Veterinary Practice Act 2005

(9) In order that the Council may be satisfied that the standard that applies to the programmes of education and training undergone, examinations passed and qualifications obtained is not of a standard that is lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary nursing, it may require a person to whomsubsection (3)applies, to sit and pass an examination set by or on behalf of the Council in that regard.]

96B. F41[Limited registration — veterinary nurses.

96B.—(1) Notwithstanding any provision of this Act, subject tosubsection (4), and, on satisfying itself of the need to effect registration under this section for the purpose specified insubsection (2), the Council—

(a) on application to it in writing in that behalf by a person to whomsubsection (3)applies, in accordance with regulations undersection 52(1), and

(b) on payment to it of the fee prescribed undersection 33,

shall register the person as a veterinary nurse with limited registration.

(2) The Council shall be satisfied that the person making the application is required to participate in the provision of approved programmes of education or further education before registering the person.

(3) This subsection applies to a person who—

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

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

(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purposes ofsubsection (2),

(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 nursing, and

(e) is not prohibited from practising, or suspended from practice of, veterinary nursing, either underPart 7, or 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 carrying out of professional duties as a veterinary nurse.

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

(a) the duration of such registration,

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

(c) the class or classes of treatments or procedures that may be carried out by the person.

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

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

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

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

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

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

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

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

(c) any other order that it considers appropriate.]

97. Offences in relation to practice of veterinary nursing or use of title.

97.—(1) Subject to sections F42[54A], 55 and 59, nothing in this Act shall be construed as permitting a veterinary nurse to practise veterinary medicine, other than to the extent that it consists of the practice of veterinary nursing.

(2) Subject to sections F42[54A,] 55 and 59, a person, in the case of paragraph (a), other than a registered person, and in the case of paragraphs (b) and (c), other than a veterinary nurse, shall not—

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

(b) use the title or description that would give the impression that he or she is registered under Part 8 such as “veterinary nurse” or any abbreviation or derivative of them, either alone or in connection with any other title or description, or

(c) represent that they are registered on the Register of Veterinary Nurses.

(3) A body corporate shall not—

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

(b) represent itself as registered on the Register of Veterinary Nurses,

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

(4) Subject to F43[sections 54Aand55] where a person who is not a registered person treats, by the practice of veterinary nursing, whether for reward or otherwise, an animal the property of another person, he or she shall be taken to have represented that he or she is a veterinary nurse.

(5) A person who contravenes this section is guilty of an offence.

(6) A person who is guilty of an offence under this section is liable—

F44[(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, to a fine not exceeding €320,000, or to imprisonment for a term not exceeding 10 years, or to both.

(7) Subsections (2) and (3) shall come into operation on the day that is 6 months after the day on which the Register of Veterinary Nurses is established.

98. Establishment of Board.

98.—(1) Where the Minister is satisfied that—

(a) there is a sufficient number of veterinary nurses in the State to justify the establishment of a body to regulate veterinary nurses and the practice of veterinary nursing in the State, or

(b) the establishment of such a body would contribute to the regulation of the practice of veterinary nursing or the practice of veterinary medicine (other than veterinary nursing) in the State,

he or she may, after consultation with the Council, make an order providing that as on and from such a day as may be appointed by the order (in this Part to be known as the “appointed day”), there shall stand established a body which shall be known as Bord Altraí~ Tréidliachta na hÉireann or, in the English language, the Veterinary Nurses Board of Ireland, and in this Act referred to as the “Board”, to perform the functions conferred on it by or under this Act.

(2) The Board is a body corporate with perpetual succession and it 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.

99. Procedure of Board.

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

(2) The Minister shall make regulations under paragraph (f) of section 102(1) and subparagraphs (a)(iv) and (b)(iv) of section 102(2) for the purposes of this section.

100. Functions of Board.

100.—The principal function of the Board is to perform the functions in relation to veterinary nurses and the practice of veterinary nursing vested in the Council and, accordingly, those functions shall become and be transferred from the Council to the Board and stand vested in the Board as on and from the appointed day.

101. Transitional arrangements in relation to functions of Board.

101.—(1) Notwithstanding section 100, any performance of a function transferred by that section that was begun, but not completed—

(a) by the Council, arising from its functions under Part 6, or the Education Committee,

(b) by the Council, arising from its functions under Part 7, the Preliminary Investigation Committee or the Fitness to Practise Committee,

may be completed by the Council, the Education Committee, the Preliminary Investigation Committee or the Fitness to Practise Committee after that day.

