Legalize / Ireland / Act

Veterinary Practice Act 2005

Type Act

Publication 2005-07-12

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 146

Reform history JSON API

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Veterinary Practice Act 2005.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“animal” means an animal of the kingdom animalia other than a human being;

“animal remedy” has the meaning given to it by section 1 of the Animal Remedies Act 1993;

“appointed day” has the meaning given to it by section 98(1);

“approved” in relation to a programme of education or further education has the meaning given to it by section 61;

“authorised officer” means an officer appointed under section 124;

“Board” means the board that may be established under section 98;

“certificate of registration” has the meaning given to it by section 35;

“committee” means a committee established by this Act;

“Council” means the Veterinary Council of Ireland established under section 11;

“Education Committee” means the committee referred to in section 62(1);

“establishment day” means the day appointed by the Minister under section 3;

“emergency”, in relation to treatment of an animal, means treatment where the animal is suffering from a condition that requires immediate action or where the failure to act would result in unnecessary suffering to the animal and includes, in appropriate circumstances, the putting down of the animal;

“Fitness to Practise Committee” means the committee referred to in section 71;

“former Council” has the meaning given to it by section 5;

“former Register” has the meaning given to it by section 36(1);

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F1["limited registration" in relation to—

(a) a veterinary practitioner, means registration undersection 44, and

(b) a veterinary nurse, means registration undersection 96B;]

“local authority” has the same meaning as it has in the Local Government Act 2001;

F2["Minister" means Minister for Agriculture, Food and the Marine;]

“practice of veterinary medicine” has the meaning given to it by section 53;

“Preliminary Investigation Committee” means the committee referred to in section 70;

“prescribed” means prescribed by regulations made by the Minister or the Council, as the case may be;

“printed and published”, in relation to a document made available to the public, means making it available to the public at such reasonable price (if any) as the Council may determine and includes publication of it by electronic means including by means of the internet;

“professional misconduct” has the meaning given to it by section 76(10);

“programme of education” has the meaning given to it by section 61;

“programme of further education” has the meaning given to it by section 61;

“Register” means the register referred to in section 34;

“Register of Veterinary Nurses” means the register referred to in section 93;

“registered person” means—

(a) except in Part 7, a person registered under Part 4 or 8, and

(b) in Part 7, a person registered within the meaning given to it in section 69;

“Registrar” means the person appointed under section 23;

“veterinary nurse” means a person registered under Part 8;

“veterinary practitioner” means a person registered under Part 4;

“veterinary premises” has the meaning given to it by section 105.

(2) In this Act, except where the context otherwise requires, a reference to service of documents or to notifying in writing, however expressed in either case, shall be construed in accordance with section 134.

(3) In this Act—

(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph, is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(4) In this Act, a reference to any other enactment is to be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.

3. Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day of the Council.

4. Repeals.

4.—(1) Subject to subsection (2)—

(a) each Act specified in the first and second columns of Part 1 of Schedule 1 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns,

(b) each statutory instrument specified in the first and second columns of Part 2 of Schedule 1 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Notwithstanding subsection (1)(b)—

(a) the Veterinary Surgeons (Annual Fees) Order 1997 (S.I. No. 131 of 1997) shall continue in force and may be amended or revoked as if made under section 33,

(b) the Veterinary Surgeons (Qualifying Degrees) Order 1954 (S.I. No. 85 of 1954) shall continue in force and may be amended or revoked as if made under section 65,

(c) the Agreement between the Government of Ireland and the Government of the United Kingdom with respect to Veterinary Surgeons referred to in Article 3 of the Veterinary Surgeons Order 1988 (S.I. No. 66 of 1988) and, in so far as they relate to that Agreement Articles 2 and 3 of that Order, shall continue in force.

PART 2 Former Council

5. Interpretation (Part 2).

5.—In this Part “former Council” means the Veterinary Council established under the Veterinary Surgeons Act 1931 and, for the purposes of section 9, includes any trustee or agent of the former Council acting on its behalf.

6. Dissolution of former Council.

6.—The former Council is dissolved with effect from the establishment day.

7. References to former Council.

7.—References to the former Council contained immediately before the establishment day in any enactment other than this Act shall, in so far as they relate to anything transferred to the Council by this Act, be construed on and after the establishment day as references to the Council.

8. Staff of Council.

8.—The Council shall accept into its employment on the establishment day, in accordance with the terms of this Act, such persons who immediately before that day were members of the staff of the former Council, on terms and conditions not less favourable than those applicable to such persons immediately before the establishment day.

9. Rights and liabilities of former Council.

9.—(1) With effect from the establishment day the following are transferred to the Council—

(a) all rights and property (and rights relating to such property) held or enjoyed immediately before that day by the former Council,

(b) all liabilities incurred before that day by the former Council which had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the former Council, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights shall, as and from that day, be enjoyed by the Council, and

(iii) those liabilities shall, as and from that day, be liabilities of the Council.

(2) Upon the request of the Council, all moneys, stocks, shares and securities transferred to the Council by this section that, immediately before the establishment day, are standing in the name of the former Council shall be transferred into the name of the Council.

(3) On or after the establishment day, every right and liability transferred to the Council by this section may be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council to give notice of the transfer to the person whose right or liability is transferred by this section.

(4) The Council may dispose of any part of any land or any interest in it transferred to or vested in the Council by virtue of this section.

(5) Every contract or agreement made between the former Council and any other person, which is in force immediately before the establishment day, shall continue in force on and after that day and shall be construed and have effect as if the Council were substituted in it for the former Council and shall be enforceable against the Council.

(6) Where immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the former Council is a party to the proceedings, the name of the Council shall be substituted for that of the former Council and the proceedings shall not abate by reason of such substitution.

10. Final accounts of former Council.

10.—(1) As soon as practicable after the establishment day, the Council shall cause to be prepared all proper and usual accounts of all moneys received or expended by the former Council in the accounting year, or part of the accounting year of the former Council ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as practicable by the Council to an auditor for audit.

(3) Immediately after the audit referred to in subsection (2) a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies of it to be laid before each House of the Oireachtas.

PART 3 Veterinary Council of Ireland

11. Establishment of Veterinary Council of Ireland.

11.—(1) On the establishment day there shall stand established a body to be known as Comhairle Tréidlianna na hÉireann or, in the English language, the Veterinary Council of Ireland, and in this Act referred to as the “Council”, to perform the functions conferred on it by or under this Act.

(2) The Council is a body corporate with perpetual succession and has power to sue and it may be sued in its corporate name and may acquire, hold and transfer property or an interest in property, both real and personal.

