Veterinary Practice Act 2005

Type Act

Publication 2005-07-12

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 146

56.—A registered person shall not take or use, or affix to or use in connection with his or her veterinary premises, any title or description that does, or could, reasonably mislead a third party into the opinion that the person possesses a qualification or professional status other than the qualification or professional status relating to that person, the details of which are registered on the Register.

57. Offence for a registered person to employ a nonregistered person.

57.—(1) F18[Subject tosection 54A,] a registered person (or an agent or employee acting on his or her behalf) shall not employ a person who is not a registered person, to engage in the practice of veterinary medicine on behalf of the registered person.

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

58. Recovery of fees.

58.— A person who fails to comply with subsection (1) or (2) of section 54, section 56, 57(1) or 59(4) shall not be entitled to charge or recover fees or outlays for veterinary services that he or she provides by engaging in the practice of veterinary medicine while failing to comply with the section concerned.

59. Regulations to provide for practice of veterinary medicine by non-registered persons.

59.—(1) Notwithstanding section 54 and following consultation with the Council, the Minister may, by regulations, provide that a person who is not a registered person may, in treating an animal in an emergency, carry out a procedure that comes within the definition of the practice of veterinary medicine.

(2) The regulations referred to in subsection (1), may provide that any procedure specified in the regulations shall be performed in compliance with conditions so specified, which conditions may be inserted for the purposes of—

(a) giving full effect in the State to any—

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

(ii) regulation, directive or other act adopted by an institution of those Communities, or

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

that relates to the practice of veterinary medicine,

(b) maintaining and improving standards of animal health and welfare in the State,

(d) ensuring the adequate provision of veterinary services in the State.

(3) Every regulation made by the Minister under subsection (1) or section F19[54Aor]55(5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(4) A person who is not a registered person may not carry out a procedure prescribed under subsection (1) unless he or she complies with such conditions as may be specified under subsection (2).

(5) A person who contravenes subsection (4) is guilty of an offence.

59A. F20[Indemnity insurance.

59A.—(1) The Council may, with the consent of the Minister, make regulations (referred to in this section as "indemnity regulations")—

(a) specifying circumstances in which there shall be in place indemnity insurance against losses arising from claims in respect of civil liability incurred by a registered person arising from the practice of veterinary medicine, and

(b) otherwise making provision with respect to such indemnity insurance.

(2) Without prejudice to the generality ofsubsection (1), indemnity regulations may—

(a) prescribe specific types of veterinary medicine for which indemnity insurance is mandatory,

(b) require a registered person to effect and maintain a policy of indemnity insurance where he or she practises a specified type of veterinary medicine,

(c) specify circumstances in which a registered person or type of veterinary medicine may be exempted from the indemnity regulations,

(d) enable the Council to take such steps as it considers necessary or expedient to ascertain whether or not the indemnity regulations are being complied with,

(e) specify the manner in which a registered person shall bring their compliance with, or exemption from, the indemnity regulations to the notice of clients, or the Council, and

(f) include incidental, procedural or supplementary provisions in relation to any of the matters set out inparagraphs (a)to(e).

(3) Indemnity regulations do not apply to a registered person in so far as the registered person is, for the time being, acting as an officer or employee of, or under contract to, or otherwise with the authorisation of, a Minister of the Government, a local authority or a body established by or under statute (other than a company established under the Companies Acts).]

60. Penalties for offences under Part 5.

60.—(1) Subject to subsection (2), a person guilty of an offence under section 54, F21[54A,] 57 or 59 is liable—

F22[(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both,]

(b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000, or to imprisonment for a term not exceeding 5 years, or to both,

(ii) in the case of a second or subsequent offence under the section concerned, to a fine not exceeding €320,000, or to imprisonment for a term not exceeding 10 years, or to both.

(2) Unless it is satisfied that there are special and substantial reasons for not so doing, the court shall order a person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of an offence under this Part, where the person is convicted of the offence.

PART 6 Veterinary Education and Training

61. Interpretation (Part 6).

61.—In this Part except where the context otherwise requires—

“approved”, in relation to a programme of education or further education, means approved by the Council under section 64;

“management” includes—

(a) administration of business and financial concerns,

(b) budgeting,

(d) establishment and application of standards of professional ethics in relation to the practice of veterinary medicine or veterinary nursing;

“programme of education” means a programme of study of and training that relates to veterinary medicine or veterinary nursing;

“programme of further education” means a programme of further education or training for registered persons that relates to veterinary medicine or veterinary nursing or to management of a veterinary practice or veterinary nursing practice, and is intended to develop the professional knowledge, skills and abilities of the person in relation to veterinary medicine or veterinary nursing;

“provider of education” means a person who provides or proposes to provide a programme of education or a programme of further education.

62. Education Committee.

62.—(1) The Council shall establish a committee which shall be known as the Veterinary Education and Training Committee, and is referred to in this Act as the “Education Committee”.

(2) The Education Committee shall consist of no fewer than 8 and no more than 11 members of the Council, who shall be appointed by the Council, and shall include the following;

(a) the member of the Council who was appointed to be such member under section 16(1)(a);

(b) one of the members of the Council who was appointed to be such member under section 16(1)(b);

(d) each member of the Council who was appointed to be such member under section 16(1)(e);

(e) two of the members of the Council who were appointed to be such members under section 16(1)(h);

(f) the member of the Council who was appointed to be such member under section 16(1)(i);

(3) Subject to subsection (4), the Council shall not appoint members of the Education Committee until the Minister has appointed to the Council those members who are so appointed pursuant to section 18(5).

(4) The appointment by the Council of members of the Education Committee shall be made not later than 6 months after the appointment of the members of the Council pursuant to section 18(5).

(5) Subject to this Act, the Council, when appointing each member of the Education Committee, shall specify that his or her term of office as a member of that Committee shall not exceed 4 years and in any event shall not exceed his or her term of office as a member of the Council.

(6) Schedule 4 applies to the Education Committee.

63. Functions of Education Committee.

63.—(1) The Education Committee shall advise the Council in relation to the performance of its functions under paragraphs (d), (j) and (m) of section 13(2).

