgeons maintained by the Council of the Royal College of Veterinary Surgeons under the Charters and the Veterinary Surgeons Acts;

the expression “the Irish Free State Veterinary Council” means such council as may hereafter be established by legislation of the Oireachtas of the Irish Free State for the purpose of registering and controlling veterinary surgeons in the Irish Free State;

the expression “the Irish Free State Veterinary register” means such register of veterinary surgeons as may be required by legislation of the Oireachtas of the Irish Free State to be kept by the Irish Free State Veterinary Council;

the word “formerly” shall be construed as referring to times previous to the establishment of the Irish Free State.

• (2) The said legislation establishing the Irish Free State Veterinary Council shall provide that the said council shall, as from the earliest convenient date, always include four members who will be eligible to be and will be members of the Council of the Royal College of Veterinary Surgeons and represent the Irish Free State on that council in accordance with this Agreement.

• (2) The Irish Free State representatives shall be persons who are members of the Irish Free State Veterinary Council and (subject to provisions hereinafter contained in relation to casual vacancies) are such members by virtue of their election thereto by the votes of members of the Royal College of Veterinary Surgeons who are for the time being registered in the Irish Free State veterinary register and are resident in the Irish Free State.

• (3) The first Irish Free State representatives shall when elected be arranged in order of seniority according to the number of votes cast for them respectively and shall take office at the annual meeting of the Royal College of Veterinary Surgeons next after the taking effect of this Agreement or, if that cannot conveniently be done, at the next following annual general meeting of the said College, and (subject to death, resignation, or disqualification) the first in seniority of the said first representatives shall hold office as such representative until the fourth annual general meeting of the said College after the meeting at which he takes office and the second, third, and fourth in seniority of the said first representatives shall respectively hold office as such representative until the third, second and first annual general meeting of the said College after the meeting at which he takes office.

• (4) Every Irish Free State representative after the first such representatives other than persons elected or co-opted to fill casual vacancies shall take office as such representative at the annual general meeting of the Royal College of Veterinary Surgeons at which the term of office of his predecessor expires and unless he sooner dies, resigns, or becomes disqualified, shall hold office as such representative until the fourth annual general meeting of the said College after the said meeting at which he takes office.

• (5) An Irish Free State representative who ceases otherwise than by expiration of his term of office to be a member of the Irish Free State Veterinary Council or ceases to be a member of the Royal College of Veterinary Surgeons or ceases to be resident in the Irish Free State shall be disqualified for being and shall forthwith cease to be an Irish Free State representative.