12. Procedure of Council.

12.—(1) Subject to the provisions of this Act the Council shall regulate, by standing orders or otherwise, the procedure and business of the Council.

(2) Schedule 2 applies to the Council.

13. Functions of Council.

13.—(1) Subject to the provisions of this Act, the principal function of the Council is to regulate the practice of veterinary medicine in the State and, unless the Board is established, the practice of veterinary nursing in the State.

(2) Without prejudice to the generality of subsection (1), the Council shall have the following functions:

(a) to establish and maintain the Register and the Register of Veterinary Nurses;

(b) to establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration;

(d) to specify and keep under review standards and approve programmes of education and further education necessary for the purposes of registration and continued registration under Part 4 or 8;

(e) to conduct inquiries into and, where appropriate, impose sanctions in relation to the fitness to practise of a person registered under Part 4 or 8;

(f) to advise the Minister in relation to any matter relating to the functions of the Council that the Council considers appropriate or is specified by the Minister;

(g) to promote the practice of veterinary medicine;

(h) to make pronouncements, as it sees fit, in relation to issues that affect the veterinary profession;

(i) to facilitate the exchange of information between those engaged in the practice of veterinary medicine or veterinary nursing and those who avail of veterinary services;

(j) where appropriate, to act as the competent authority for the purposes of—

(i) mutual recognition of veterinary qualifications obtained in or recognised by Member States,

(ii) all matters referred to in the Directives referred to in section 43;

(k) to borrow money in accordance with section 31;

(l) to specify and keep under review standards of veterinary premises;

(m) to enter into agreements in relation to the following matters with bodies in other states that are duly authorised to exercise functions in those states that correspond to the functions of the Council:

(i) recognition by the Council, for the purposes of registration under Part 4 or 8, of diplomas, degrees and other evidence of formal qualifications to practise veterinary medicine awarded in those states;

(ii) recognition by such bodies, for the purposes of authorisation of the practice of veterinary medicine in those states, of diplomas, degrees or other evidence of formal qualifications to practise veterinary medicine awarded in the State;

and

(n) to carry out investigations under Part 10.

(3) The Council may make and carry out arrangements with any person for the purpose of assisting the Council or any of its committees in the proper discharge of functions.

(4) The Council has all such powers as are necessary for or incidental to the performance of its functions under this Act.

14. Conferral of additional functions on Council.

14.—(1) The Minister may by order—

(a) confer on the Council such additional functions connected with the functions of the Council for the time being, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of additional functions on the Council.

(2) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(4) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972.

15. Ministerial directions to Council.

15.—The Minister may give general policy directions to the Council in writing in relation to the performance by the Council of its functions and the Council shall comply with any such directions.

16. Appointment of members of Council.

16.—(1) The members of the Council shall be appointed by the Minister and shall consist of the following:

(a) one person who is registered or is eligible to be registered under Part 4;

(b) two persons who are not eligible to be so registered, but one at least of whom avails of veterinary services in the course of a business, trade or profession;

(d) one person who is nominated for appointment as a member of the Council by the Minister for Education and Science and is engaged in the provision of higher education;

(e) 2 persons who are nominated for such appointment by a relevant body or bodies specified by the Minister by order under subsection (2) or, where no body is specified, are nominated for appointment by the National University of Ireland, of whom—

(i) one is registered or is eligible to be registered under Part 4 or 8,

(ii) one is not eligible to be so registered;

(f) one person who is nominated for such appointment by the Food Safety Authority of Ireland;

F3[(g) one person who is nominated for such appointment by the National Consumer Agency;]

(h) 9 persons who are registered under Part 4, who are chosen for such appointment in accordance with section 18;

(i) one person who is registered under Part 8, who is chosen for such appointment in accordance with section 18.

(2) (a) Where the Minister considers it appropriate in the circumstances, the Minister may by order specify one or more than one relevant body for the purposes of subsection (1)(e).

(b) Where more than 2 relevant bodies are specified by order, they shall jointly nominate 2 persons for appointment.

(c) An order under this section shall not affect the Council members standing appointed pursuant to subsection (1)(e) or a previous order under this section.

(d) An order under this section may be amended or revoked by the Minister by order.

(3) In this section “relevant body” means a body that provides programmes of education or programmes of further education or grants degrees or other academic awards in relation to such programmes and includes the National University of Ireland but does not include the Council or the Board.

17. Nomination and appointment of certain members of Council.

17.—(1) The first members of the Council to be nominated to the Council under paragraphs (d), (e), (f) and (g) of section 16(1) shall be nominated before the establishment day.

(2) If a person or body referred to in paragraph (d), (e), (f) or (g) of section 16(1) as making the nomination referred to in the paragraph concerned does not furnish a nomination in writing to the Minister within 6 weeks of the receipt by such person or body of a request in writing from the Minister to so do, the Minister shall nominate a person to the Council whom the Minister considers would have been appropriate to have been so nominated.

(3) Subject to subsection (4) the Minister shall appoint with effect from the establishment day—

(a) 9 persons to be members of the Council whom he or she considers to be representative of the persons eligible to be chosen for appointment as members of the Council under section 16(1)(h), and

(b) one person to be a member of the Council whom he or she considers representative of the persons who, in the Minister's opinion, would be eligible to apply for registration under Part 8 if the Register of Veterinary Nurses stood established.

(4) (a) The appointments referred to in subsection (3)(a) shall cease on a day to be appointed under section 18(4).

(b) The appointment referred to in subsection (3)(b) shall cease on a day to be appointed under section 18(7).

18. Election.

18.—(1) (a) The Council shall make rules, not later than 3 months after the establishment day, for the purpose of the election of persons for appointment as members of the Council under section 16(1)(h),

(b) The Council shall make rules, not later than 3 months after the establishment of the Register of Veterinary Nurses pursuant to section 93, for the purpose of the election of a person for appointment as a member of the Council under section 16(1)(i).

(2) (a) (i) Elections referred to in subsection (1)(a) shall be held on a ballot and in a manner provided for by the rules.

(ii) Elections referred to in subsection (1)(b) shall be held on a ballot and in a manner provided for by the rules.

(b) Rules made under paragraph (a) or (b) of subsection (1) may provide for such incidental, supplementary and consequential provisions as the Council considers necessary or expedient.

(c) Without prejudice to the generality of paragraphs (a) and (b) of subsection (1) or paragraph (b), rules may make provision in relation to—

(i) returning officers,

(ii) ballot papers,

(iii) date of election,

(iv) any other matter that, in the opinion of the Council, is required for the purposes of the election of members.

(3) As soon as practicable, but in any event not more than 3 months after the making of the rules referred to in subsection (1)(a), the Council shall hold elections for the purpose of electing persons for appointment by the Minister as members of the Council pursuant to section 16(1)(h).