(2) Without prejudice to the generality of subsection (1), the Education Committee shall—

(a) (i) subject to subsection (5), whenever so requested by the Council, but in any event, not less frequently than every 10 years—

(I) review the standards of knowledge, skill and competence and the qualifications required for the purpose of registration under Part 4 or 8 and the maintenance of such registration,

(II) review programmes of education that have been approved by the Council or in respect of which providers of education are seeking approval from the Council,

(ii) as soon as may be following such a review, furnish a report to the Council of the results and findings of that review and include in the report such recommendations (if any) to the Council as it considers appropriate arising from that review,

(iii) furnish a copy of so much of a report under subparagraph (ii) as consists of recommendations to any provider of education who, in the opinion of the Committee, is affected by it,

(b) ensure that a review under paragraph (a) has regard to any minimum standards in relation to knowledge, skill, competency and qualifications in veterinary medicine or veterinary nursing and practice laid down in a directive, regulation or other act adopted by an institution of the Europear Communities or in a judgment of the Court of Justice,

(c) make recommendations to the Council in relation to participation in and approval of programmes of further education, and the qualifications to be obtained from them,

(d) whenever requested by the Council, but not less frequently than once every 10 years, draw up and promote, on behalf of the Council, programmes of further education—

(i) to be undertaken by a registered person,

(ii) which may be undertaken by a registered person,

(e) make recommendations to the Council in relation to the recognition by it of degrees or other academic awards granted to registered persons who have satisfactorily completed programmes of further education,

(f) where appropriate, on behalf of the Council, appoint examiners or hold or supervise examinations of persons who have completed programmes of further education,

(g) make recommendations to the Council as regards standards required for recognition by the Council of qualifications obtained from programmes of education obtained outside of the State by persons applying for registration under Part 4 or 8, and programmes of further education obtained outside of the State by registered persons,

(h) make recommendations to the Council in relation to the specialties in veterinary medicine that it may prescribe under section 46(2),

(i) make recommendations to the Council in relation to knowledge and skill required in order that a person may be registered as a veterinary practitioner with limited registration,

(j) perform such other functions in relation to veterinary education and training and programmes of education as may be conferred on it by the Council.

(3) (a) Any delegation of functions of the Council to the Education Committee does not relieve the Council of responsibility for the performance of the function.

(b) A decision of the Education Committee is subject to confirmation by the Council.

(4) In reaching a decision to make a recommendation to the Council under this section, the Education Committee may take advice from such experts as it considers appropriate, in relation to veterinary medicine and education, higher and further education, management or any other matter that it considers appropriate.

(5) The first reviews under clauses (I) and (II) of subparagraph (i) of paragraph (a) of subsection (2) shall be carried out by the Education Committee, and reports in relation to those reviews pursuant to subparagraph (ii) of that paragraph, shall be furnished by the Committee to the Council not later than 5 years after the establishment day.

(6) In order to assist it in the performance of its functions under this Part, the Education Committee may appoint persons—

(a) to visit providers of education or further education,

(b) during the course of such a visit to inspect matters such as staffing, examinations and procedures for examinations, courses of study, accommodation and equipment, and

64. Approval of programme of education.

64.—(1) Where the Council, on application to it in that behalf, is satisfied that a programme of education or further education will provide a person with knowledge, skill, competence and a qualification to enable the person to be registered under Part 4 or 8 or continue to be so registered, it may, subject to such conditions as it thinks fit having regard to its functions under this Act, approve of the programme of education or further education.

(2) An application under subsection (1) may be made by a provider of education in relation to a programme of education or further education that he or she provides or proposes to provide.

65. Prescription of educational qualifications for registration.

65.—(1) The Council shall from time to time, prescribe the educational qualifications required to be obtained by a person before he or she is registered under Part 4 or 8.

(2) Before prescribing educational qualifications under subsection (1), the Council shall consider any relevant report and recommendations furnished to it by the Education Committee under section 63.

(3) The educational qualifications prescribed under subsection (1) shall include the qualifications awarded on completion of an approved programme of education.

(4) The Council shall by regulations, if so directed by the Minister, amend in such manner as the direction may specify, or revoke any regulations made under this section including this subsection.

(5) (a) Where the Council proposes to make regulations that the Council considers will improve the standards of veterinary education and is of opinion that the regulations would affect a provider of education, it shall notify the provider in writing of the proposal, the reasons for it, and of the relevant provisions of the proposed regulations.

(b) The notification under paragraph (a), shall state that the provider concerned may make representations to the Council in relation to the proposal not later than one month after the date of the notification.

(c) This subsection and subsections (6) to (10) shall not apply in respect of regulations directed by the Minister under subsection (4) to be made.

(6) If, after the expiration of one month from the date of a notification under subsection (5)(a), and having considered any representations made to it under that subsection, the Council decides to make the regulations concerned, it shall notify the provider of education concerned that it proposes to make the regulations, whether with or without provisions giving effect to any of the representations and, subject to any application under subsection (7), not earlier than 21 days after the date of the notification, it may make the regulations at any time after that date whether with or without such provisions as aforesaid.

(7) Where a provider of education receives a notification under subsection (5), the Circuit Court, on application to it in that behalf by the provider not later than 21 days from the date of the notification, may make—

(a) an order authorising the making of the regulations concerned,

(b) an order authorising the making of the regulations concerned subject to the inclusion or deletion of specified provisions or the making of specified amendments to the proposed provisions of the regulations,

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

(d) an order prohibiting the making of the regulations, or

(e) any other order that it considers appropriate.

(8) The decision of the Circuit Court on an application under this section shall be final, save that, by leave of that Court or the High Court, an appeal by the Council or the provider of education concerned, from the decision, shall lie to the High Court on a question of law.

(9) Subsections (5), (6) and (7) shall apply with any necessary modifications to a new decision to make regulations under subsection (7)(c).

(10) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit where the provider of education concerned ordinarily resides or carries on any profession, business or occupation.

66. Regulations in relation to programmes of further education.

66.—(1) Whenever the Council considers that standards of knowledge in veterinary medicine or veterinary nursing would be improved by prescribing programmes of further education it shall, with the consent of the Minister, make regulations accordingly.

(2) For the purposes of subsection (1) the Council shall consider any relevant recommendations furnished to it by the Education Committee under section 63.

(3) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide for the following—

(a) a requirement to participate in approved programmes of further education,

(b) the qualifications to be awarded, and by whom, on completion of a programme of further education and passing any examination provided for in the programme,

(4) If the Council considers that it is appropriate to do so, it may prescribe under subsection (1) that it shall be a condition of the registration on the Register, or the Register of Veterinary Nurses (as the case may be) or the continuance of registration on the register concerned, of persons, that they comply with regulations or specified regulations under that subsection.

(5) The Council shall, if so directed by the Minister, amend in such manner as the direction may specify or revoke regulations made under this section, including under this subsection.

(6) (a) For the purposes of this section, where it proposes to make regulations under this section which would, in the opinion of the Council affect a provider of further education, then paragraphs (a) and (b) of subsection (5) of section 65 and subsections (6) to (10) of that section shall apply as if the reference in the said subsection (5) to improve the standards of veterinary education were a reference to improve programmes of further education and a reference to a provider of education were a reference to a provider of further education and with any further necessary modifications.