(2) Regulations made under this Act by the Minister or the Council before the establishment of the Board, that apply to veterinary nurses or veterinary nursing shall not be affected by such establishment, and such regulations, where they refer and apply to the Council, shall, in so far as they relate to veterinary nurses or veterinary nursing, be read as if they referred and applied to the Board.

102. Regulations in respect of Board.

102.—(1) Where the Minister proposes to make or has made an order under section 98, he or she shall by regulations, provide for the following matters in respect of the Board:

(a) the appointment of its members by the Minister;

(b) the number of its members, which shall be at least 12 and not more than 15;

(c) its composition, which shall include—

(i) at least 4 persons who are appointed by the Minister whom he or she considers to be representative of those who have qualifications and experience in relation to—

(I) animal welfare,

(II) training and education in veterinary nursing,

(III) food safety,

(IV) consumer matters,

whom the Minister considers would be of value to that Board in the performance of its functions,

(ii) at least 3 persons nominated by the Council for appointment of whom one person shall be a member of the Council and one person shall be registered or eligible to be registered under Part 4,

(iii) at least 5 persons who are registered veterinary nurses who are chosen for such appointment in accordance with rules made under subsection (4);

(d) the appointment by the Minister of 5 persons whom he or she considers representative of the persons eligible to be elected members of the Board pending the holding of elections under rules made by the Board pursuant to subsection (4);

(e) the appointment to the Board by the Minister of those persons elected pursuant to rules made under subsection (4) and the cessation from membership of the Board of those persons appointed to the Board for the purposes of paragraph (d);

(f) the seal, elections, membership, president, and meetings of the Board in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 2;

(g) the staff of the Board, including its Registrar, and all matters affecting staff, disclosure of information, disclosure of interests, membership of a House of the Oireachtas or the European Parliament;

(h) the functions of the Board's Registrar;

(i) the accounts and audits of the accounts of the Board;

(j) gifts to the Board;

(k) the expenses of the Board and the Minister.

(2) Regulations made under subsection (1) shall provide for the following matters that are consequential or supplemental to the exercise of the functions transferred to the Board:

(a) the number and composition of committees to exercise a function as respects fitness to practise (including preliminary investigation), in relation to which the Minister shall provide—

(i) that members of any such committee, other than the chairperson, are members of the Board,

(ii) that other than the chairperson, any such committee shall consist of an equal number of registered persons and non-registered persons,

(iii) that the chairperson of any such committee that performs functions corresponding to those of the Fitness to Practise Committee shall not be a member of the Board and shall be appointed in the same manner as the chairperson of the Fitness to Practise Committee is appointed under section 71,

(iv) for the membership, chairperson and meetings of the committees in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

(b) the number and composition of a committee to exercise a function as respects education and training, in relation to which the Minister shall provide—

(i) that the exercise of its functions shall be subject to consultation with the Council,

(ii) that only members of the Board shall be members of the committee,

(iii) that the committee shall consist of an equal number of registered persons and non-registered persons,

(iv) for the membership, chairperson and meetings of the committee in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

(c) if appropriate, transfer of documentation and information acquired by authorised officers following on inspections under Part 9, or investigations under Part 10;

(d) if appropriate, the transfer of matters relating to the administration of the affairs of the Council, from the Council to the Board;

(e) the establishment of committees, other than those referred to in paragraphs (a) and (b), by the Board to perform the functions of the Board;

(f) if appropriate, prescribing fees in relation to performance by the Board of its functions or provision of services by it before the Board makes regulations under section 33;

(g) any other such matters as the Minister considers appropriate.

(3) Regulations made under subsection (1) may provide for procedures for the nomination and election of the first members to be appointed to the Board and, for the purposes of facilitating the appointment of the first members, may provide for such nomination or election by the persons concerned before the Minister makes the Order under section 98.

(4) (a) The Board shall make rules for the purpose of—

(i) the election of persons for appointment by the Minister as members of the Board, pursuant to regulations made under subsection (1) for the purposes of paragraphs (a) and (c)(iii) of that subsection,

(ii) where appropriate, the election of a person for appointment by the Minister as a member of the Council pursuant to section 16(1)(i).