(4) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (3) as the day on which those members of the Council appointed by him or her under section 17(3)(a) shall cease to be members of the Council.

(5) With effect from the day referred to in subsection (4), the Minister shall appoint as members of the Council those persons elected under subsection (3).

(6) As soon as practicable, but in any event not more than 3 months after the making of rules referred to in subsection (1)(b), the Council shall hold elections for the purpose of electing a person for appointment by the Minister as a member to the Council pursuant to section 16(1)(i).

(7) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (6) as the day on which the member of the Council appointed by him or her under section 17(3)(b) shall cease to be a member of the Council.

(8) With effect from the day referred to in subsection (7), the Minister shall appoint as a member of the Council the person elected under subsection (6).

19. Term of office of members of Council.

19.—(1) Subject to paragraph 15 of Schedule 2 and subsection (3), the Minister shall specify when appointing a person to be a member of the Council, that his or her term of office as such a member shall be for 4 years.

(2) Subject to subsection (3) the term of office of the first members of the Council shall commence on the establishment day.

(3) (a) (i) The 5 members of the Council appointed under section 18(5), who received the highest number of votes to be chosen for the appointment, shall hold office for the term beginning on the date of their appointment and expiring on the date that is 4 years from the establishment day.

(ii) The 4 members of the Council appointed under section 18(5) who received the lowest number of votes to be chosen for the appointment, shall hold office for a term that is 2 years less than the term referred to at subparagraph (i).

(iii) Where 2 or more persons referred to at subparagraphs (i) and (ii) receive an equal number of votes to be chosen for appointment, it shall, if necessary, be determined by lot which of those persons shall hold office for the term referred to in subparagraph (i) and which for the term referred to in subparagraph (ii).

(b) The member of the Council appointed under section 18(8) shall hold office for the term beginning on the day that he or she is appointed and expiring on the date that is 4 years from the establishment day.

20. Establishment of committees.

20.—(1) Subject to subsection (2), the Council may establish committees, other than the Preliminary Investigation Committee, the Fitness to Practise Committee and the Education Committee, to perform specified functions of the Council if it is of opinion that the functions may be performed more efficiently or conveniently by committees.

(2) A committee established under this section may include in its members persons who are not members of the Council.

(3) The chairperson of each committee established under this section shall be a member of the Council and shall be appointed by the Council as such chairperson.

(4) (a) The Council may at any time dissolve a committee established under this section.

(b) Where a committee is dissolved under this subsection, the Council, subject to this Act, shall make such arrangements as it considers appropriate in respect of the work of the committee and the exercise of its functions.

(5) Subject to this Act, the acts of a committee established under this section shall be subject to confirmation by the Council unless the Council dispenses with the necessity for confirmation.

(6) Subject to this Act, the Council may regulate the procedure of committees established under this section and, subject to being so regulated, committees established under this section may regulate their own procedure.

21. Expenses of Council and members of Council, etc.

21.—(1) The expenses incurred by the Council shall be defrayed out of funds at its disposal.

(2) A member of the Council or of a committee established under this Act shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of his or her attendance at a meeting of the Council or of a committee or otherwise in connection with the affairs of the Council, as the Council may determine.

22. Removal of members of Council from office.

22.—(1) (a) If the Council fails, neglects or refuses to perform any function assigned to it under this Act, the Minister may issue a direction in writing directing the Council to perform the function within a period of time specified in the direction, and for that purpose, to do matters that are ancillary or incidental to such performance as may be specified in the direction.

(b) The Minister may amend or revoke a direction made under this subsection.

(2) If the Council fails to comply with any direction under subsection (1), the Minister may by order remove all of the members of the Council from office.

(3) An order under this section may contain any provisions that the Minister considers necessary or expedient to enable the functions of the Council to be performed despite the removal from office of its members, including the appointment of one or more than one person to perform all or any of the Council's functions.

(4) (a) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled, but without prejudice to the validity of anything done under the order.

(b) In the case of an order made under subsection (2), if a resolution annulling it is passed in accordance with paragraph (a) the members of the Council who had been removed from office by virtue of the order shall be deemed restored to office but without prejudice to the validity of anything previously done by any person or persons appointed to perform all or any of the functions of the Council under subsection (3).

23. Registrar.

23.—(1) There shall be a chief executive officer of the Council who shall be known and is referred to in this Act as the Registrar.

(2) The Registrar shall be appointed and may be removed from office at any time for stated reasons by the Council.

(3) The Registrar shall carry on and manage and control generally the administration and business of the Council and perform such other functions as may be determined by the Council.

(4) The Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(5) The Council shall act through, and its functions shall be performed in the name of the Council by, the Registrar or another member of the staff of the Council duly authorised in that behalf by the Registrar.

(6) The Registrar may make proposals to the Council on any matter relating to its activities.

(7) The Registrar shall be employed on a full-time basis by the Council and shall not hold any other office or position without the consent of the Council.

(8) The Registrar shall not be a member of the Council or of a committee established under this Act.

(9) (a) Where—

(i) there is no person holding the office of Registrar, or

(ii) the Registrar cannot adequately perform his or her functions as a result of illness, or

(iii) the Registrar has been suspended,

the Council may appoint a person, who shall be known as the Acting Registrar, to perform the functions of the Registrar.

(b) An Acting Registrar shall be appointed to hold office for such period as the Council considers appropriate, but such appointment shall—

(i) where paragraph (a)(i) applies, be for the period until a Registrar is appointed or for a period not exceeding 12 months, whichever is the shorter period, and

(ii) where subparagraph (ii) or (iii) of paragraph (a) applies, be for the period until the incapacity or suspension ceases or for a period not exceeding 12 months, whichever is the shorter period.

(i) the Registrar dies, or

(ii) the Registrar otherwise ceases to hold office, other than by a decision of the Council,

then the Acting Registrar shall continue to hold office until the meeting of the Council which first occurs after the day the Registrar dies or so ceases to hold office.

(d) Subject to paragraphs (b) and (c), the Acting Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(10) In this section “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

24. Staff of Council.

24.—(1) In addition to the Registrar, the Council shall appoint such and so many persons to be members of the staff of the Council as the Council may determine.

(2) A member of the staff of the Council shall hold his or her employment on such terms and conditions as the Council may determine.

(3) A member of the staff of the Council shall be paid, out of funds at the disposal of the Council, such remuneration and allowances as the Council may determine.

(4) A member of the staff of the Council shall perform such duties as the Council may determine.