(b) Paragraph (a) does not apply in respect of regulations directed by the Minister under subsection (5) to be made.

67. Persons in programmes of education and programmes of further education.

67.—(1) Before the Council makes regulations under section 65 or 66 it shall consult with such classes of person or representatives of such classes as it sees fit and, if it considers it appropriate to do so, shall take their views or submissions into account.

(2) Before the Education Committee furnishes a report under paragraph (a)(ii) of section 63(2) or makes a recommendation under paragraphs (c), (e), (g), (h) or (i) of that section, it shall consult with such classes of person or representatives of such classes as it sees fit and, if it considers it appropriate to do so, shall take their views or submissions into account.

68. Disclosure of information or interests.

68.—For the purposes of this Part, sections 26 and 27 shall be construed as if, in addition to references in those sections to arrangements or proposed arrangements or contracts or other agreements or proposed contracts or other agreements, they contained, with any necessary modifications, references to reports under paragraph (a)(ii) of section 63(2), recommendations under paragraphs (c), (e), (g), (h) and (i) of section 63(2), approvals under section 64, and prescribing matters under section 65 or 66.

PART 7 Fitness to Practise

69. Interpretation (Part 7).

69.—In this Part except where the context otherwise requires—

“Fitness to Practise Committee” means the Committee established under section 71(1);

“Preliminary Investigation Committee” means the Committee established under section 70(1);

“registered person” has the meaning given to it by section 76(10).

70. Preliminary Investigation Committee.

70.—(1) Subject to sections 72 and 73, the Council shall establish a committee which shall be known as the Preliminary Investigation Committee of the Veterinary Council of Ireland and is referred to in this Act as the “Preliminary Investigation Committee”.

(2) The Preliminary Investigation Committee shall consist of the following persons who shall be appointed by the Council:

(a) not more than 2 members of the Council who are registered or who are eligible to be registered under Part 4 or 8;

(b) not more than 2 members of the Council who are neither registered under Part 4 or 8 nor eligible to be so registered.

(3) A person who is a member of the Preliminary Investigation Committee shall not be a member of the Fitness to Practise Committee at the same time.

(4) Schedule 4 applies to the Preliminary Investigation Committee.

71. Fitness to Practise Committee.

71.—(1) Subject to sections 72 and 73, the Council shall establish a committee which shall be known as the Fitness to Practise Committee of the Veterinary Council of Ireland and is referred to in this Act as the “Fitness to Practise Committee”.

(2) The Fitness to Practise Committee shall consist of the following persons who shall be appointed by the Council:

(a) a person who is either a practising solicitor with not less than 10 years experience nominated for such appointment by the Law Society of Ireland or a practising barrister with not less than 10 years experience nominated for such appointment by the General Council of the Bar of Ireland, who is not, as such solicitor or barrister, in the full-time service of the State and who—

(i) is not a member of the Council,

(ii) is not registered under Part 4 or 8 and is not eligible to be so registered;

(b) not more than 3 members of the Council who are registered, or who are eligible to be registered under Part 4 or 8;

(c) not more than 3 members of the Council who are neither registered under Part 4 or 8 nor eligible to be so registered.

(3) If one of the bodies referred to in subsection (2)(a), being the body chosen by the Council to make the nomination in the paragraph concerned, does not furnish a nomination in writing to the Council within 4 months of the receipt by such body of a request in writing from the Council to do so, the Minister may, no later than 6 months after the appointment of members to the Council under section 18(5), nominate a person to be appointed to the Fitness to Practise Committee whom the Minister considers would be appropriate to be so nominated by either body referred to in subsection (2)(a), and the Council shall appoint that person as a member of the Fitness to Practise Committee.

(4) (a) The person who is appointed as a member of the Fitness to Practise Committee under subsection (2)(a) or (3), as the case may be, shall be the chairperson of that committee.

(b) If the Council considers that it is necessary, having regard to all of its functions under this Act, it may appoint another person pursuant to subsection (2)(a) or (3), as the case may be, who shall be deputy chairperson of the Fitness to Practise Committee.

(d) The chairperson and deputy chairperson may be paid out of moneys provided by the Council, such remuneration and such allowances for expenses as may be agreed between the chairperson and the Council or the deputy chairperson and the Council as the case may be.

(5) A person who is a member of the Fitness to Practise Committee shall not be a member of the Preliminary Investigation Committee at the same time.

(6) Schedule 4 applies to the Fitness to Practise Committee.

(7) In this section “full-time service of the State” in relation to a solicitor, has the meaning given to it in section 54(3) of the Solicitors Act 1954 and, in relation to a barrister, has the meaning given to it in section 43 of that Act.

72. Appointment to Preliminary Investigation Committee or Fitness to Practise Committee.

72.—(1) Subject to subsection (2), the Council shall not appoint members of the Preliminary Investigation Committee pursuant to paragraphs (a) and (b) of section 70(2), or members of the Fitness to Practise Committee pursuant to paragraph (b) and (c) of section 71(2) until the Minister has appointed to the Council those members who are so appointed pursuant to section 18(5).

(2) The appointment by the Council of members to the Preliminary Investigation Committee and Fitness to Practise Committee shall be made no later than 3 months after the appointment of the members of the Council pursuant to section 18(5).

73. Terms of appointment of Preliminary Investigation Committee and Fitness to Practise Committee.

73.—(1) Subject to this Act, the Council, when appointing each member of the Preliminary Investigation Committee and Fitness to Practise Committee, shall specify that his or her term of office as a member of that Committee shall not exceed 4 years and, in any event, (otherwise than in relation to the member of the Fitness to Practise Committee appointed under section 71(2)(a)), shall not exceed his or her term of office as a member of the Council.

(2) Notwithstanding subsection (1), the exercise of its functions in relation to a matter brought before the Preliminary Investigation Committee or Fitness to Practise Committee under this Part, and commenced before its term of appointment comes to an end is not affected because its term of appointment has come to an end, and members of the Preliminary Investigation Committee or Fitness to Practise Committee the term of appointment of which has come to an end, in relation to such a matter, shall, as appropriate to the functions conferred on them by this Part, continue to—

(a) consider an application for an inquiry under section 76,

(b) hold an inquiry under section 78,

(d) make themselves available to a court hearing proceedings under this Part, if required by the court or the Council to do so,

(e) perform any other functions conferred on them under this Act.

74. Fitness to Practise — transitional.

74.—(1) Notwithstanding the repeal of the Veterinary Surgeons Act 1931 under section 4, matters provided for in that Act that are set out in subsection (2), that were begun, whether before or after the establishment day, before the Preliminary Investigation Committee and Fitness to Practise Committee were appointed, shall continue to have effect as if this Act had not been enacted.