(b) The elections referred to in paragraph (a) shall be held on a ballot and in a manner provided for by the rules.

(c) Rules made under paragraph (a) may provide for such incidental supplementary and consequential provisions as the Board considers necessary or expedient.

(d) Without prejudice to the generality of paragraphs (a) and (c), rules may make provision in relation to—

(i) returning officers,

(ii) ballot papers,

(iii) date of election,

(iv) any other matter that, in the opinion of the Board, is required for the purposes of the election of persons for appointment as members of the Board, or where appropriate, a member of the Council.

103. Conferral of additional functions on Board

103.—(1) The Minister may by order—

(a) confer on the Board such additional functions connected with the functions of the Board 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 Board.

(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.

104. Ministerial directions to Board.

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

PART 9 Veterinary Premises

105. Interpretation (Part 9).

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

“certificate holder” shall be construed in accordance with section 109;

“certificate of suitability” shall be construed in accordance with section 109;

“exempted place” means a place where the practice of veterinary medicine by a registered practitioner occurs—

(a) under regulations made under the European Communities Act 1972,

(b) by or under an Act that relates to—

(i) export or slaughter of animals, or

(ii) export of meat,

or

(c) under regulations made under section 107;

“register of certificates of suitability” shall be construed in accordance with section 120;

“State premises” means a veterinary premises that is under the control of—

(a) a Minister of the Government, or

(b) a local authority;

F45["under the care of a registered practitioner" 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);]

“veterinary premises” includes any place where the practice of veterinary medicine by a registered person occurs, including an ambulance or other vehicle equipped to facilitate such practice.

106. Where practice of veterinary medicine may occur.

106.—(1) A registered person shall not practise veterinary medicine otherwise than at—

(a) a premises to which a certificate of suitability applies,

(b) a State premises,

(c) a premises, including a farm, that is under the control of the person who owns the animal or who for the time being has custody of the animal that is under the care of a registered practitioner, which registered practitioner usually practises veterinary medicine at a premises to which a certificate of suitability applies,

(d) an exempted place,

(e) a place where an emergency veterinary procedure is performed,

(2) It is an offence for a registered person to contravene subsection (1).

(3) Subsection (1) shall not come into operation until such time as the Council shall make regulations under section 108.

107. Regulations in respect of places and events.

107.—(1) Where the Minister is of opinion that it is appropriate, for the purposes of facilitating the sale of animals or sporting events relating to animals, that—

(a) a veterinary examination, or

(b) treatment of an animal at such a sale or sporting event, which treatment is required as a result of participation by the animal at the sale or sporting event,

may take place otherwise than at a premises to which a certificate of suitability applies, then the Minister may, following consultation with the Council, prescribe places and events where such veterinary examination or treatment of an animal may be carried out by a registered practitioner without the requirement of such a certificate of suitability.

(2) Without prejudice to the generality of subsection (1), the regulations referred to in that subsection may provide that the veterinary examination or treatment specified in the regulations shall be performed in compliance with conditions so specified which conditions may provide for one or more of the following:

(a) classes of sales or sporting events to which the regulations relate;

(b) classes of veterinary examination that may be carried out;

(c) specified aspects of veterinary medicine that may be practiced in treating an animal;

(d) classes of equipment that may be used in carrying out the veterinary examination or treatment;

(e) at which sales of animals or sporting events relating to animals, and where at those sales or events the veterinary examination or treatment may take place;

(f) classes of animals to be examined or treated;

(g) the appointment of the registered practitioner to carry out the examinations or treatment;

(h) such other matters that the Minister considers appropriate.

(3) A registered practitioner shall comply with any conditions specified in regulations under this section.

(4) In this section “veterinary examination” means the examination of an animal by a registered practitioner to determine the fitness and suitability of the animal for sale or participation in a sporting event, as the case may be, and such examination may constitute the practice of veterinary medicine.

(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 of the day 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 them.

108. Regulations in respect of veterinary premises.

108.—(1) For the purpose of—

(a) promoting and protecting the health, safety and welfare of animals,

(b) protecting the safety of owners and carers of animals and registered persons engaged in the practice of veterinary medicine or veterinary nursing and the public, and

(c) maintaining proper standards as regards veterinary premises in the State,

the Council shall make regulations relating to veterinary premises.

(2) The power under subsection (1) shall be first exercised not later than 1 year after the establishment day.