25. Disclosure of information.

25.—(1) Save as otherwise provided by law, a person shall not, without the consent of the Council, disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as a member of the Council, a member of staff of the Council (including the Registrar), a member of a committee or a consultant or adviser to the Council or a committee.

F4[(2) A person who contravenessubsection (1)is guilty of an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.]

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made—

(a) to the Council or a committee, or

(b) by or on behalf of the Council or a committee to the Minister.

(4) In this section “confidential information” includes information that is expressed by the Council or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof—

(a) in column (2) of “Veterinary Practice Act 2005.”, and

(b) in column (3), opposite the mention in column (2) of the Veterinary Practice Act 2005 of “section 25”.

26. Disclosure of interest by member of Council or committee.

26.—(1) Where at a meeting of the Council or a committee any of the following matters arise, namely—

(a) an arrangement or proposed arrangement to which the Council or any committee is or is expected to be a party, or

(b) a contract or other agreement or proposed contract or other agreement with the Council or any committee,

then, any member of the Council or committee present at the meeting who has an interest in the matter otherwise than in his or her capacity as a member of the Council or committee shall—

(i) at the meeting disclose to the Council or committee the fact of the interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Council or committee relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure related is being considered or discussed by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at a meeting of the Council or a committee a question arises as to whether or not a course of conduct, if pursued by a member of the Council, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the Council or the committee as the case may be, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the Minister is satisfied that a member of the Council has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office.

(5) Removal from office under subsection (4), disqualifies a person from membership of the Council.

(6) For the purposes of this section and section 27 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question relating to the matter, or in performing any function in relation to it.

(7) Where the Council is of opinion that a disclosure made under subsection (1), or paragraph (a) of section 27(1), is of sufficient importance to merit it, it shall consider furnishing details of the said disclosure in the next report prepared under section 30, following the disclosure.

(8) A member of the Council shall absent himself or herself from consideration, for the purposes of subsection (7), of a disclosure that was made by him or her.

27. Disclosure of interest by member of staff of Council.

27.—(1) Where a member of the staff of the Council has an interest, otherwise than in his or her capacity as such a member, in any, or in any proposed, contract, agreement or arrangement, to which the Council is or is proposed to be a party, that person shall—

(a) disclose his or her interest and the nature of it to the Council,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members of the Council or of the staff of the Council in relation to it,

(d) not make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Council.

F5[(3) A person who contravenessubsection (1)is guilty of an offence and is liable on summary conviction to a class A fine.]

(4) In this section “member of the staff” includes the Registrar.

28. Effect of membership of a House of the Oireachtas or European Parliament.

28.—(1) Where a member of the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Council.

(2) Where a person employed by the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment by the Council and shall not be paid by, or be entitled to receive from, the Council remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or Parliament.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Council, or from being employed by the Council.

(4) The Council shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Council, or a member of the staff of the Council save with the approval in writing of the Minister.

29. Accounts and audits.

29.—(1) The Registrar shall submit to the Council estimates of the income and of the expenditure of the Council in such form, in respect of such periods and at such times, as may be required by the Council and shall furnish to the Council any information which the Council may require in relation to such estimates, including information on proposals and plans relating to the performance by the Council of its functions in the future, generally or during a specified period.

(2) The Registrar, under the direction of the Council, shall cause to be kept, on a continuous basis and in a legible or a machine readable form or in both forms, all proper books and records of account of all income and expenditure of the Council, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Council and shall keep and shall account to the Council for all such special accounts as the Council may from time to time direct to be kept.

(3) (a) Accounts kept in accordance with subsection (2) shall be audited at least once in each year by an auditor appointed for that purpose by the Council and the auditor's fees and the expenses generally of the audit shall be paid by the Council as soon as possible after the audit.

(b) As soon as possible in each year following the completion by the auditor of the report on the audit and the furnishing of the auditor's certificate to the Council, the Council shall cause them to be printed and published to the public at such reasonable price (if any) as it may determine.

(4) (a) The Council, the Registrar and any relevant member of the staff of the Council shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books and records of account and the auditor's certificate and report on the audit in respect of any financial year of the Council or other period and shall facilitate the examination, and the Council shall pay the fee for it.

(b) In paragraph (a) “any relevant member of the staff of the Council” means any member of the staff of the Council to whom there has been assigned duties that relate to the books, or other records of account of the Council.

(5) The accounts of the Council for each financial year shall be prepared by the Registrar, in such form as may be specified by the Council and shall be approved by the Council as soon as practicable but not later than 3 months after the end of the financial year to which they relate.

30. Annual report and information.

30.—(1) Subject to subsection (3), the Council shall prepare and publish, in such form and manner as it considers appropriate, a report of its activities and proceedings under this Act, which shall include information on the performance of its functions during the year to which it relates.

(2) A report under subsection (1) shall be prepared at least once in every 12 month period.

(3) The Council shall provide the Minister with a copy of the report.

(4) As soon as possible following provision of the report to the Minister under subsection (3) the Council shall cause it to be printed and published.

31. Borrowing by Council.

31.—The Council, for the purpose of providing for current or capital expenditure, may borrow money (whether on the security of the assets of the Council or otherwise), including money in a currency other than the currency of the State.

32. Gifts.

32.—(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council shall not accept a gift if the trusts or conditions attached to it by the donor are inconsistent with or prejudice the objects or functions of the Council.

(3) Information as respects gifts accepted by the Council in any year shall be included in the report referred to in section 30 as respects that year.

33. Fees.

33.—(1) The Council may prescribe the fees to be paid to it and when they fall due in relation to the performance by or on behalf of it of its functions, the provision by or on behalf of it of services (other than a service consisting of the provision of advice or a report, or complying with a direction of the Minister) and the carrying on by or on behalf of it of activities.

(2) Without prejudice to the generality of subsection (1), the Council may prescribe fees in respect of all or any of the following:

(a) the registration of a person in any register or part of a register maintained by the Council;

(b) the retention of the name of a person and the period of time for which it shall be retained in any register or part of a register maintained by the Council;

(c) the restoration to any register maintained by the Council of the name of any person whose name has been erased or removed pursuant to the provisions of this Act;

(d) the removal of the name of any person from any register or part of a register maintained by the Council on the application of that person;

(e) the entry of additional qualifications of any person in any register maintained by the Council;

(f) the giving to any person of a certificate of registration;

(g) the grant, or renewal of a grant, of a certificate of suitability under Part 9;

(h) any other service that may, from time to time, be provided by or on behalf of the Council.

(3) Where a fee is payable in respect of any matter, the Council, Registrar or any other member of the staff of the Council may refuse to do any act, or permit any act to be done, or to receive any document in respect of which that fee is payable unless the fee is paid.