(2) The matters referred to in subsection (1) are—

(a) inquiries into allegations of professional misconduct under section 35 of the Veterinary Surgeons Act 1931,

(b) erasure from the Register on account of professional misconduct under section 36 of that Act,

(d) notice of erasure, refusal to register, etc. under section 38 of that Act,

(e) appeal to the High Court under section 39 of that Act,

(f) inquiry by Council into allegation of disgraceful conduct under section 40 of that Act.

75. Council may investigate fitness to practise.

75.—The Council may, where it is of opinion that it is reasonable to do so, of its own motion investigate the fitness to practise of a registered person.

76. Consideration of an application for an inquiry.

76.—(1) The Council, or any person, may apply to the Registrar for an inquiry into the fitness to practise veterinary medicine F23[or veterinary nursing] of a registered person on the grounds that—

(a) his or her behaviour constitutes professional misconduct,

(b) he or she is medically unfit to practise veterinary medicine by reason of physical or mental disability,

(d) he or she has failed to comply with any provision of this Act or any regulations made under it.

(2) (a) Where a member of the Council or the Registrar receives a complaint in relation to a registered person in which it is alleged, as regards him or her, that any of the matters referred to in paragraph (a), (b), (c) or (d) of subsection (1) applies, then the member of the Council or the Registrar shall notify the person making the complaint that he or she may make an application under subsection (1).

(b) The Registrar shall maintain a record of complaints referred to in paragraph (a), and shall prepare and furnish a report in relation to them, to the Council as required by it and in any event, at least every 6 months.

(3) An application under subsection (1) shall be—

(a) in writing,

(b) signed by the person applying for the inquiry,

(4) Immediately upon receipt of an application for an inquiry, the Registrar shall—

(a) direct it to the Preliminary Investigation Committee, and

(b) notify the Council that the application for an inquiry has been made and the date upon which it was made.

(5) (a) Two members of the Preliminary Investigation Committee, one of whom was appointed under paragraph (a) of section 70(2) and one of whom was appointed under paragraph (b) of that section shall consider the application for an inquiry.

(b) For the purposes of considering the application, the Preliminary Investigation Committee shall seek observations from the registered person in respect of whom the application was made, or from any other person whom it considers appropriate.

(6) Following consideration of the application the Preliminary Investigation Committee may decide, in relation to it—

(a) that the inquiry should not proceed in whole or in part because:

(i) it does not satisfy the requirements of subsection (3);

(ii) it is frivolous, vexatious or made in bad faith;

(iii) it does not refer to any of the grounds set out in subsection (1);

(iv) there is insufficient evidence to warrant an inquiry;

(b) that the inquiry should proceed in whole or in part.

(7) The Preliminary Investigation Committee shall notify the Council in writing of its decision under subsection (6), including reasons for the decision, as soon as may be.

(8) (a) If the Preliminary Investigation Committee fails to make a decision within the meaning of subsection (6), within F24[4 months] of an application being directed to it under subsection (4) it will be taken to have referred the matter, without a decision, to the Council.

(b) The Council on a reference of an application for an inquiry to it under paragraph (a), may, having considered the matter and, having regard to its functions under this Act, within F24[4 months] following that reference, decide any matter referred to in subsection (6).

(c) If the Council decides that it is correct to proceed with the inquiry in whole or in part it shall notify the Preliminary Investigation Committee of its decision and the reasons for it in writing, as soon as may be.

(d) If the Council decides that it is correct not to proceed with the inquiry, in whole or in part, it shall notify the Preliminary Investigation Committee, in writing of its decision, and the reasons for it, as soon as may be.

(9) If the Council is notified by the Preliminary Investigation Committee that it has decided that the inquiry should not proceed, it may, within F24[4 months, and] following that notification decide, having regard to its functions under this Act, that it is correct to proceed with the inquiry in whole or in part, and it shall notify the Preliminary Investigation Committee in writing of its decision to proceed and the reasons for it, as soon as may be.

(10) In this section—

F24["professional misconduct", in relation to a registered person, means any act, omission or pattern of conduct that—

(a) is connected with the practice of veterinary medicine or veterinary nursing and represents a serious falling short of the standard that could reasonably be expected of a registered person,

(b) is infamous or disgraceful in a professional respect (notwithstanding that, if the same or like act, omission or pattern of conduct were committed by a member of another profession it would not be professional misconduct in respect of that profession), or

(c) involves fraud or dishonesty of a nature or degree which bears on the carrying on of the profession of a registered person;]

“registered person” means a person registered under Part 4 or 8 and includes a person who is no longer registered at the time of an application for an inquiry under subsection (1) but was registered at the time that the conduct the subject matter of the application occurred.

77. Decision of Preliminary Investigation Committee and Council as regards application for inquiry.

77.—(1) The Preliminary Investigation Committee shall notify the Registrar, in writing, that an inquiry is not to proceed, including the reasons for the decision if—

(a) it was taken to have referred the matter to the Council under section 76(8)(a) and received a notice under section 76(8)(d), or

(b) it made such a decision and it has not received a notice of a decision to proceed under section 76(9).

(2) Within 21 days of the notification under subsection (1) the Registrar shall notify in writing, the person applying for the inquiry, stating the decision, the reason for the decision and the date on which it was made.

(3) A person applying for the inquiry who receives a notification of a decision made under subsection (1) may appeal to the Circuit Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

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

(a) an order affirming or setting aside any decision of the Preliminary Investigation Committee or the Council, as the case may be, that an inquiry should not proceed,

(b) an order remitting the application for an inquiry with or without directions to the Preliminary Investigation Committee or the Council, as the case may be, for reconsideration and the making of a new decision in relation to it, or

(5) The Council shall notify in writing, the chairperson of the Fitness to Practise Committee and the Registrar, that an inquiry is to proceed, including the reasons for the decision if such a decision is made—

(a) by the Preliminary Investigation Committee under section 76(6)(b),

(b) by the Council under section 76(8)(c),

(6) (a) Within 21 days of the decision to proceed under subsection (5), the Registrar shall inform the following of the decision by notice in writing to their respective addresses (in the case of the registered person to whom the inquiry relates, his or her address as stated in the Register or the Register of Veterinary Nurses, as appropriate) which shall contain the reasons for the decision:

(i) the person who applied for the inquiry;

(ii) the registered person to whom the inquiry relates;

(iii) if the registered person is employed as a veterinary practitioner or a veterinary nurse, his or her employer.

(b) In addition to the notification referred to at paragraph (a), the registered person to whom the inquiry relates shall be furnished with a copy of the application and any documents and information accompanying the application.