(3) Without prejudice to the generality of subsection (1), regulations under that subsection shall include the following as respects a veterinary premises or class of veterinary premises:

(a) classification into such classes as general premises, large animal clinics, small animal clinics, veterinary hospitals and any other class or classes that in the opinion of the Council, should be included;

(b) availability of equipment and resources at any specified class of veterinary premises such as facilities for clients, examinations, treatment, confinement, isolation, food storage and preparation, anaesthesia, radiology, pharmacy, laboratory needs, surgery, necropsy, nursing care, records and record management, bio security and any other facilities that in the opinion of the Council, should be included;

(c) type and content of any notice to the public that may or shall be placed there;

(d) suitability for the practice of certain specified aspects of veterinary medicine.

(4) For the purposes of this section “class of veterinary premises” means a class of veterinary premises, having regard to the type of veterinary practice practised at such premises and the size and location of, and facilities at, such premises.

109. Certificate of suitability.

109.—(1) Where the Council is satisfied, on an application made to it under this Part by a registered person that a veterinary premises—

(a) is suitable and fit for the purpose of the practice of veterinary medicine, and

(b) complies with regulations made by the Council under this Part that apply in respect of the veterinary premises to which the application relates,

then, it may grant a certificate to that effect in respect of the veterinary premises (in this Part referred to as a “certificate of suitability”) to the person who applies for the certificate (in this Part referred to as the “certificate holder”).

(2) Only a registered person may apply for, or be granted, a certificate under subsection (1).

(3) Subject to this Part, a certificate of suitability remains in force for the period of time stated in it.

(4) (a) For the purposes of this Part, a certificate holder shall continue to be so called where a decision of the Council under section 113 or 114 affects the certificate of suitability that he or she holds, until the decision of the Council takes effect under section 113(3) or 114(7), or until an appeal under section 113(4) or 114(8) is determined or withdrawn.

(b) If the Council is satisfied to do so, a certificate of suitability may, on application by the certificate holder, be renewed by it with effect from the expiration of the period to which it relates.

(c) For the purposes of this Part references to a certificate of suitability shall, where appropriate, be construed as including references to a certificate that has been renewed under paragraph (b).

110. Application for issue of certificate of suitability.

110.—An application for a grant or a renewal of a grant of a certificate of suitability shall be in writing, accompanied by any fee prescribed under section 33(1) and shall—

(a) be made to the Council,

(b) comply with matters prescribed under section 111,

(c) specify the veterinary premises to which the application relates,

(d) identify the applicant and confirm that he or she is a registered person.

111. Regulations in relation to certificates of suitability.

111.—(1) In addition to prescribing fees (if any) pursuant to section 33(2)(g) in respect of the grant or renewal of a grant of a certificate of suitability, the Council shall prescribe matters relating to an application for and grant or a renewal of a grant of a certificate of suitability, including—

(a) the form of an application,

(b) any documentary evidence required to show compliance with matters prescribed under section 108,

(c) information to be included in the certificate of suitability,

(d) periods for which certificates of suitability are to remain in force,

(e) renewal of a certificate of suitability,

(f) subject to section 117, inspections of veterinary premises.

(2) Matters referred to in paragraphs (a) to (f) of subsection (1) shall be first prescribed not later than one year after the establishment day and in any event shall not be prescribed any later than the making of regulations under section 108.

(3) Before prescribing matters under this section, the Council may, if it thinks fit, take advice from experts in veterinary medicine, health and safety, building construction, engineering and planning, or in any other field of expertise that it considers appropriate.

112. Determination of application for certificate of suitability.

112.—(1) The Council shall determine an application for a grant or a renewal of a grant of a certificate of suitability by deciding to—

(a) grant or renew it, as the case may be, or

(b) grant or renew it, as the case may be, subject to attachment of such of the following conditions that, in its opinion having regard to its functions under this Part, are appropriate:

(i) that limits should be placed on the type of veterinary medicine or veterinary nursing, as appropriate, that should be practised at the veterinary premises;

(ii) that time restrictions should apply;

(iii) that specified changes should be made to the veterinary premises within specified periods of time;

(iv) other specified conditions,

or

(c) refuse to grant or renew it, as the case may be.

(2) Where the Council grants or renews a grant of a certificate of suitability that is subject to conditions, the registered person to whom it is granted shall comply with them.