(4) Without prejudice to the generality of subsection (3), if the fees prescribed under subsection (2)(b) have not been paid by a registered person not less than 3 months after the date on which they have been prescribed as falling due the Council may remove the name of the registered person from all or some of the Parts of the Register or the Register of Veterinary Nurses where he or she is registered as the Council considers appropriate.

PART 4 Registration

34. Establishment of Register of Veterinary Practitioners.

34.—(1) As soon as practicable after the establishment day, but not later than 6 months after that day, the Council shall establish a register to be known as the Register of Veterinary Practitioners, in this Act referred to as the “Register”.

(2) The Council shall publish a notice in not less than 2 daily newspapers circulating in the State, of the establishment of the Register and the date of such establishment.

(3) The Council shall maintain the Register.

(4) The Register shall contain the following parts:

(a) a part consisting of the names and particulars of persons registered under sections 40 to F6[subsections (2),(4)and(6)ofsection 43], and section 44;

(b) a part consisting of names and particulars of persons registered for the purpose of provision of services under

(d) a part consisting of the names and particulars of persons registered as veterinary specialists in specialties standing prescribed under section 46.

(5) A person shall be registered by entering in the appropriate part of the Register—

(a) his or her full name and address,

(b) where appropriate, the educational qualifications of the person,

(c) in case the registration is under F6[section 43(9), or where appropriate undersection 44], the date on which the registration is to expire,

(d) in case the registration is under section 45, the date on which the registration is to expire and any condition attached to it,

(e) where appropriate, confirmation of compliance with conditions prescribed under section 52 that apply,

(f) such other particulars (if any) as may be prescribed.

35. General matters relating to registration.

35.—As soon as possible after the Council has registered a person's name, it shall send a certificate, in this Act referred to as a “certificate of registration”, to that person, stating that the person is registered and specifying the part of the Register in which he or she is registered and any conditions attaching to the registration.

36. Transitional provisions relating to Register.

36.—(1) In this Act “former Register” means the Register of Veterinary Surgeons for Ireland prepared and established under section 24(1) of the Veterinary Surgeons Act 1931.

(2) The former Register shall continue in force, notwithstanding the repeal of section 24 of the Veterinary Surgeons Act 1931, until the establishment of the Register under section 34(1).

37. Publication of Register.

37.—(1) Subject to subsections (3) and (4), the Council shall cause to be printed and published an extract from the Register maintained by it, at intervals of not more than 12 months.

(2) The Register shall be kept at the offices of the Council and, subject to the payment of such fees as may be fixed under section 33—

(a) it shall be made available for inspection by any person, in whole or in part, at such times and such manner as may be prescribed by the Council, and

(b) where a request is made by any person to the Registrar for a certified or uncertified copy of or extract from, an entry in the Register, the Registrar shall provide a copy of the entry or extract to such person.

(3) Where the Council prints and publishes the Register by electronic means, it shall do so in relation to the current version of it where practicable.

(4) For the purposes of subsection (1)—

“extract from the Register” in relation to the particulars of each person registered on the Register, includes—

(a) his or her name,

(b) the date on which he or she was registered,

(d) the identification number issued to that person by the Council for the purposes of his or her registration, and

(e) any condition attached by the Council under subparagraph (ii) or (iii) of section 80(1)(c).

38. Evidence of Register.

38.—(1) Evidence of the Register or any part of it may be given in any proceedings by the production of a copy of the Register or that part of it bearing a certificate signed by the Registrar or a person authorised by him or her in that behalf stating that the copy is a true copy of the Register or part of it.

(2) A certificate purporting to be a certificate under subsection (1) shall be taken to be such a certificate and to have been duly signed by the person purporting to have signed it (and, in the case of such a certificate purporting to have been signed, in accordance with the authorisation), unless the contrary is shown.

39. Granting of titles.

39.—Where the Council is of opinion that any branch of practice of veterinary medicine (including a specialty standing prescribed by the Council under section 46) has become so distinctive that it would be for the convenience of the public or of the veterinary profession that veterinary practitioners who are qualified to practise in that branch of veterinary medicine should use a distinctive title, the Council may, by regulations, provide for appropriate titles to be given to and used by such practitioners and the conditions under which such titles may be used.

40. Persons registered in former Register.

40.—The Council shall register as a veterinary practitioner a person whose name is entered in the former Register on the date that the Register is established.

41. Persons entitled to be registered in former Register.

41.—The Council shall register as a veterinary practitioner a person who, at a time during the 6 months before the day on which the Register is established, satisfied the former Council or the Council, as appropriate, that he or she is entitled to be registered on the former Register, but who was not so registered.

42. Persons trained in the State.

42.—(1) The Council, on application to it in that behalf in writing by a person to whom subsection (2) applies, in accordance with regulations under section 52(1), and, on payment to it of the fee prescribed under section 33, shall register the person as a veterinary practitioner.

(2) This subsection applies to a person who—

(a) has undergone programmes of training and education, and acquired educational qualifications prescribed under section 65,

(b) is of good character and repute and is not an undischarged bankrupt,

(c) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(d) is not prohibited from practising or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(3) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(4) A person who receives a notification under subsection (3) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(5) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

(b) an order remitting the application for registration with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

43. F7[Mutual recognition — veterinary practitioners.

43.—(1) The Council, when exercising its functions undersection 13(2)(d)andPart 6, shall satisfy itself that Articles 21(6) and 38 of the Mutual Recognition Directive have been complied with by a provider of a programme of education in the State.

(2) The Council on application to it in that behalf in writing by a person to whomsubsection (3)applies, in accordance with regulations undersection 52(1), and on payment to it of the fee prescribed undersection 33, shall register the person as a veterinary practitioner.

(3) This subsection applies to a person who shows to the satisfaction of the Council that he or she—

(a) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine—

(i) awarded in accordance with Article 21(1) of the Mutual Recognition Directive, or

(ii) referred to in Article 23(1), (2), (3), (4), (5) or (6) or Article 39 of the Mutual Recognition Directive where the certification required by those Articles has been given by the competent authority of the home relevant State,

(b) is a citizen of the State or a relevant State,

(d) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising, or suspended from the practice of, veterinary medicine either underPart 7or provisions corresponding to those contained in that Part that apply in another state, by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(4) The Council, on application to it in that behalf in writing by a person to whomsubsection (5)applies, in accordance with regulations undersection 52(1), and on payment to it of the fee prescribed undersection 33, shall register the person as a veterinary practitioner.

