S.I. No. 66/1988 - Veterinary Surgeons Order, 1988.

1. Every candidate shall be nominated in writing and shall be proposed and seconded respectively by two registered veterinary surgeons resident in the State and entitled to vote at the election, and every such nomination shall be signed by the candidate and by his proposer and his seconder.

2. Every person entitled to vote at an election shall be entitled to vote for as many candidates as there are vacancies to be filled at such election and no more.

3. The returning officer shall send a voting paper by post to every person entitled to vote at the election but the failure to send a voting paper to any such person shall not invalidate the election.

4. Any person entitled to vote at the election to whom a voting paper is not sent by the returning officer shall be entitled to obtain a voting paper on application therefor to the returning officer.

5. Persons entitled to vote at the election shall send by post or otherwise or deliver their voting papers to the returning officer at the address given by him for the purpose.

6. On the day and at the time and place appointed for the purpose by the returning officer the votes cast by voting papers received by the returning officer before that day shall be counted in the presence of the returning officer by a chartered or other qualified auditor appointed by the returning officer.

7. Where at an election there are one or more casual vacancies to be filled, the elected person who receives the greatest number of votes shall be deemed to have been elected to fill the vacancy which is not a casual vacancy, and the other elected person or persons shall be deemed to have been elected to fill the said casual vacancy or vacancies and, if more than one, on the basis that the person receiving the greater number of votes is elected to fill the vacancy having the greater term of office unexpired.

8. Where at an election any two persons receive an equal number of votes, that one of them whose name was first entered on the register shall be deemed to have received the higher number.

9. Votes cast by voting papers received by the returning officer on or after the day appointed by him for the counting of the votes shall not be counted.

10. The method of sending, receiving and counting voting papers shall be such as to secure the secrecy of the voting.

11. Every candidate shall be entitled to be present at the counting of the votes and no other person shall be present without the consent of the returning officer.

12. When the counting of the votes is completed the returning officer shall send the name or names of the person or persons elected and such other particulars relating to the election as may be required under this order in writing signed by him to the Council.

GIVEN under the Official Seal of the Government, this 12th day of April 1988.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order confirms a new Agreement on Veterinary Surgeons between this country and the United Kingdom. The new Agreement terminates as from 31 May, 1988 the existing arrangements under the previous (1972) Agreement for holders of Irish veterinary degrees to obtain, in addition to registration in the Irish Veterinary Register, registration in the United Kingdom Register; for Irish representation on the Council of the Royal College of Veterinary Surgeons; for representation of the latter on committees of inquiry set up by the Irish Veterinary Council in disciplinary cases and for other incidental matters. However, the new Agreement provides for the retention of membership of the Royal College of Veterinary Surgeons by those veterinary surgeons on the Irish Register who had obtained it before 31 May, 1988. Mutual recognition of veterinary qualifications as between Ireland and the U.K. is now provided for under Directives of the European Communities.

The Order also provides for the reconstitution of the Irish Veterinary Council, which will consist of twelve elected members and five appointed members. Of the latter, three shall be appointed by the Minister for Agriculture and Food, of whom two shall not be registered veterinary surgeons and two by University College Dublin as the degree-awarding institution, of whom at least one shall be a registered veterinary surgeon.

The Order also provides for certain consequential changes relating to the quorum for Council meetings and the election of members of the Council.

13. On the revocation, pursuant to Article 5(2) of the scheduled agreement, of the agreement set forth in the schedule to the Veterinary Surgeons (Confirmation of Agreement) Order, 1972 (

S.I. No. 319 of 1972

)—

(

a

) section 12 of the Act of 1931 shall cease to have effect;

(

b

) sub-section 2 of section 19 of the Act of 1931 shall cease to have effect;

(

c

) Article 3(1) (

a

) of the Veterinary Surgeons (Confirmation of Agreement) Order, 1972 (

S.I. No. 319 of 1972

) shall cease to have effect;

(

d

) paragraph (

a

) of sub-section 1 and sub-sections 2 and 3 of section 31 of the Act of 1931 shall cease to have effect;

(

e

) section 32 of the Act of 1931 shall have effect as if the words "( other than the United Kingdom of Great Britain and Northern Ireland)" in sub-section (2) were deleted;

(

f

) (i) sub-paragraphs (

b

) and (

c

) of section 33 of the Act of 1931 shall cease to have effect;

(ii) sub-paragraph (

d

) of section 33 of the Act of 1931 shall have effect as if the words "The Royal College of Veterinary Surgeons or by" were deleted;

(

g

) section 35 of the Act of 1931 shall have effect as if—

(i) in sub-section (1) the words "and is not registered in the general veterinary register" were deleted,

(ii) sub-section (2) were deleted,

(iii) the words "either of" in sub-section (3) were deleted and

(iv) the word "sub-section" were substituted for the word "sub-sections" in sub-section 3;

(

h

) section 36 (as substituted by the

Veterinary Surgeons Act, 1960

) of the Act of 1931 shall have effect as if—

(i) the words "(other than a committee appointed under the Agreement)" in sub-section (1) were deleted and

(ii) sub-sections (2) and (3) were deleted;

Section 41 of the Act of 1931 shall have effect as if the following were substituted for sub-section (3)

"(3) The Council shall arrange the names contained in the Veterinary Register in two lists, of which the first shall contain the names of those persons registered under the provisions of Section 31 and the second shall contain the names of foreign practitioners (as defined in Section 32), and the Council may sub-divide the last mentioned into such and so many sub-lists as they may think fit".

