Veterinary Surgeons' Qualifications (European Recognition) Order 2003

Made: 13th November 2003

Laid before Parliament: 25th November 2003

Coming into force: 17th December 2003

At the Court at Buckingham Palace, the 13th day of November 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of Her powers under section 2(2) of the European Communities Act 1972 is pleased, by and with the advice of Her Privy Council, to make the following Order:

Citation and commencement

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This Order may be cited as the Veterinary Surgeons' Qualifications (European Recognition) Order 2003 and shall come into force on 17 December 2003.

Interpretation

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Registration under section 5A

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Registration under section 5B

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Disqualifying decision

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Referral to the preliminary investigation committee

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Referral to the disciplinary committee

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Removal of name from the register

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Notification of decision

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Rights of nationals of member States to render veterinary services in the United Kingdom temporarily

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Disciplinary provisions affecting practitioners who render services while visiting the United Kingdom temporarily

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Amendment of the Act

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The Veterinary Surgeons Act 1966 is amended in accordance with the Schedule.

Revocations

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The following are revoked—

• (a) Veterinary Surgeons Qualifications (EEC Recognition) Order 1980 ;

• (b) Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982 ;

• (c) Veterinary Surgeons Qualifications (EEC Recognition) (Spanish and Portuguese Qualifications) Order 1987;

• (d) Veterinary Surgeons Qualifications (EEC Recognition) (German Democratic Republic Qualifications) Order 1991 ;

• (e) Veterinary Surgeons Qualifications (EEC Recognition) (Amendment) Order 1993 .

SCHEDULE — Amendments to the Veterinary Surgeons Act 1966

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In section 2 (register of veterinary surgeons), in subsection (2), for paragraph (a) there is substituted—

(a) one, to be called the general list, of persons entitled to be registered in the register under section 3, 4, 5A or 5B of this Act;

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After the new section 5C, there is inserted—

(5D) (1) The Council shall set up a committee of the Council to be known as the registration appeals committee which shall be charged with considering and determining appeals under section 5C(1) of this Act. (2) The registration appeals committee shall consist of five members of the Council, not more than three of whom shall be members of the College. (3) The quorum for a meeting of the registration appeals committee shall be three, not more than two of whom shall be members of the College. (4) The Council shall make rules relating to the appointment of members of the registration appeals committee, the constitution of that committee and the procedure to be followed in relation to appeals to that committee, including provision as to any rules of evidence to be observed in such appeals.

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In section 6 (qualification for registration as a Commonwealth or foreign practitioner) for subsection (6) there is substituted—

(6) No person shall be registered under this section if he is entitled to be registered under section 5A or 5B of this Act.

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Section 27(1) (interpretation) is amended as follows—

• (a) The definition of “Commonwealth qualification” and “foreign qualification” is omitted.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• The following definitions are inserted in the appropriate places in alphabetical order—

• ...

• “registration appeals committee” means the committee of the Council referred to in section 5D of this Act;

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Signed

A. K. Galloway — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

1This Order, made under section 2(2) of the European Communities Act 1972, implements the provisions of Directive 2001/19/EC of the European Parliament and of the Council (O.J. L206, 31/7/2001) relating to the mutual recognition of veterinary qualifications. By virtue of the Agreement on the European Economic Area (“EEA”) (O.J. L 001, 3/1/1994) and of the Agreement between the EEA and Switzerland on the free movement of persons (O.J. L114, 30.4.2002), these provisions apply to EEA States and to Switzerland. The Order comes into force on 17 December 2003.

2This Order amends the Veterinary Surgeons Act 1966 and revokes the Veterinary Surgeons Qualifications (EEC Recognition) Order 1980 (S.I. 1980/1951). Provisions previously contained in that Order are reproduced, with some amendments, in this Order.

3The effect of the Order is to implement the provisions of Directive 2001/19/EC and to extend them to all states in the EEA and to Switzerland. It also provides for all veterinary qualifications, training and experience acquired by applicants for registration who are EEA or Swiss nationals to be taken into account, whether these have been obtained in the EEA or Switzerland or elsewhere (in a new section 5B of the Act, inserted by paragraph 3 of the Schedule to the Order).

4Articles 3 to 11 contain provisions on the effect of disqualification in other states on registration in the United Kingdom and on the rights of EEA and Swiss nationals to render veterinary services temporarily in the United Kingdom.