78. Inquiry by Fitness to Practise Committee.

78.—(1) If a decision to proceed to hold an inquiry is notified to the chairperson of the Fitness to Practise Committee under section 77(5), that Committee shall hold the inquiry as soon as practicable.

(2) The following members of the Fitness to Practise Committee shall hear an inquiry—

(a) the chairperson, and

(b) 4 of its members, two of whom were appointed under paragraph (b) of section 71(2), and two of whom were appointed under paragraph (c) of that section.

(3) The registered person to whom the inquiry relates shall be given notice, in writing, by the Fitness to Practise Committee, sent to the address of that person as stated in the Register or the Register of Veterinary Nurses, as appropriate, of the nature of the evidence proposed to be considered at the inquiry and that person, any person representing him or her, or any person whom they wish to call to give evidence in relation to the matter on his or her behalf shall be given the opportunity of being present at the inquiry.

(4) The Fitness to Practise Committee shall consider whether the registered person to whom the inquiry relates is fit to practise veterinary medicine on the basis of consideration by it of the following:

(a) evidence relating to the person to whom the inquiry relates, which shall be presented to it by or on behalf of the Registrar—

(i) of his or her professional misconduct,

(ii) that he or she is medically unfit to practise veterinary medicine by reason of physical or mental disability,

(iii) that his or her registration is erroneous due to a false or fraudulent declaration or misrepresentation, or

(iv) that he or she has failed to comply with any provision of this Act or any regulations made under it;

(b) evidence that the person to whom the inquiry relates, or his or her representative, may wish to present to the Fitness to Practise Committee, including oral evidence presented by any witness that they may wish to call;

(c) evidence that the Fitness to Practise Committee decides is appropriate to and will assist it with its inquiry, such as the testimony of a person who has expertise in an area of veterinary science, or any other area that is relevant to the inquiry, or the testimony of the applicant.

(5) In a case of alleged medical unfitness, the Fitness to Practise Committee may request expert medical evidence and may request that the person to whom the inquiry relates would attend for medical examination by a medical practitioner nominated by the Committee.

(6) For the purposes of an inquiry under this section, the Fitness to Practise Committee may—

(a) examine on oath, either by word of mouth or on written interrogatories, any person whom it considers relevant to the inquiry,

(b) administer oaths for the purposes of the examination, and

(7) For the purpose of an inquiry held under this section, the Fitness to Practise Committee shall have the powers, rights and privileges vested in the High Court or a judge of it on the hearing of an action in respect of—

(a) the enforcement of attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of production of documents,

and a summons signed by the Chairperson of the Fitness to Practise Committee or by such other member of that Committee as may be authorised by that Committee for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(8) (a) A person shall not—

(i) on being duly summoned to attend before the Fitness to Practise Committee, make default in attending,

(ii) being in attendance as a witness before the Fitness to Practise Committee—

(I) refuse to take an oath lawfully required by it to be taken,

(II) refuse to produce any document in his or her power or control lawfully required by that Committee to be produced by him or her,

(III) refuse to answer any question to which that Committee may lawfully require an answer,

(iii) being in attendance before the Fitness to Practise Committee do anything in relation to the inquiry which, if done in relation to proceedings before a Court by a witness in the Court, would be in contempt of such Court.

F25[(b) Subject tosubsection (9), a person who contravenesparagraph (a)is guilty of an offence and is liable on summary conviction to a class A fine.]

(c) The High Court, on application to it in a summary manner by the Fitness to Practise Committee in relation to any matter referred to at subparagraph (i), (ii) or (iii) of paragraph (a), may make such order as it considers necessary.

(9) A witness whose evidence has been, is being or is to be given before the Fitness to Practise Committee is entitled to the same privileges and immunities as a witness in a Court.

(10) (a) If the Fitness to Practise Committee requires the veterinary records of an animal that is under the care of a registered person to be produced for the purposes of an inquiry conducted by that Committee, such records shall not be made available to the Fitness to Practise Committee without the consent of the owner of the animal concerned unless the Committee specifically directs the registered person to produce such records.

F26[(b) In this subsection "under the care of a registered person" has the same meaning as it has in Regulation 43 of the European Communities (Animal Remedies) (No. 2) Regulations 2007 (S.I. No. 786 of 2007).]

79. Report of Fitness to Practise Committee.

F27[79.—(1) Following an inquiry undersection 78, the Fitness to Practise Committee shall make a report of the inquiry and its findings to the Council and shall specify in the report—

(a) the nature of the application,

(b) the evidence laid before it,

(d) its opinion as to whether one or more of the grounds specified insection 76(1)were found to be proven.]

(2) The Registrar, within 21 days of the receipt of the report by the Council shall send a copy of it to the registered person to whom the inquiry relates, at his or her address as stated in the Register or the Register of Veterinary Nurses, as appropriate.

80. Removal or suspension from relevant register or conditions attaching to registration.

F28[80.—(1) Where the Council receives a report from the Fitness to Practise Committee undersection 79(1), in which that Committee gives as its opinion that one or more of the grounds specified insection 76(1)were found to be proven, it may decide to do any of the following—]

(a) 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,

(b) direct that for a specified period the registration of the registered person in 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, shall not have effect, or

(c) attach such of the following conditions as it thinks fit, to the retention of the name of the registered person in 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:

(i) that he or she should obtain specified medical treatment;

(ii) that he or she should have limits placed on the type of veterinary medicine or veterinary nursing, as appropriate, practised by him or her;

(iii) that he or she should have geographical or temporal limits placed on the practice by him or her of veterinary medicine or veterinary nursing, as appropriate;

(iv) that he or she should attend specified programmes of education or further education;

(v) other specified conditions.

(2) If the Council makes a decision under subsection (1) it shall notify the registered person to whom the decision relates in writing, as soon as practicable stating the decision, the reasons for the decision and the date on which it was made.

(3) A person who receives a notification under subsection (2) may appeal to the High Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(4) On the hearing of an appeal under subsection (3) by the registered person to whom the decision relates, the High Court may make—

(a) an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (1) concerned,

(b) an order remitting the decision of the Council in relation to matters referred to in subsection (1) with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to it, or

(5) Where the registered person to whom the decision relates has made no application under subsection (3) within 21 days of the notification under subsection (2), the High Court may, on an application to it in a summary manner by the Council make—

(a) an order confirming or setting aside the making of the decision concerned,

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

(6) The decision of the High Court on an application under this section shall be final, save that, by leave of that Court or the Supreme Court, an appeal by the Council or the registered person concerned, from the decision, shall lie to the Supreme Court on a question of law.

81. Function of Council to advise, warn or censure.

81.—(1) If the Council sees fit to do so on receipt of a report under section 79, and having regard to its functions under this Act, it may decide to advise, warn or censure a person to whom the report relates.