(3) Where a person to whom a certificate of suitability is granted or renewed that is subject to conditions refuses or fails to comply with all or any of them, he or she is guilty of an offence.

113. Decision to refuse a certificate of suitability or apply conditions.

113.—(1) In relation to an application for a grant or a renewal of a grant of a certificate of suitability, where the Council proposes—

(a) to grant or renew it subject to conditions, or

(b) to refuse to grant or renew it,

the Council shall notify the applicant in writing at his or her address as stated in the Register or the Register of Veterinary Nurses, as the case may be, of the proposal and the reasons for it.

(2) The notification under subsection (1) shall state that the applicant concerned may make representations to the Council in relation to the proposal not later than 21 days after the notification.

(3) If, after the expiration of 21 days from the notification under subsection (1), and having considered any representations made to it under subsection (2), the Council decides to grant or renew the certificate of suitability subject to conditions or to refuse to grant or renew it, with or without taking account of those representations, it shall notify the applicant in writing, at the address referred to in subsection (1) of its decision, and the Council may so grant or renew the certificate of suitability subject to such conditions or refuse to so grant or renew it.

(4) A registered person who receives a notification under subsection (3) 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.

(5) On the hearing of an appeal by the registered person to whom the decision relates, the District Court may—

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

(b) make an order remitting the decision of the Council in relation to matters referred to in subsection (3) with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to the matter, or

(c) make any other order that it considers appropriate.

(6) (a) Where no appeal is made under subsection (4), the decision of the Council shall take effect after the expiry of the period referred to in that subsection.

(b) Where an appeal is made under subsection (4), the decision of the Council shall stand suspended until the appeal is determined or withdrawn.

(7) The decision of the District Court on an application under this section and section 114, shall be final save that, by leave of the Court or the High Court, an appeal by the Council or the applicant registered person concerned, from the decision, shall lie to the High Court on a question of law.

(8) The jurisdiction conferred on the District Court by this section and section 114, shall be exercised by the judge of the District Court for the time being assigned to the District where the registered person to whom the decision relates ordinarily resides or carries on any profession, business or occupation.

114. Revocation or suspension of certificate of suitability.

114.—(1) The Council may revoke a certificate of suitability if—

(a) the certificate holder so requests,

(b) the certificate holder—

(i) has ceased to be registered under Part 4 or 8,

(ii) obtained the certificate of suitability through false statements or any other irregular means,

(iii) ceases to practise veterinary medicine or veterinary nursing, as the case may be, at the premises,

(iv) is convicted of an offence under any provision of this Act,

(v) is prohibited or suspended from the practice of veterinary medicine or veterinary nursing, as the case may be, either under Part 7, or provisions corresponding to those contained in Part 7 that apply in another state, from practising in the veterinary profession by reason of a conviction for an offence or serious misconduct in connection with the carrying out of professional duties,

(c) an authorised officer cannot duly carry out an inspection under section 117(2) because he or she has been refused entry to all or part of the premises to which the certificate relates, or

(d) since the grant of the certificate of suitability concerned, the circumstances relevant to that grant have changed and are such that, if a similar application for a certificate of suitability were made in the changed circumstances, it would be refused.

(2) A revocation to which subsection (1)(a) relates shall have effect upon receipt of the request for the revocation by the Council from the certificate holder.

(3) The Council may suspend a certificate of suitability for a period not exceeding 12 months if—

(a) in the opinion of the Council, either public health or health safety or welfare of animals requires the suspension without delay,

(b) in the opinion of the Council, it is required to investigate complaints made to it, which if verified, could result in the revocation of the certificate of suitability under subsection (1), or

(c) a fee prescribed under section 33(1) is not duly paid.

(4) (a) A suspension under subsection (3)(a) shall have effect as soon as the Council notifies the certificate holder concerned in writing or the certificate holder receives a notification under subsection (5), whichever first occurs.

(b) A suspension of a certificate of suitability under subsection (3) may be revoked at any time by the Council.

(5) Whenever the Council proposes to revoke or suspend or has suspended a certificate of suitability under this section, other than under subsection (1)(a), it shall notify the certificate holder in writing of the proposal or suspension and the reasons for it.

(6) The notification under subsection (4)(a) or (5) as the case may be shall state that the certificate holder concerned may make representations to the Council in relation to the suspension or the proposal to revoke or suspend, as the case may be, not later than 21 days after the notification.

