LegalizeVETERINARY SURGEONS ACT, 1931
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
20 amending acts · 2005-07-12, Veterinary Practice Act 2005
- (6) Casual vacancies amongst the Irish Free State representatives shall be filled in such manner as shall be prescribed by legislation of the Oireachtas of the Irish Free State but notwithstanding anything in this Agreement, such legislation may authorise the filling of such vacancies temporarily by co-option by the Irish Free State Veterinary Council pending the filling thereof by election in accordance with this Agreement.
- (7) Every Irish Free State representative shall, if otherwise qualified, be eligible for election at or before the expiration of his term of office to become and be an Irish Free State representative at such expiration.
- (8) The legislation of the Oireachtas of the Irish Free State regulating the terms of office of members of the Irish Free State Veterinary Council shall provide that the terms of office of Irish Free State representatives as members of the said council shall coincide with their terms of office as such representatives, save that for reasons of practical convenience an interval not exceeding seven days may occur between the respective dates on which such terms of office respectively commence and also between the respective dates on which such terms of office respectively expire, and it is hereby declared that for the purposes of such legislation and for the purposes of this Agreement any such interval shall be ignored.
(1) Every person who is registered in the general veterinary register at the time when the Irish Free State register is first established and either is then resident in the Irish Free State or, not being so resident, applies in such manner and within such time as may be prescribed by legislation of the Oireachtas of the Irish Free State for registration in the Irish Free State veterinary register, shall be entitled to be registered in that register without payment of any fee other than such annual fee as may be or become payable under the said legislation.
- (2) Subject to the subsequent Provisions of this clause, every person (other than persons who are registered in the Irish Free State veterinary register under the foregoing sub-clause of this clause) who is for the time being registered in the general veterinary register shall be entitled, on payment of such fee as may be prescribed by or under legislation of the Oireachtas of the Irish Free State, to be registered in the Irish Free State veterinary register.
- (3) No person whose name has been erased from the Irish Free State veterinary register on account of his having been convicted of treason or a felony, misdemeanour, crime or offence or of his having been duly judged to be guilty of conduct disgraceful to him in a professional respect shall be entitled subsequently to be registered in the said register solely by reason of his being registered in the general veterinary register.
- (4) A person not previously registered in the Irish Free State veterinary register shall not be entitled to be registered therein if his name has 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 duly judged to have been guilty of conduct disgraceful to him in a professional respect.
(1) The Irish Free State Veterinary 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 that year or any part thereof is registered in the Irish Free State veterinary register and is also registered in the general veterinary register and pays to the Irish Free State Veterinary Council in respect of his registration in the Irish Free State veterinary register the annual fee payable for such registration.
- (2) No annual fee shall be payable to the Council of the Royal College of Veterinary Surgeons by a person in respect of whom and for a year for which the sum of one guinea is paid to the said Council by the Irish Free State Veterinary Council in accordance with this clause.
- (3) The sum of one guinea shall not be payable under this clause by the Irish Free State Veterinary Council to the Council of the Royal College of Veterinary Surgeons for the year in which the Irish Free State veterinary register is established in respect of any person who is registered in that register at the establishment thereof and either has paid an annual fee to the Council of the said College for that year or has paid in that year a registration fee to the Council of the said College.
- (4) In this clause 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.
(1) Whenever a person registered in both the general veterinary register and the Irish Free State veterinary register is alleged to have been guilty of conduct disgraceful to him in a professional respect, then—
- (a) if either such person practises as a veterinary surgeon exclusively outside the Irish Free State or such person practises as a veterinary surgeon both outside and within the Irish Free State and the disgraceful conduct is alleged to have been committed or (in the case of continuing conduct) begun outside the Irish Free State, the powers of investigating such allegation and, if such allegation is proved, of removing the name of such person from the general veterinary register shall be exercisable by the Council of the Royal College of Veterinary Surgeons under the Charters and the Veterinary Surgeons Acts as heretofore and the Council of the Royal College of Veterinary Surgeons shall report to the Irish Free State Veterinary Council every case in which it is determined to remove from the general veterinary register the name of any person registered in the Irish Free State veterinary register and such report shall be conclusive as to the facts but so that the Irish Free State Veterinary Council shall form their own judgment on the case independently of any opinion of the Council of the Royal College of Veterinary Surgeons and act accordingly; and
- (b) if either such person practises as a veterinary surgeon exclusively within the Irish Free State or such person practises as a veterinary surgeon both within and outside the Irish Free State and the disgraceful conduct is alleged to have been committed or (in the case of continuing conduct) begun within the Irish Free State, such allegation shall, subject to the subsequent provisions of this clause, be investigated by a committee of the Irish Free State Veterinary Council under powers in that behalf to be conferred on that council by legislation of the Oireachtas of the Irish Free State.
- (2) Any legislation of the Oireachtas of the Irish Free State conferring on the Irish Free State Veterinary Council powers of investigating allegations of conduct disgraceful in a professional respect made against persons who are registered in both the general veterinary register and the Irish Free State Veterinary register shall limit such powers to cases coming within paragraph (b) of the foregoing sub-clause and shall provide that such investigation shall be made by a committee consisting of three members of the Irish Free State Veterinary Council (of whom at least one shall be a person who is also a member of the Council of the Royal College of Veterinary Surgeons), appointed by the Irish Free State Veterinary Council and two members of the Council of the Royal College of Veterinary Surgeons appointed by that Council.