FIRST SCHEDULE

AGREEMENT

BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE UNITED KINGDOM WITH RESPECT TO VETERINARY SURGEONS.

The Government of Ireland and the Government of the United Kingdom hereby agree as follows

ARTICLE 1

Interpretation

In this Agreement—

"the Act" means the Veterinary Surgeons Act 1966 of the United Kingdom (1966 c.36);

"the 1972 Agreement" means the Agreement between the Government of Ireland and the Government of the United Kingdom with respect of Veterinary Surgeons of 1st December 1972 set out in the Schedule to the Veterinary Surgeons (Confirmation of Agreement) Order, 1972 (

S.I. No. 319 of 1972

);

"the College" means the Royal College of Veterinary Surgeons

"the Council" means the Council of the College;

"the Irish Council" means the Veterinary Council in Ireland constituted by the

Veterinary Surgeons Act, 1931

(No. 36 of 1931);

"member" means a member of the College;

"membership year" means the membership year of the College running from the 1st day of April to the 31st day of March;

"the register" means the United Kingdom register of Veterinary Surgeons; and

"the Irish register" means the register of Veterinary Surgeons for Ireland.

ARTICLE 2

Representation of Ireland on the Council

Any person who—

(

a

) holds office as a member of the Council on 30th May 1988, and

(

b

) acquired his office by virtue of article 2 (2) (

a

) or (

c

) of the 1972 Agreement,

shall cease to hold such office on 31st May 1988.

ARTICLE 3

Fees

(1) Any person—

(

a

) upon whom the degree of Bachelor in or of Veterinary Medicine (MVB) has been conferred by the University of Dublin or by the National University of Ireland or to whom the Diploma of membership of the College (MRCVS) has been awarded as a result of an examination following a full course of study at either of the said universities or at the Veterinary College of Ireland; and

(

b

) who, as a result of the conferment of that degree or diploma, was registered in the register and became a member before 31st May 1988, shall not be required to pay a fee in respect of his membership of the college in any year provided that, during that year, his sole or principal place of practice of veterinary surgery is within the area of jurisdiction of the Irish Council.

(2) Any person—

(

a

) upon whom a qualification in veterinary surgery has been conferred outside the area of jurisdiction of the Irish Council;

(

b

) who, as a result of the conferment of that qualification, was registered in the register and became a member before 31st May 1988; and

(

c

) who was resident in and was practising veterinary surgery within the area of jurisdiction of the Irish Council on that date, shall not be required to pay a fee in respect of his membership of the College in any year provided that, during that year, his sole or principal place of practice of veterinary surgery is within the area of jurisdiction of the Irish Council.

(3) A member who, by virtue of paragraph (1) or (2) above, is not required to pay a fee in respect of his membership of the College may not vote, propose any candidate or stand as a candidate in any election of members of the Council which takes place after 31st May 1988 unless he has paid, in respect of every membership year that has occurred between that date and the date of the election, the fee prescribed by regulation of the Council under section 11(1)(

b

) of the Act, on or before 31st March in every such year.

ARTICLE 4

Allegations of professional misconduct

After the coming into force of this Agreement, if a person who is registered in both the register and the Irish register is alleged to have been guilty of disgraceful conduct in any professional respect then, if such person practices as a veterinary surgeon exclusively within the area of jurisdiction of the Irish Council or such person practises as a veterinary surgeon both within and outside that area and the disgraceful conduct is alleged to have been committed within that area the Irish Council may exercise in relation to such allegation and such person all the powers which it can exercise from time to time in respect of the same type of allegation made against a person who is registered in the Irish register alone.

ARTICLE 5

Entry into Force

(1) This Agreement shall come into force on 31st May 1988.

(2) The 1972 Agreement is revoked.

ARTICLE 6

The Government of Ireland and the Government of the United Kingdom shall, as soon as possible, take such steps as may be necessary under the laws of their respective countries to enable effect to be given to the preceding provisions of this Agreement.

In Witness whereof the undersigned, duly authorised by their respective Governments, have signed this Agreement.

Done in two originals at London this 11th day of April 1988.

For the Government of Ireland

For the Government of the United Kingdom

ANDREW O'ROURKE

TIMOTHY EGGAR.

SECOND SCHEDULE

Rules For The Election of Elected Members of the Council at an Election

S.I. No. 66 of 1988.

VETERINARY SURGEONS ORDER, 1988.

The Government, in exercise of the powers conferred on them by

sections 4

and

5

of the

Veterinary Surgeons Act, 1952

(No. 18 of 1952), and after consultation between the Minister and the Veterinary Council being satisfied that it is necessary to reconstitute the said Council hereby order as follows