(2) For the purposes of this section, F29[subsections (2)to(4)and(6)] of section 80 shall apply as if the reference to a decision under subsection (1) of that section were a reference to a decision under subsection (1) of this section.

(3) The Council may exercise the functions referred to in subsection (1) in substitution for or in addition to functions that it exercises under section 80, 82 or 84.

82. Contribution by registered person.

82.—(1) Where the Council receives a report under section 79, it may, having regard to its functions under this Act, decide to issue a direction to the registered person to whom the report relates, that he or she shall do all or any of the following:

(a) pay a sum to be determined, subject to subsection (2) by the Council, to the applicant in respect of costs and expenses incurred by him or her under this Part;

(b) not charge or recover a sum to be determined, subject to subsection (2) by the Council, in respect of fees or outlays from the applicant in respect of veterinary services provided by the registered person to the applicant (whether or not these are agreed by the applicant to be due to the registered person) in settlement of costs and expenses incurred by the applicant under this Part;

(c) pay to either the Preliminary Investigation Committee or the Fitness to Practise Committee, or to be shared as directed between those Committees a sum to be determined, subject to subsection (2), by the Council, in respect of the costs and expenses incurred by either of those Committees or both of them under this Part, where the Council has determined that the registered person has refused, neglected or otherwise failed, without reasonable cause, to respond in a timely manner, or at all, to a written request of either of those Committees or both of them and the Council has incurred costs in consequence of the refusal, neglect or failure.

(2) The sum referred to at paragraphs (a), (b) and (c) of subsection (1), shall have a value not exceeding €5,000 or such other sum as the Minister may fix by order in accordance with subsection (3).

(3) (a) The Minister may make an order from time to time amending subsection (2) by substituting for the amount standing specified in that subsection for the time being an amount equal to the amount obtained by multiplying €5,000 by the figure specified in subsection (4), and, if the amount so obtained is not a whole number to Euro and the Minister considers it appropriate to do so, and specifies in the order that the amount has been so rounded, rounding (up or down as he or she thinks fit) the amount to the nearest whole number of Euro.

(b) The Minister shall consult with the Council before making an order under paragraph (a).

(4) (a) The figure mentioned in subsection (3) is the quotient rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the year in which the order concerned is made by the consumer price index number relevant to the year 2004.

(b) In this section “consumer price index number” means the All Items Consumer Price Index Number compiled by the Central Statistics Office and references to the consumer price index number relevant to any year are references to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance.

(5) If the Council decides to issue a direction under subsection (1) it shall notify the registered person to whom the decision relates in writing, as soon as practicable stating the decision, the reasons for it and the date on which it was made.

(6) A person who receives a notification under subsection (5) may appeal to the District Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(7) On the hearing of an appeal under subsection (6) by the registered person to whom the decision relates, the District Court may make—

(a) an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (1) concerned,

(8) Where the registered person to whom the decision relates has made no application under subsection (6) within 21 days of the notification under subsection (5), the District Court may, on an application to it in a summary manner by the Council make—

(a) an order confirming or setting aside the decision concerned,

(b) an order remitting the decision concerned to the Council, with or without directions to it, for reconsideration by it and the making of a new decision,

(9) The decision of the District Court on an application under this section shall be final, save that, by leave of that Court or the High Court, an appeal by the Council or the registered person concerned, from the decision, shall lie to the High Court on a question of law.

(10) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of the District Court for the time being assigned to the district where the registered person concerned ordinarily resides or carries on any profession, business or occupation.

(11) The Council may exercise the functions referred to in subsection (1) in substitution for or in addition to functions that it exercises under section 80 or 81.

83. Restoration to relevant register.

83.—(1) Where the name of any person has been removed from a part of the Register, or the Register of Veterinary Nurses by virtue of section 80(1)(a) the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned decide, by direction, to restore the name of that person to the Register or the Register of Veterinary Nurses as the case may be and the Council may decide, by direction, to restore the name to the appropriate register subject to such conditions as it sees fit to impose.

(2) Where the registration of a person in a part of the Register or the Register of Veterinary Nurses has ceased to have effect by virtue of section 80(1)(b) for a specified period, the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned, decide, by direction, to remove the suspension before the end of the specified period.

(3) Where conditions attach to the retention of the person's name in a part of the Register or the Register of Veterinary Nurses by virtue of section 80(1)(c) the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned, decide, by direction to remove in whole or in part those conditions.

(4) If the Council decides to issue a direction under subsection (1), (2) or (3), it shall notify the person to whom the decision relates in writing, as soon as practicable stating—

(a) the decision,

(b) in the case of subsection (1) conditions (if any) imposed,

(d) the reasons for the decision,

(e) 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 including any condition to which subsection (1) or (3) relates, within a period of 21 days beginning on the date of such receipt.

(6) On the hearing of an appeal under subsection (5) by the person to whom the decision relates, the High Court may make—

(a) an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (1), (2) or (3) concerned,

(b) an order remitting the decision of the Council in relation to matters referred to in subsection (1) with or without directions to the Council, for reconsideration, by it and the making of a new decision in relation to it, or

(7) Where the registered person to whom the decision relates has made no application under subsection (5) within 21 days of the notification under subsection (4), the High Court may, on an application to it in a summary manner by the Council make—

(a) an order confirming or setting aside the making of the decision concerned,

(b) an order remitting the decision concerned to the Council, with or without directions to it, for reconsideration by it and the making of a new decision,

(8) The decision of the High Court on an application under this section shall be final, save that, by leave of that Court or the Supreme Court, an appeal by the Council or the registered person concerned, from the decision, shall lie to the Supreme Court on a question of law.

84. Person convicted of offence triable on indictment.

84.—(1) Where a person whose name is registered on a part of the Register, or on the Register of Veterinary Nurses is convicted in the State of an offence triable on indictment, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, the Council may decide that the name of such person shall be removed from the part of the Register concerned or the Register of Veterinary Nurses as appropriate.

(2) If the Council makes a decision under subsection (1) it shall notify the registered person to whom the decision relates in writing, as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(4) On the hearing of an appeal by the registered person to whom the decision relates not later than 21 days from the date of the notification under subsection (2), the High Court may make—

(a) an order affirming or setting aside any decision of the Council to remove the name from the part of the Register concerned, or the Register of Veterinary Nurses as appropriate,

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

(a) an order confirming or setting aside the decision concerned,

(b) an order remitting the decision concerned to the Council, with or without directions to it, for reconsideration by it and the making of a new decision,

85. Privilege in respect of certain matters.

85.—The contents of the following, published or made available by virtue of this Act, shall be protected by absolute privilege—

(a) proceedings of or communications to or by the Council under section 80, 81, 82, 83 or 84,

(b) proceedings of or communications by the Preliminary Investigation Committee or the Fitness to Practise Committee under section 76, 77, 78 or 79,

(d) reports made otherwise under this Part by the Council, or either of those Committees in the performance of the functions of the Council or Committees, as appropriate.