5Article 12 and the Schedule to the Order amend the Act as follows:• a new section 5A provides that EEA and Swiss nationals with the qualifications set out in the new Schedule 1A to the Act are entitled to be registered with the Royal College of Veterinary Surgeons and to become members of the College (paragraphs 2 and 8 of the Schedule);• a new section 5B provides for the consideration of applications from EEA and Swiss nationals with other qualifications, training and professional experience (paragraph 3 of the Schedule);• a new section 5C provides a system of appeal if an application is refused or a decision on the application is not reached within the stipulated period (paragraph 4 of the Schedule);• a new section 5D provides for the setting up of a registration appeals committee (paragraph 5 of the Schedule);• consequential amendments to section 6(6) of the Act (which relates to Commonwealth and foreign qualifications) and to section 27 of the Act (interpretation provisions) are made by paragraphs 6 and 7 of the Schedule;• a new Schedule 1A listing recognised European qualifications in veterinary surgery. is substituted (paragraph 8 of the Schedule to the Order).

6Article 13 of the Order revokes the Veterinary Surgeons Qualifications (EEC Recognition) Order 1980 (S.I. 1980/1951) and other statutory instruments which have previously amended the Act: the Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982 (S.I. 1982/1076); the Veterinary Surgeons Qualifications (EEC Recognition) (Spanish and Portuguese Qualifications) Order 1987 (S.I. 1987/447); the Veterinary Surgeons Qualifications (EEC Recognition) (German Democratic Republic Qualifications) Order 1991 (S.I. 1991/1218) and the Veterinary Surgeons Qualifications (EEC Recognition) (Amendment) Order 1993 (S.I. 1993/596).

7A transposition note setting out how the main relevant elements of the Directive are transposed into law has been placed in the libraries of both Houses of Parliament. Copies are also available from the Department of Environment, Food and Rural Affair’s Animal Health and Welfare Division, Room 602, 1A Page Street, London SW1P 4PQ.

8A regulatory impact assessment has not been prepared in respect of this Order.

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: 1966 c. 36.

[^f00003]: For the EEA Agreement, see O.J. L 001, 3/1/1994; for Decision 84/2002 of the EEA Joint Committee, see O.J. L266 p47; for Directives 78/1026 and 78/1027, see O.J. L 362, 23/12/1978, pp 1-6 and pp 7-9; for Directive 2001/19/EC, see O.J. L 206, 31/7/2001. The Recognition Directive and the Training Directive apply to members of the European Economic Area by virtue of article 30 and by paragraphs 12 and 13 of Annex VII of the EEA Agreement. The Directives apply to Switzerland by virtue of the Agreement between the EC and Switzerland on the free movement of persons: O.J. L114, 30.4.2002 (see article 9 and annex III, section A, paragraphs 11 and 12).

[^f00004]: S.I. 1980/1951.

[^f00005]: S.I. 1982/1076.

[^f00006]: S.I. 1987/447.

[^f00007]: S.I. 1991/1218.

[^f00008]: S.I. 1993/596.

[^f00009]: For the EEA Agreement, see O.J. L 001, 3/1/1994; for Decision 84/2002 of the EEA Joint Committee, see O.J. L266 p47; for Directives 78/1026 and 78/1027, see O.J. L 362, 23/12/1978, pp 1-6 and pp 7-9; for Directive 2001/19/EC, see O.J. L 206, 31/7/2001. The Recognition Directive and the Training Directive apply to members of the European Economic Area by virtue of article 30 and by paragraphs 12 and 13 of Annex VII of the EEA Agreement. The Directives apply to Switzerland by virtue of the Agreement between the EC and Switzerland on the free movement of persons: O.J. L114, 30.4.2002 (see article 9 and annex III, section A, paragraphs 11 and 12).

Editorial notes

[^c5096871]: 1972 c. 68.

[^c5096901]: S.I. 1980/1951.

[^c5096911]: S.I. 1982/1076.

[^c5096921]: S.I. 1987/447.

[^c5096931]: S.I. 1991/1218.

[^c5096941]: S.I. 1993/596.

[^key-38587623f41591ed3406faa1cd7e006a]: Arts. 2-11 revoked (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), regs. 1, 3(1)(a) (with reg. 4)

[^key-d5cb4160da255cb7b57904faa46dfa4b]: Sch. paras. 2-4 revoked (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), regs. 1, 3(1)(b) (with reg. 4)

[^key-12411359876ab99bedbf6977bc99cfb4]: Sch. para. 7(b) revoked (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), regs. 1, 3(1)(b) (with reg. 4)

[^key-b2744105571303e22375e2837aa371d7]: Words in Sch. para. 7(c) revoked (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), regs. 1, 3(1)(c) (with reg. 4)

[^key-4d27742a6931fc2b6481e76c13816b06]: Sch. para. 8 revoked (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), regs. 1, 3(1)(b) (with reg. 4)