(7) If after the expiration of 21 days from the notification under subsection (5), and having considered any representations made to it under subsection (6), the Council decides—

(a) to continue the suspension of or revoke or suspend, the certificate of suitability, or,

(b) lift the suspension of or revoke or suspend, the certificate of suitability,

it shall notify the certificate holder in writing of its decision.

(8) A certificate holder who receives a notification to which subsection (7)(a) relates 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.

(9) On hearing of an appeal by the certificate holder to whom the decision relates, the District Court may—

(a) make an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (7),

(b) make an order remitting the decision of the Council in relation to matters referred to in subsection (7), with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to the matter, or

(c) make any other order that it considers appropriate.

(10) (a) Where no appeal is made under subsection (8), the decision of the Council shall, except where subsection (4)(a) applies, take effect after the expiry of the period referred to in subsection (8).

(b) Where an appeal is made under subsection (8), the decision of the Council shall, except where subsection (4)(a) applies, stand suspended until the appeal is determined or withdrawn.

115. Liability.

115.—The grant or renewal of a grant of a certificate of suitability under this Part by the Council shall not render the Council liable for any act or default of the certificate holder.

116. Transitional.

116.—(1) Notwithstanding anything in this Part, a veterinary premises shall be deemed to have a certificate of suitability granted in respect of it by the Council for a period beginning on the date on which the Council first prescribes matters under section 108 and expiring when a certificate of suitability is first granted in respect of the veterinary premises concerned or 4 years after the date on which the Council first prescribes matters under section 108, whichever first occurs.

(2) The certificate of suitability deemed to have been issued under subsection (1) shall be deemed to have been so issued to the registered person who carries on the practice of veterinary medicine or veterinary nursing, as the case may be, at the premises.

(3) If more than one person carries out the practice of veterinary medicine or veterinary nursing, as the case may be, at a premises and a question arises as to who is the registered person to whom the certificate of suitability is deemed to have been issued, the matter shall be decided by the Council.

117. Inspection of veterinary premises.

117.—(1) Where an application is made for a grant of a certificate of suitability under this Part, the Council may cause the veterinary premises to be inspected by an authorised officer.

(2) In any other case where the Council considers that it is appropriate, having regard to its functions under this Part, it may cause an authorised officer to inspect a veterinary premises in respect of which a certificate of suitability has been issued, to ensure that—

(a) it complies with matters prescribed under section 108, that apply, and

(b) where a certificate of suitability has been issued with conditions attached, that those conditions are being complied with.

(3) In relation to every inspection carried out by an authorised officer under this section he or she shall, as soon as may be after the inspection—

(a) make a written report of it,

(b) furnish the written report to the Council, and

(c) furnish a copy of the written report to the applicant or the certificate holder, as the case may be.

117A. F46[Non-application of Part 9 to registered persons acting on behalf of State, etc.

117A.—This Part does not apply to a registered person in so far as the registered person is acting, for the time being 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).]

118. False statement.

118.—(1) A person shall not make a statement in writing that is, to the person's knowledge false or misleading in a material respect, in or in relation to—

(a) an application for a grant of a certificate of suitability,

(b) any representations made to the Council under section 113(2) or 114(6).

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

(3) Where a person is convicted of an offence under subsection (2), any certificate of suitability granted to that person or to some other person on whose behalf the convicted person was authorised to act, consequent on the application or representations in relation to which the statement was made, shall be revoked from the date of the conviction.

119. Forged certificate of suitability.

119.—(1) A person shall not forge or fraudulently alter or use or permit the fraudulent alteration or use of a certificate of suitability.

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

120. Register of certificates of suitability.

120.—(1) The Council shall establish and maintain a register of certificates of suitability of every certificate of suitability that it grants under this Part.

(2) There shall be entered in the register of certificates of suitability—

(a) the full name, address and description of the certificate holder,

(b) description of the veterinary premises to which the certificate of suitability refers including its address,

(c) the date on which the certificate of suitability was issued and its expiry date,

(d) any renewals of the certificate,

(e) if appropriate, the class of veterinary premises to which the certificate of suitability refers, and the class of practice of veterinary medicine or veterinary nursing, as the case may be, that may be carried out there,

(f) any conditions attaching to the certificate of suitability,

(g) such other particulars of, or in respect of, the certificate of suitability or the veterinary premises to which it relates as the Council may from time to time prescribe.