86. Notification to Minister of name removed or restored, etc., from relevant register.

86.—(1) In respect of the Register or the Register of Veterinary Nurses as appropriate, the Council shall notify the Minister, on the occasion of—

(a) the removal of the name of a person from it (otherwise than upon the death of the person),

(b) the restoration of the name of a person to it,

(d) the termination of a period of suspension from it,

(e) the attachment of conditions to the retention of the name of a person on it, or removal of such conditions.

(2) The Council shall also notify the Minister of—

(i) the advice, warning or censure of a person under section 81, or

(ii) a direction to pay a sum under section 82 or not to charge or recover fees by virtue of that section.

(3) The notification referred to in subsections (1) and (2) shall include the name and address of the person concerned and the reasons for the action taken by the Council.

87. Personal interest of member of Preliminary Investigation Committee or Fitness to Practise Committee.

87.—(1) Whenever it appears to a member of the Preliminary Investigation Committee, Fitness to Practise Committee or the Council or the chairperson or deputy chairperson of the Fitness to Practise Committee that he or she cannot properly deal with a matter falling to be considered, investigated, reported upon or decided upon under this Part, by reason of the fact that he or she has a personal interest in the matter, or such personal knowledge of the facts or of the relevant parties as might prejudice his or her actions in relation to the matter, he or she shall notify the Preliminary Investigation Committee, or the Fitness to Practise Committee as appropriate, and the Council, and shall not exercise his or her functions under this Part in relation to the matter.

(2) If the Council is satisfied that it is required for the purposes of dealing with a matter referred to at subsection (1)—

(a) it may appoint—

(i) a member of the Council to be a member of the Preliminary Investigation Committee,

(ii) a member of the Council to be a member of the Fitness to Practise Committee,

(b) it may seek a nomination of and appoint in accordance with section 71(2)(a), a person to whom that subsection refers, to act as chairperson or deputy chairperson of the Fitness to Practise Committee.

88. Members of Preliminary Investigation Committee and Fitness to Practise Committee not to exercise certain functions.

88.—(1) A member of the Preliminary Investigation Committee that considered an application for inquiry under section 76 and made a decision under section 77, shall not, in relation to a person to whom the application or decision relates—

(a) participate as a member of the Fitness to Practise Committee that holds an inquiry under section 78 or makes a report on it under section 79, or

(b) exercise his or her functions as a member of the Council under sections 80 to 84.

(2) A member of the Fitness to Practise Committee that holds an inquiry under section 78 and makes a report under section 79, shall not, in relation to a person to whom the inquiry or report relates—

(a) participate as a member of the Preliminary Investigation Committee that considers an application for an inquiry under section 76 or makes a decision under section 77, or

(b) exercise his or her functions as a member of the Council under sections 80 to 84.

89. Report of activities of Fitness to Practise Committee to be included in annual report.

89.—(1) The annual report referred to in section 30 shall include a report of all matters referred to in section 86 that have occurred since the last such report, and in the case of the first such report, since the appointment of the Preliminary Investigation Committee and the Fitness to Practise Committee.

(2) The report shall identify all relevant particulars in relation to each matter in the report, such as the name and address of each person affected, term of suspension, and conditions attached or removed.

PART 8 Veterinary Nurses

90. Interpretation (Part 8).

90.—In this Part, except where the context otherwise requires—

“Board” means the Veterinary Nurses Board;

“provisionally register” means register under section 96 and “provisional registration” shall be construed accordingly;

“veterinary nursing” has the meaning given to it by section 91.

91. Veterinary nursing.

91.—(1) Subject to section 92 “veterinary nursing” means carrying out any procedures to which subsection (2) applies and other cognate phrases shall be construed accordingly.

(2) This subsection applies to the following procedures on animals:

(a) those carried out by a veterinary nurse, while assisting and in the presence of a veterinary practitioner—

(i) holding and handling tissue during performance of surgical procedures,

F30[(ii) induction, maintenance and termination of general anaesthesia, including performance of endotrachial intubation,]

(iii) assisting at the performance of surgical procedures that are not minor,

(iv) assisting at the performance on an animal of a caesarean section operation or other surgery to assist her to give birth to her F30[young;]

(v) F31[…]

(b) those carried out by a veterinary nurse, under the direction of a veterinary practitioner—

F30[(i) administration of medication enterically, intraosseously, or intravenously,]

(ii) catheterisation, surgical treatment of abscesses and ulcers, application of external casts and cutaneous suturing,

(iii) the taking of images by x-ray,

(iv) the carrying out of minor medical procedures or minor surgery;

(c) procedures standing prescribed under section 92 and, if the carrying out of any such procedures is made subject to conditions specified under that section, those procedures if carried out in compliance with those conditions.

F30[(3) Inparagraphs (a)(iii)and(b)(iv)ofsubsection (2), "minor" relates to a procedure or surgery that does not involve entry beneath the skin, mucosa or into the cornea.]

92. Prescribing procedures to which section 91(2) applies.

92.—(1) Subject to subsection (2), the Minister may, for any purpose specified in subsection (3), prescribe procedures, in addition to those specified in paragraphs (a) and (b) of section 91(2) to which that subsection applies.

(2) Before prescribing procedures under subsection (1), the Minister shall consult with the Council and the Board.

(3) The purposes referred to in subsection (1) are—

(a) taking account of—

(i) technological improvements in relation to diagnosing a matter referred to in section 53(1)(a)(i),

(ii) the competence of veterinary nurses to carry out treatments or procedures or administer an animal remedy, due to improvements in programmes of education or further education,

(b) 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 the practice of veterinary nursing,

(d) ensuring the adequate provision of veterinary nursing services in the State,

(e) maintaining and improving standards of public health in the State, or

(f) maintaining and improving standards of animal health and welfare in the State.

(4) Without prejudice to the generality of subsection (1), regulations made under that subsection may provide that any procedure specified in the regulation shall be carried out in compliance with conditions so specified, including a condition that—

(a) the carrying out of the procedure is supervised by a veterinary practitioner, or

(b) specified equipment is used by the veterinary nurse in carrying out the procedure.

(5) Every regulation made by the Minister under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within 21 days on which that House has sat after the regulation is laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

93. Establishment of Register of Veterinary Nurses.

93.—(1) Not later than 2 years after the establishment day, the Council shall establish a Register of Veterinary Nurses to be known as the “Register of Veterinary Nurses”.