(5) This subsection applies to a person who shows to the satisfaction of the Council that he or she—

(a) holds a diploma, or certificate, or as regards whom there is evidence of formal qualification as, a veterinary practitioner granted by the competent authority of a third country where the diploma, certificate or other evidence had been recognised by a relevant State for the purpose of the practice of veterinary medicine in that State,

(b) has a minimum of 3 years professional experience as a veterinary practitioner in the relevant State referred to inparagraph (a),

(d) is of good character and repute and is not an undischarged bankrupt,

(e) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(f) is not prohibited from practising, or suspended from the practice of, veterinary medicine, either underPart 7or provisions corresponding to those contained in that Part that apply in another state, by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(6) The Council, on application to it in that behalf in writing by a person to whomsubsection (7)applies, in accordance with regulations made undersection 52(1)and on payment of the fee prescribed undersection 33, shall register the person as a veterinary practitioner.

(7) This subsection applies to a veterinary practitioner who comes within the scope of Article 10 of the Mutual Recognition Directive and who shows to the satisfaction of the Council that he or she—

(a) has complied with Article 13 of the Mutual Recognition Directive,

(b) is a citizen of the State or a relevant State,

(d) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(8)Parts 1and2ofSchedule 3apply to applications made undersubsections (2),(4)and(6).

(9) Where a person who is legally established as a veterinary practitioner in a relevant State and who—

(a) wishes to provide veterinary services within the limits and under the conditions laid down in Article 5 of the Mutual Recognition Directive, and

(b) furnishes—

(i) a prior declaration of his or her intention to provide services in accordance with Article 7 of the Mutual Recognition Directive in the manner prescribed,

(ii) a certificate from the competent authority of the relevant State where the applicant is established, which confirms such establishment and that he or she is lawfully entitled to practise as a veterinary practitioner in that State,

(iii) a copy of his or her qualification or a statement from the competent authority of the home relevant State that the applicant holds a diploma, certificate or other evidence of formal qualifications as a veterinary practitioner,F8[…]

(iv) proof of nationality,F9[and]

F9[(v) a declaration of his or her knowledge of the English language necessary for practising as a veterinary practitioner,]

and the documents referred to in this paragraph are in order,

the Council shall register that person as a veterinary practitioner for a period not exceeding 12 months.

(10) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to insubsection (9), it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person complies withparagraphs (a)and(b)ofsubsection (9).

(11)Parts 1and3ofSchedule 3apply to applications made undersubsections (9)and(10).

(12) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(13) A person who receives a notification undersubsection (12)may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(14) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

(b) an order remitting the application for registration with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or

(15) In this section—

"competent authority" means—

(a) in relation to a relevant State, the authority designated in accordance with Article 56(3) of the Mutual Recognition Directive, and

(b) in relation to the State, the Council;

"home relevant State" in relation to a veterinary practitioner, means the relevant State in which he or she acquired his or her diploma, certificate or other evidence of formal qualification or where he or she is registered as a veterinary practitioner;

F10["Mutual Recognition Directive" means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005^2, as amended by Council Directive 2006/100/EC of 20 November 2006^3, Commission Regulation (EC) No. 1430/2007 of 5 December 2007^4, Commission Regulation (EC) No. 755/2008 of 31 July 2008^5, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008^6, Commission Regulation (EC) No. 279/2009 of 6 April 2009^7, Commission Regulation (EU) No. 213/2011 of 3 March 2011^8, the Act concerning the conditions of accession of the Republic of Croatia^9, Commission Regulation (EU) No. 623/2012 of 11 July 2012^10and Council Directive 2013/25/EU of 13 May 2013.]

"relevant State" means—

(a) another Member State,

(b) a state that is a contracting state to the EEA agreement (within the meaning of theEuropean Communities (Amendment) Act 1993), or

"third country" means a country that is not a relevant State or the State;

"veterinary practitioner" has the same meaning as‘veterinary surgeon’in the Mutual Recognition Directive.

(16) A word or expression that is used in this section and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this section, as it has in that Directive.]

44. Registration of person who would not otherwise qualify for registration under sections 40 to 43.

44.—(1) The Council, on application to it in writing in that behalf by a person to whom subsection (2) applies, in accordance with regulations under section 52(1), and on payment to it of the fee prescribed under section 33, shall register the person as a veterinary practitioner.

F11[(1A) Registration of a person undersubsection (1)may be for such period as decided by the Council.]

(2) This subsection applies to a person who—

(a) does not qualify for registration under section 40, 41, 42 or 43,

(b) subject to subsection (8), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary medicine in a state outside of the State that, in the opinion of the Council, are of a standard that is not lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary medicine,

(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purpose of the practice of veterinary medicine in the State,

(d) is of good character and repute and is not an undischarged bankrupt,

(e) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

F12[(f) is not prohibited from practising, or suspended from the practice of, veterinary medicine, either underPart 7or provisions corresponding to those contained in that Part in force in another state, by reason of—

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.]

(3) Registration of a person under this section may, if the Council decides that it is appropriate to do so, be subject to a condition that the practice of veterinary medicine by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.

(4) If the Council decides that a person who applies to it for registration under this section should not be so registered or, to impose a condition as respects supervision under subsection (3), it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(5) A person who receives a notification under subsection (4) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(6) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration, or imposition of the condition as respects supervision concerned,

(b) an order remitting the application for registration or decision to impose the condition, with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or

(7) Nothing in this section shall prevent the Council from exercising its functions pursuant to section 13(2)(m).

(8) In order that the Council may be satisfied that the standard that applies to the programmes of education and training undergone, examinations passed and qualifications obtained is not of a standard that is lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary medicine, it may require a person to whom subsection (2) applies, to sit and pass an examination set by or on behalf of the Council in that regard.

45. Limited registration.

45.—(1) Notwithstanding any provision of this Act, subject to subsection (4), and, on satisfying itself of the need to effect registration under this section for any of the purposes specified in subsection (2), the Council, on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52(1), and, on payment to it of the fee prescribed under section 33, shall register a person as a veterinary practitioner with limited registration (in this Act referred to as “limited registration”).

(2) The Council shall be satisfied that the person making the application is required—

(a) to participate in a disease eradication programme, or

(b) to participate in the provision of approved programmes of education or further education.

(3) This subsection applies to a person who—

(a) satisfies the Council that he or she has the requisite knowledge and skill for the purposes of subsection (2),

(b) is of good character and repute and is not an undischarged bankrupt,

(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purposes of paragraph (a) or (b) of subsection (2), as appropriate,

(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising or suspended from practice of, veterinary medicine, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with carrying out of professional duties as a veterinary practitioner.