(3) Whenever a certificate of suitability, or any conditions that apply to it, is altered or revoked, there shall be entered in the register of certificates of suitability such particulars of the alteration or revocation, as the case may be, as the Council may from time to time direct.

(4) 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 that section, reference is also made to the register of certificates of suitability and with other necessary modifications.

121. Certificate of suitability not transferable.

121.—(1) The holder of a certificate of suitability shall not transfer it to any other person and any such purported transfer shall be void.

(2) A certificate of suitability shall apply to one veterinary premises and shall not be transferred to any other veterinary premises and any such purported transfer shall be void.

122. Obligation to display extract from the register of certificates of suitability.

122.—(1) The Council shall make and issue an extract from the register of certificates of suitability in respect of a veterinary premises to which a certificate of suitability relates, to the certificate holder, on the face of which the Council shall certify it to be such an extract.

(2) An extract referred to in subsection (1) shall be displayed by the certificate holder in a prominent place at the veterinary premises to which it relates.

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

123. Penalties for offences under Part 9.

123.—F47[(1) A person who commits an offence undersection 106, 112, 118, 119or122is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, 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 10 Investigations by Council

124. Appointment of authorised officers of Council.

124.—(1) The Council may appoint in writing, either generally, or in respect of any matter or event, a person to be an authorised officer of the Council for the purposes of this Act, and in this Act referred to as an “authorised officer”.

(2) Every authorised officer shall be furnished with a warrant of appointment as an authorised officer and, when exercising a power conferred on him or her by this Act shall, if requested by a person affected by this Part, produce the warrant or a copy of it to that person.

(3) An appointment under this section shall cease—

(a) where it is made for a fixed period, on the expiration of that period or upon revocation by the Council, whichever is earlier,

(b) where the person appointed is a member of the staff of the Council, upon his or her ceasing to be such a member or upon revocation by the Council whichever is earlier, or

(c) in any other case, upon revocation by the Council.

125. Functions of authorised officers.

125.—An authorised officer may—

(a) carry out an investigation at the request of the Council where the Council has reasonable cause to suspect that—

(i) an offence is being committed or has been committed under this Act, or

(ii) a registered person is acting in a manner that constitutes professional misconduct,

(b) in respect of an investigation under paragraph (a), furnish a written report of his or her findings to the Council within 21 days of concluding it,

(c) carry out an inspection of a veterinary premises and furnish a written report under section 117.

126. F48[Power to inspect premises for the purposes of section 125(a) or (c).

126.—(1) An authorised officer, in order to perform his or her functions undersection 125(a)or(c), may do all or any of the following:

(a) enter and inspect, at all reasonable times, a premises in which he or she has reasonable grounds for believing veterinary medicine is carried on or which is otherwise connected with the practice of veterinary medicine;

(b) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts from them, which he or she finds in the course of his or her inspection;

(c) remove any such books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act;

(d) carry out, or have carried out, such examinations, tests, inspections and checks as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act of—

(i) the premises,

(ii) any equipment at the premises,

(iii) any animal remedies at the premises,

(iv) any animals at the premises;

(e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents, or other records (and in the case of documents or records stored in non-legible form, produce to him or her legible reproductions of them) that are in that person’s power or procurement, as he or she may reasonably require for the purpose of his or her functions under this Act;

(f) take samples of any animal remedy or any article used in the practice of veterinary medicine found at the premises for the purposes of analysis and examination;

(g) secure for later inspection any premises or part of any premises in which an animal is or has been kept or where an animal remedy or an article used in the practice of veterinary medicine is found or ordinarily kept, or records, books or documents are found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act;

(h) take possession of or remove from the premises for examination and analysis any animal found on the premises or any animal remedy or article used in the practice of veterinary medicine and detain them for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act.

(2) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(3) An authorised officer shall not, except under a warrant undersection 126Aor with the consent of the occupier, enter a domestic dwelling for the purposes of this section.