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

(3) The Council shall maintain the Register of Veterinary Nurses.

F32[(4) The Register of Veterinary Nurses shall contain the following parts, namely—

(a) a part consisting of the names and particulars of persons registered undersections 95,95A(1)and96A,

(b) a part consisting of the names and particulars of persons provisionally registered undersection 96,

(c) a part consisting of the names and particulars of persons registered for the purpose of provision of services undersection 95A(4), and

(d) a part consisting of the names and particulars of persons registered with limited registration undersection 96B.

(5) A person shall be registered as a veterinary nurse by the entry in the Register of Veterinary Nurses, relating to that person, of—

(a) his or her full name and address,

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

(c) in the case of registration undersection 95A(4)and where appropriate undersection 96A, the date on which registration is to expire,

(d) in the case of registration undersection 96B, the date on which registration is to expire and any condition attached to it,

(e) where appropriate, confirmation of compliance with any regulations undersection 52that apply, and

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

94. General matters relating to registration of veterinary nurses.

94.—(1) A veterinary nurse ceases to be registered under this Part when his or her name is removed from the Register of Veterinary Nurses.

(2) As soon as possible after the Council has entered a person's name on the Register of Veterinary Nurses, it shall send a certificate to that person that certifies that his or her name has been entered in that register and whether he or she is fully or provisionally registered, and, if appropriate, any conditions attaching to such entry.

(3) For the purposes of this Part, sections 37 and 38 shall be construed as if, in addition to references to the Register where they appear in those sections, reference is also made to the Register of Veterinary Nurses, with any necessary modifications.

95. Registration as veterinary nurse.

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

(2) This subsection applies to a person who—

(a) has undergone programmes of 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 nursing,

(d)(i) is not prohibited or suspended from registration under Part 4, or

(ii) is not prohibited from practising or suspended from the practice of veterinary medicine,

either under Part 7 or provisions similar 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 surgeon,

F33[(e) is not prohibited from practising, or suspended from the practice of, veterinary nursing, 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 nurse.]

(f) is not a veterinary practitioner.

(3) A veterinary nurse ceases to be registered under this Part when his or her name is entered in a part of the Register.

(4) If the Council decides that a person who applies to it for registration as a veterinary nurse 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.

(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 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

F34[(7) The Council, on application to it in that behalf in writing by a person to whomsubsection (8)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 nurse.

(8) For the purposes ofsubsection (7), this subsection refers to a veterinary nurse 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 national 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 nursing, either underPart 7or provisions corresponding to those contained in that Part that apply 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 nurse.

(9)Parts 1and2ofSchedule 3apply to an application made undersubsection (7).

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

(a) wishes to provide services as a veterinary nurse 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 practising as a veterinary nurse in that State,

(iii) where the profession of veterinary nursing is not regulated in the relevant State where he or she is established, proof that the person has practised as a veterinary nurse for not less than two of the ten years preceding the application,

(iv) 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 nurse, and

(v) proof of nationality,

and the documents referred to in this paragraph are in order, the Council shall register that person as a veterinary nurse for a period not exceeding 12 months.

(11) If the Council is satisfied to do so and, on application to it in that behalf from the person referred to insubsection (10), 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 (10).

(12) Parts 1 and 3 ofSchedule 3apply to applications made undersubsection (10).

(13) If the Council decides that a person who applies to it for registration undersubsections (7)or(10)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.

(14) A person who receives a notification undersubsection (13)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.

(15) 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

95A. F35[Mutual recognition — veterinary nurses.

95A.—(1) The Council, on application to it in that behalf in writing by a person to whomsubsection (2)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 nurse.

(2) This subsection applies to a veterinary nurse 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

(e) is not prohibited from practising, or suspended from the practice of, veterinary nursing 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 nurse.

(3)Parts 1and2ofSchedule 3apply to an application made undersubsection (1).

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

(a) wishes to provide services as a veterinary nurse 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) where the profession of veterinary nursing—

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

(II) is not regulated in the relevant State where he or she is established, proof that the person has practised the profession of veterinary nursing for not less thanF36[1 year]in the 10 year period immediately preceding the application,

(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 nurse,F37[…]

(iv) proof of nationality,F38[and]

F39[(v) a declaration of his or her knowledge of the English language necessary for practising veterinary nursing,]

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

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

(5) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to insubsection (4), it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person continues to comply withparagraphs (a)and(b)ofsubsection (4).

(6)Parts 1and3ofSchedule 3apply to applications made undersubsection (4).

(7) If the Council decides that a person who applies to it for registration undersubsection (1)or(4)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.

(8) A person who receives a notification undersubsection (7)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.

(9) 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

(10) In this section—

"competent authority", "Mutual Recognition Directive", "relevant State", and "third country" have the meanings assigned to them, respectively, insection 43(15);

"home relevant State" in relation to a veterinary nurse, 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 nurse.

(11) 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.]

96. Provisional registration as veterinary nurse.

96.—(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 provisionally register the person as a veterinary nurse.

(2) This subsection applies to a person who—

(a) applies for provisional registration as a veterinary nurse within 6 months of the day of the establishment of the Register of Veterinary Nurses,

(b) was practising as a veterinary nurse on the 27th October 2004 and continued so acting in a whole time capacity, under the supervision of a veterinary practitioner, until the day of the establishment of the Register of Veterinary Nurses,

(d) complies with paragraphs (b), (c), (d), (e) and (f) of section 95(2).

(3) If the Council decides that a person who applies to it for provisional registration as a veterinary nurse 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

(6) Provisional registration under this section shall cease 5 years after the day on which the Register of Veterinary Nurses is established.

(7) Notwithstanding this Act and save where otherwise provided by law, a person who is provisionally registered as a veterinary nurse under this section may practise veterinary nursing.

96A. F40[Registration of persons who would not otherwise qualify for registration under section 95 or 96.

96A.—(1) The Council, on application to it in writing in that behalf 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 nurse.

(2) Registration of a person undersubsection (1)may be for such period as decided by the Council.

(3) This subsection applies to a person who—

(a) does not qualify for registration undersection 95or96,

(b) subject tosubsection (9), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary nursing in a state other than 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 in the State necessary for the practice of veterinary nursing,

(c) shows to the satisfaction of the Council that he or she has sufficient language skills for the purpose of the practice of veterinary nursing 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 nursing, and

(f) is not prohibited from practising, or suspended from the practice of, veterinary nursing, 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 nurse.

(4) 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 nursing by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.

(5) If the Council decides that a person who applies to it for registration under this section should not be so registered or, that the person should be so registered subject to a condition imposed as respects supervision undersubsection (4), 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.

(6) A person who receives a notification undersubsection (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 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

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

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