(4) Limited registration of a person may be made subject to such conditions as the Council considers it appropriate to impose including conditions specifying—

(a) the duration of such registration,

(b) the places where the person may practise veterinary medicine,

(d) attendance at a specified programme of further education following such registration,

(e) supervision of the practice of veterinary medicine by the person by specified veterinary practitioners for specified periods of time after the registration of the person under this section.

(5) The Council may amend conditions imposed under subsection (4) during the period of registration under this section where it is of opinion that it is appropriate to do so.

(6) The Council shall enter any conditions imposed under subsection (4), or any amendments to them, in the Register and in the certificate of registration that is issued to the person concerned.

(7) A person who is registered under this section shall not put themselves forward for election, and shall not vote in respect of an election of members to the Council unless the person has been so registered for not less than 3 consecutive years.

(8) If the Council decides that a person who applies to it for limited registration should not be so registered, or that the person should be so registered subject to conditions, or that the conditions imposed under subsection (4) should be amended, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(9) A person who receives a notification under subsection (8) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(10) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for limited registration concerned or to amend any conditions subject to which a person has been registered,

(b) an order remitting the application for limited registration or the decision to impose conditions or to amend conditions imposed by the Council in relation to such registration, with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

(11) For the purposes of subsection (2)(a) “disease eradication programme” means measures operated by or on behalf of a Minister to prevent, reduce the risk of, control or eradicate a disease (being a disease within the meaning of section 2 of the Diseases of Animals Act 1966).

46. Registration of veterinary specialists.

46.—(1) That part of the Register referred to in section 34(4)(d) shall contain a part in respect of each specialty in veterinary medicine standing prescribed by the Council under subsection (2).

(2) Subject to subsection (5), the Council shall prescribe—

(a) the specialties in veterinary medicine that it recognises,

(b) in relation to each such specialty, the titles and qualifications in the specialty that are required to enable a person to be or continue to be registered,

(c) in relation to each such specialty, the body that the Council recognises for the purposes of providing the specialist training and showing to the satisfaction of the Council that such specialist training has been completed by the person concerned in a manner approved by the body.

(3) The Council may withdraw recognition from any body recognised by it under subsection (2).

(4) The specialties in veterinary medicine that may be prescribed under subsection (2) shall include such specialties as may be designated for the purpose of giving effect to—

(a) any provision to the Treaties governing the European Communities,

(b) any regulation, directive or other act adopted by an institution of the European Communities, or

(5) The Council shall seek and consider recommendations from the Education Committee and any other person that it considers appropriate before prescribing specialties and other matters that it considers appropriate under subsection (2).

47. Persons entitled to be registered as veterinary specialists.

47.—(1) The Council, on application to it in writing by a person referred to in subsection (2), in accordance with regulations under section 52(1) and on payment of the appropriate fee prescribed under section 33, shall register the person in the part of the Register that relates to veterinary specialists.

(2) This subsection applies to a person who—

(a) is registered in a part of the Register referred to in section 34(4)(a),

(b) complies with matters prescribed under section 46(2) that apply to him or her,

(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising or suspended from practice of, veterinary medicine, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(5) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

(b) an order remitting the application for registration with or without directions to the Council, for reconsideration and the making of a new decision in relation to it, or

48. Removal of name from Register as veterinary specialist.

48.—The name of a person shall be removed from the part of the Register referred to in section 34(4)(d) if the name of the person is removed from any part of the Register referred to in section 34(4)(a).

49. Application for removal of name from relevant register.

49.—(1) A registered person, may apply to the Council to have his or her name removed from the part of the Register or the Register of Veterinary Nurses, as the case may be, in which his or her name is registered and, on receipt of such application and on payment of the appropriate fee prescribed under section 33, the Council may remove the name from the part of the Register or the Register of Veterinary Nurses.

(2) A person, whose name has been removed from the Register or the Register of Veterinary Nurses under subsection (1) may, at any time, apply to the Council to have his or her name restored to either of them as appropriate and, subject to the provisions of this Act and on payment of the appropriate fee fixed under section 33, the Council may restore the name of that person to the part of the Register or the Register of Veterinary Nurses from which it has been removed.

(3) Nothing in this section shall operate to prevent the Council from refusing to restore to a part of the Register or the Register of Veterinary Nurses the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of veterinary medicine or veterinary nursing, as the case may be.

(4) In a case where a registered person applies to the Council under subsection (1) to have his or her name removed from a part of the Register or the Register of Veterinary Nurses, the Council shall not consider the application until it has decided whether or not to so remove the name where—

(a) an application has been made under Part 7 for an inquiry into the conduct of the registered person,

(b) he or she has been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practice veterinary medicine, or

(c) he or she has been prohibited from practising or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner or a veterinary nurse, as appropriate.

(5) If the Council decides to refuse to restore the name of a person under subsection (3) or to postpone the consideration of an application under subsection (4), it shall notify the person or the registered person, as appropriate, in writing, as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(6) A person who receives a notification under subsection (5), may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(7) On the hearing of an appeal under this section, the High Court may make—

(a) an order affirming or setting aside any decision of the Council relating to the application for removal or restoration concerned,

(b) an order remitting the application for removal or restoration, as appropriate, with or without directions, to the Council for reconsideration and the making of a new decision in relation to it, or

50. Registration of additional qualifications.

50.—(1) The Council, on application to it in writing by a registered person in accordance with regulations made under section 52, and, on payment of the fee prescribed under section 33, may if appropriate, enter additional qualifications in the entry in the Register or the Register of Veterinary Nurses as appropriate, relating to the registered person.

(2) The Council shall determine the additional qualifications that may be entered in the Register or the Register of Veterinary Nurses under subsection (1).

(3) Whenever, on an application by a registered person, the Council decides to enter in the Register or the Register of Veterinary Nurses, pursuant to this section, any additional qualification in respect of him or her, the Council, as soon as may be after the registration has been completed, shall send to that registered person a certificate stating that such additional qualification has been entered in the Register or the Register of Veterinary Nurses.

(4) In this section, “additional qualifications” means qualifications other than those acquired by the registered person and furnished to the Council for the purpose of having his or her name entered in any part of the Register or the Register of Veterinary Nurses.

51. Correction of registers.

51.—In respect of the Register and the Register of Veterinary Nurses, the Council shall—

(a) correct all errors in either of them,

(b) remove from either of them entries procured by fraud or misrepresentation,

(c) enter in either of them changes in the descriptions or addresses of the persons registered in the register concerned, and

(d) remove from either of them the names of persons whose deaths have come to the knowledge of the Council.