(4) In this section andsection 126A—

"premises" means any place, ship or other vessel, aircraft, railway wagon or other vehicle, and includes a container used to transport animal remedies, animals, or equipment used in the practice of veterinary medicine but does not include a State premises within the meaning ofsection 105;

"record" includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(c) a photograph,

and any reference to a copy of a record includes—

(i) in the case of a record to whichparagraph (a)applies, a transcript of the sounds or signals embodied in it,

(ii) in the case of a record to whichparagraph (b)applies, a still reproduction of the images embodied in it, and

(iii) in the case of a record to whichparagraphs (a)and(b)apply, such a transcript together with such a still reproduction;

"vehicle" means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—

(a) part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) a container or skip designed or used for carriage on a vehicle or a trailer designed for use or used with a vehicle.]

126A. F49[Search warrants.

126A.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose ofsection 125(a)or(c)is held at any premises, place or vehicle, the judge may issue a warrant authorising the authorised officer, accompanied if the authorised officer considers it necessary by other authorised officers, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so required, to enter, if need be by reasonable force, the premises, place or vehicle and exercise all or any of the powers conferred on an authorised officer undersection 126.]

127. Power to inspect premises for the purpose of section 125(c).

127.—F50[…]

128. Offences under Part 10.

128.—(1) A person who falsely represents himself or herself to be an authorised officer is guilty of an offence.

(2) A person commits an offence if such person—

(a) obstructs an authorised officer or member of the Garda Síochána in the exercise of a power conferred by section 126,

(b) without reasonable excuse, fails to comply with a request made by an authorised officer or member of the Garda Síochána under section 126,

(c) in purported compliance with such a request, gives information that the person knows is false or misleading.

129. Indemnification of authorised officers, etc.

129.—Where the Council is satisfied that an authorised officer appointed by it, or any other member of the staff of the Council, has discharged his or her duties in relation to the enforcement of the provisions of this Act in good faith, the Council shall indemnify the authorised officer, or such member of the staff of the Council, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

130. Functions of Council on receipt of report of investigation by authorised officer.

130.—(1) The Council shall consider a written report from an authorised officer following his or her investigation under this Part, as soon as possible after receipt of it by the Council.

(2) Following consideration of the written report the Council shall take whatever of the following actions that it considers appropriate—

(a) take no action,

(b) apply to the Registrar, under section 76(1) for an inquiry into the fitness to practise veterinary medicine of the registered person to whom the written report of the authorised officer refers,

(c) if it appears to the Council that any person to whom the written report refers is guilty of an offence, the Council shall direct the Registrar to take specified action and the Registrar shall take such action,

(d) take such other action as it considers appropriate in the circumstances.

(3) For the purposes of subsection (2)(c), specified action to be taken by the Registrar may include referring the matter to the Minister, the Garda Síochána, the Revenue Commissioners, or the Director of Public Prosecutions and, in such a case, the Registrar shall furnish such information, and give such access to and facilities for inspecting and taking any copies of any documents being information or documents in the possession or under the control of the authorised officer, the Council, or the Registrar and relating to the matter in question as the Minister, Garda Síochána, Revenue Commissioners, or Director of Public Prosecutions, as the case may be, may require.

131. F51[Penalties for offences under Part 10.

131.—A person who commits an offence undersection 128is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.]

PART 11 Miscellaneous

132. Adaptation of certain references.

132.—On and from the establishment day, references (however expressed) in any enactment to—

(a) the Veterinary Council constituted under the Veterinary Surgeons Act 1931 shall be construed as references to the Council established under this Act, and

(b) a registered veterinary surgeon, a veterinarian, a veterinary surgeon or any abbreviation or derivative of them shall, unless the context otherwise requires, be construed as a reference to a veterinary practitioner.

133. Regulations.

133.—(1) The Minister may—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed by him or her,

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act.

(2) The Council may by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed by the Council.

(3) Regulations made under this Act in respect of registered persons may apply either generally or by reference to a specified class or classes of registered persons.

(4) Regulations made under this Act in respect of veterinary premises may apply either generally or by reference to a specified class or classes of veterinary premises.

134. Service of documents, etc.

134.—(1) A notice or other document under this Act is to be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in the case of a registered person, at the address of that person contained in the register; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in the case of a registered person, to the address of that person contained in the Register or the Register of Veterinary Nurses as the case may be.

(2) For the purposes of this section, a company within the meaning of the F52[Companies Acts], is to be taken to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is to be taken to be ordinarily resident at its principal office or place of business.

135. Summary proceedings.

135.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister or the Council.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 24 months from the date on which the offence was committed.

136. Offence by body corporate.

136.—Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

137. Expenses of Minister.

137.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.