- (3) A Committee constituted in the manner specified in the foregoing sub-clause and appointed under legislation of the Oireachtas of the Irish Free State to investigate an allegation of disgraceful conduct in a professional respect coming within paragraph (b) of sub-clause (1) of this clause shall, for the purposes of the Charters and the Veterinary Surgeons Acts, be deemed to be a committee of the Council of the Royal College of Veterinary Surgeons appointed by that Council under the said Acts. The power of removing from the Irish Free State veterinary register the name of any person whose conduct becomes the subject of an investigation by such committee as aforesaid shall be exercisable by the Irish Free State Council under the provisions in that behalf of the legislation to be passed by the Oireachtas. The Irish Free State Council shall report to the Council of the Royal College of Veterinary Surgeons every such case in which it is determined to remove from the Irish Free State register the name of any such person and such report shall be conclusive as to the facts but so that the Council of the Royal College of Veterinary Surgeons shall form their own judgment on the case independently of any opinion of the Irish Free State Council and act accordingly.
- (4) Where as a result of an investigation held under paragraph (a) of sub-clause (1) of this clause the name of any person is removed from the general veterinary register and such person applies to have his name restored to that register the Council of the Royal College of Veterinary Surgeons shall report such application to the Irish Free State Council and its determination thereon.
- (5) Where as a result of an investigation held under paragraph (b) of sub-clause (1) of this clause the name of any person is removed from the Irish Free State veterinary register and such person applies to have his name restored to that register the Irish Free State Veterinary Council shall report such application to the Council of the Royal College of Veterinary Surgeons and its determination thereon.
- (6) The legislation to be passed by the Oireachtas of the Irish Free State may provide that an appeal from a decision of the Irish Free State Veterinary Council removing from the Irish Free State veterinary register the name of any person registered therein or refusing to restore thereto the name of any person removed therefrom shall be to the High Court of the Irish Free State and to no other court or tribunal.
At every examination held in the Irish Free State by the Council of the Royal College of Veterinary Surgeons, the said Council shall, on the nomination of the authorities of any college, school, or institution in the Irish Free State affiliated to the said Royal College, appoint the principal teacher of a subject in that school or his deputy to act as third or internal examiner in that subject of students educated at that college, school, or institution, but such third or internal examiner shall not set the written questions at such examination.
At every examination held in the Irish Free State by the Council of the Royal College of Veterinary Surgeons, the said Council and the Irish Free State Veterinary Council shall each be entitled to be represented by delegates appointed by the said Councils respectively for the purpose of observing the conduct of such examination and reporting thereon to the said councils respectively.
His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland and His Majesty's Government in the Irish Free State shall as soon as possible introduce into their respective Parliaments such legislation as may be necessary to give statutory effect to this Agreement, and this Agreement shall not take effect until such legislation in both such Parliaments shall have been passed into law.
| Signed on behalf of His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland. | Signed on behalf of His Majesty's Government in the Irish Free State. |
| (Sgd.) J. H. THOMAS. | (Sgd.) P. McGILLIGAN. |
SECOND SCHEDULE. Rules for the Election of Elected Members of the Council at Annual Election.
The election at an annual election of persons to be general elected members of the Council and the election at such annual election of persons to be limited elected members of the Council shall be conducted as two separate elections held at the one time and accordingly each such election shall be deemed for the purposes of these Rules to be a separate election and the word “election” shall in these Rules be construed accordingly.
Every candidate shall be nominated in writing and shall be proposed and seconded respectively by two registered veterinary surgeons resident in Saorstát Eireann and entitled to vote at the election, and every such nomination shall be signed by the candidate and by his proposer and his seconder.
Every person entitled to vote at an election shall be entitled to vote for as many candidates as there are vacancies to be filled at such election and no more.
The returning officer shall send a voting paper by post to every person entitled to vote at the election but the failure to send a voting paper to any such person shall not invalidate the election.
Any person entitled to vote at the election to whom a voting paper is not sent by the returning officer shall be entitled to obtain a voting paper on application therefor to the returning officer.
Persons entitled to vote at the election shall send by post or otherwise or deliver their voting papers to the returning officer at the address given by him for the purpose.
On the day and at the time and place appointed for the purpose by the returning officer the votes cast by voting papers received by the returning officer before that day shall be counted in the presence of the returning officer by a chartered or other qualified auditor appointed by the returning officer.
At every annual election, the votes cast at the election of persons to be general elected members shall be counted and the result of the election ascertained before the counting of the votes cast at the election of persons to be limited elected members is commenced, and, in the counting of the votes at the last mentioned election, any candidate at such election who has been elected at the first-mentioned election shall be deemed to have withdrawn his candidature and accordingly votes cast for him shall be disregarded.
Where at an election there are one or more casual vacancies to be filled, the elected person who receives the greatest number of votes shall be deemed to have been elected to fill the vacancy which is not a casual vacancy, and the other elected person or persons shall be deemed to have been elected to fill the said casual vacancy or vacancies and, if more than one, on the basis that the person receiving the greater number of votes is elected to fill the vacancy having the greater term of office unexpired.
Votes cast by voting papers received by the returning officer on or after the day appointed by him for the counting of the votes shall not be counted.
The method of sending, receiving, and counting voting papers shall be such as to secure the secrecy of the voting.
Every candidate shall be entitled to be present at the counting of the votes, and no other person shall be present without the consent of the returning officer.
When the counting of the votes is completed the returning officer shall send the name or names of the person or persons elected and such other particulars relating to the election as may be required under this Act in writing signed by him to the Council.
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