52. Regulations under Part 4.

52.—(1) The Council shall make regulations in relation to an application for registration under this Part or Part 8, for the purpose of enabling those parts to have full effect.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may relate to—

(a) the particulars to be given to the Council by persons applying for such registration,

(b) the forms to be used for the purposes of applications for the said registration,

(d) the periods of time to be given to the Council to consider such an application for registration and, if appropriate, to be given to a person applying for such registration in the event that the Council requests further information in relation to a specified matter, and

(e) any other matters that the Council considers appropriate.

PART 5 Practice of Veterinary Medicine

53. Definition of the practice of veterinary medicine.

53.—(1) In this Act, the practice of veterinary medicine means any one of the following—

(a) in relation to an animal—

(i) diagnosing disease, injury, pain, deformity, defect or state of health,

(ii) identifying and carrying out treatment, whether surgical or medical in nature, of any matter referred to in subparagraph (i),

(iii) performing a surgical procedure,

(iv) giving advice, following an action referred to in subparagraph (i), (ii) or (iii) as to care required,

(v) furnishing a written certificate as to the doing of any action referred to in subparagraph (i), (ii), (iii) or (iv),

(b) in relation to an animal or products of animal origin, performing such functions as may be conferred on veterinary practitioners from time to time by the Minister for the purpose of giving effect to—

(i) any provision of the Treaties governing the European Communities,

(ii) any regulation, directive or other act adopted by an institution of the European Communities, or

(iii) a judgement of the European Court of Justice,

relating to certification on live animals or products of animal origin,

(c) in relation to an animal remedy, performing a function conferred on a registered person by or under any enactment, whether passed before or after the passing of this Act.

(2) In subsection (1)(a)(i), “diagnosing” includes the following:

(a) diagnosing the cause of death of an animal; and

(b) examining the reproductive organs of a mare via the rectum.

54. Offences in relation to practice of veterinary medicine or use of title.

54.—(1) Subject to sections F13[54A,] 55 and 59 a person, other than a veterinary practitioner, shall not—

(a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary medicine,

(b) use the title or description that would give the impression that he or she is registered under Part 4, such as “veterinary surgeon”, “veterinary specialist”, “veterinary practitioner” or “veterinarian” or any abbreviation or derivative of them, either alone or in connection with any other title or description, or

(2) A body corporate shall not—

(a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary medicine,

(b) represent itself as registered on the Register, or

(c) represent itself as prepared to do or perform any act matter or thing the doing or performance of which constitutes part of the practice of veterinary medicine.

(3) Subject to F14[sections 54Aand55] where a person who is not a registered person treats, by the practice of veterinary medicine, whether for reward or otherwise, an animal the property of another person, he or she shall be taken to have represented that he or she is a registered person.

(4) A person who contravenes subsection (1) or (2) is guilty of an offence.

54A. F15[Power of Minister to prescribe procedures that may be carried out by non-registered persons.

54A.—(1) Subject tosection 54B, the Minister may prescribe procedures (including, where appropriate, the nature and extent of a procedure) in relation to or connected with the practice of veterinary medicine that may, notwithstandingsections 54and55, be carried out by a non-registered person on or in relation to an animal.

(2) Without prejudice to the generality ofsubsection (1), regulations under this section may require a non-registered person, before carrying out any procedure prescribed undersubsection (1), to do all or any of the following:

(a) to undertake, or to have undertaken, specified training before carrying out a prescribed procedure;

(b) to have, or to acquire, and to maintain specified skills or competence before carrying out a prescribed procedure;

(c) to be a member of a prescribed body when carrying out a prescribed procedure and to adhere to any code of practice of that body;

(d) in specified circumstances, to consult a person registered underPart 4before carrying out a prescribed procedure;

(e) to have and maintain a policy of indemnity insurance as specified in the regulations;

(f) to maintain records in relation to prescribed matters;

(g) to comply with any other prescribed conditions.

(3) Before making regulations under this section the Minister shall consult with the Council.

(4) In this section "non-registered person" means a person who is not a registered person.]

54B. F16[Considerations applicable to exercise of power conferred by section 54A.

54B.—(1) Before deciding to prescribe a procedure undersection 54A(1), the Minister shall have regard to the following considerations:

(a) whether the nature of the procedure is such that it is reasonable to expect that a non-registered person with appropriate skills and experience would be able to carry it out;

(b) whether the procedure is surgical to an extent that it would require the skills of a registered person;

(c) whether the carrying out of the procedure by a non-registered person would be likely to cause a significant risk to the health or welfare of an animal;

(d) whether the carrying out of the procedure by a non-registered person would be likely to cause a significant risk to the health or safety of the person;

(e) whether the procedure relates to a condition in an animal which would be likely to cause a significant risk to human health.

(2) Insubsection (1)"non-registered person" means a person who is not a registered person.]

54C. F17[Offences — regulations under section 54A.

54C.—A person who contravenes or fails to comply with regulations made undersection 54Acommits an offence.]

55. Emergency and exceptions to section 54.

55.—(1) A registered person may administer first aid or medical assistance to an animal in an emergency, without obtaining the consent of the owner of the animal.

(2) Subject to any matters prescribed under section 59, a person who is not a registered person may, in an emergency in relation to an animal, save where otherwise prohibited by law, and notwithstanding section 54(1), carry out such treatment or procedure or administer such an animal remedy as he or she considers necessary, having due regard to the welfare of the animal, where a registered person is not available within a reasonable period of time.

(3) Save where otherwise prohibited by law, and notwithstanding anything in this Act, a farmer who is not a registered person, or an employee of the farmer acting in the course of his or her duties who is not a registered person may carry out a treatment or procedure on, or administer an animal remedy to, an animal owned by the farmer provided that carrying out the treatment or procedure on, or administering the animal remedy to, the animal is incidental to the usual care and management of that animal.

(4) For the purposes of subsection (3), “employee of the farmer” means a person employed by the farmer for at least 2 of the 4 months prior to the treatment or procedure being carried out or the animal remedy being administered.

(5) The Minister may, by regulations, exclude from the application of subsection (3) specified treatments or animal remedies.

(6) (a) Subject to paragraph (b), notwithstanding anything in this Act, a student of veterinary medicine may do or perform an act matter or thing the doing or performance of which forms part of the practice of veterinary medicine.

(b) The student of veterinary medicine referred to at paragraph (a) shall do or perform the act matter or thing if—

(i) it is required to be done or performed as part of the approved programme of education in which the student is participating,

(ii) it is done or performed under the direct supervision and in the presence of a veterinary practitioner, and

(iii) the act matter or thing is, in the opinion of the person providing that approved programme of education and the veterinary practitioner, appropriate to the knowledge, skill and competence of the student.

(7) In subsection (6) “student of veterinary medicine” means a person who has duly enrolled in, commenced and is participating in an approved programme of education.

56. Registered persons not to use incorrect title.

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