Veterinary Practice Act 2005

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;

(c) to establish, publish, maintain and review codes of professional conduct for persons registered under Part 4 or 8;

(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;

(c) one person who is not eligible to be so registered, but who performs functions relating to animal welfare;

(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.