Veterinary Practice Act 2005 (2005_act_22) | IE

ISB Act 2005-07-12

Schedule 1 Veterinary Practice Act 2005 Open official source

SCHEDULE 1

Section 4.

PART 1 Acts Repealed

PART 1

Acts Repealed

Number and Year 1

Number and Year

1

Short Title 2

Short Title

2

Extent of Repeal 3

Extent of Repeal

3

No. 36 of 1931

Veterinary Surgeons Act 1931

The whole Act

No. 18 of 1952

Veterinary Surgeons Act 1952

The whole Act

No. 34 of 1960

Veterinary Surgeons Act 1960

The whole Act

PART 2 Enactments Revoked

Enactments Revoked

Number and Year 1

Number and Year

1

Citation 2

Citation

2

Extent of Revocation 3

Extent of Revocation

3

S.I. No. 288 of 2003

The whole Regulations

European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations 2003

S.I. No. 265 of 2004

The whole Regulations

European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations 2004

ISB Act 2005-07-12

Schedule 2 Veterinary Practice Act 2005 Open official source

SCHEDULE 2 Council: Seal, Elections, Membership, Chair and Meetings

SCHEDULE 2

Council: Seal, Elections, Membership, Chair and Meetings

Section 12.

1. In this Schedule, except where the context otherwise requires, “member” means a member of the Council, including the President of the Council and Deputy President of the Council elected under paragraph 16.

Seal

2. The Council shall provide itself with a seal as soon as possible after it is established.

3. The seal of the Council shall be authenticated by the signature of—

(a) the President of the Council or another member of the Council authorised by it to act in that behalf, and

(b) the Registrar or another member of the staff of the Council authorised by it to act in that behalf.

4. Judicial notice shall be taken of the seal of the Council and every document purporting to be an instrument made by the Council and to be sealed with the seal of the Council (purporting to be authenticated in accordance with paragraph 3) shall be received in evidence and taken to be such instrument without proof unless the contrary is shown.

5. Any contract or instrument which would not require to be under seal if entered into or executed by a person not being a body corporate, may be entered into or executed on behalf of the Council by any person generally or specially authorised by the Council in that behalf.

Elections

6. If an election of persons to be nominated for appointment by the Minister under paragraph (h) or (i) of section 16(1) as members to the Council is contested—

(a) a poll shall be taken and each elector shall have the same number of votes as there are positions in relation to which such nominations can be made,

(b) an elector shall not cast more than one vote for any candidate.

7. Where, at an election referred to in paragraph 6, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be nominated for appointment.

Membership

8. A member (other than the President of the Council) may resign from office as a member at any time by notice in writing to the President of the Council and the resignation shall take effect on receipt of the notice by the President of the Council.

9. A registered person shall cease to be a member on his or her ceasing to be a registered person.

10. Any member of the Council who is absent from 3 consecutive meetings of the Council, but taking no account of any meeting held pursuant to paragraph 19, shall cease to be a member unless the absence was due to illness or was approved of by the Council.

11. Where a member of the Council resigns or otherwise ceases to be a member, the Council shall, as soon as practicable, notify the Minister of that fact.

12. (1) Subject to subparagraph 2, a member shall not be appointed to serve more than 2 consecutive terms of office.

(2) Any term of office as a first member of the Council, shall not be included for the purposes of subparagraph 1.

13. Where a casual vacancy occurs in the membership of the Council, the Council shall, as soon as practicable notify the Minister and the following shall apply—

(a) where a vacancy relates to a person who was appointed by virtue of paragraph (a), (b) or (c) of section 16(1), the Minister shall appoint a person to be a member of the Council who is a person to whom the relevant paragraph relates,

(b) where the vacancy relates to a person who was appointed by virtue of paragraph (d), (e), (f) or (g) of section 16(1), the Minister shall appoint a person to be a member of the Council who is a person duly nominated by the person or body concerned or, where no person is so nominated, the Minister shall appoint a person to be a member of the Council in accordance with section 17(2),

(c) where the vacancy relates to a person who was appointed by virtue of paragraph (h) or (i) of section 16(1), the Minister shall appoint a person duly elected for such appointment in accordance with rules made under section 18.

14. (a) The Minister may at any time remove from office for stated reasons any member of the Council appointed under paragraph (a), (b) or (c) of section 16(1).

(b) Where requested by the person, body or bodies which made the nomination under paragraph (d), (e), (f) or (g) of section 16(1), the Minister may, where he or she considers it appropriate, remove from office any member of the Council appointed to which that nomination relates.

15. A vacancy arising by the death, resignation or removal from office of a member shall be filled by the appointment of an eligible person in accordance with this Act, to hold office for the unexpired period of the term of office of the person whose ceasing to be a member caused the vacancy.

President of Council and Deputy President of Council

16. (1) The Council shall elect from among its members—

(a) a chairperson, who shall be known as the President of the Veterinary Council of Ireland and in this Schedule is referred to as the “President of the Council”,

(b) a deputy chairperson, who shall be known as the Deputy President of the Veterinary Council of Ireland and in this Schedule is referred to as the “Deputy President of the Council”.

(2) Subject to section 19, and this Schedule, the President of the Council and Deputy President of the Council shall each hold office for such term as may be specified by the Council at the time of his or her appointment, unless—

(a) he or she ceases to be, or becomes disqualified from being, a member,

(b) he or she resigns the office of President of the Council or Deputy President of the Council, or

(c) the Council by a resolution, of which not less than 7 days notice of the intention to propose is given to each member and for which not less than two-thirds of the members vote, removes the President of the Council or Deputy President of the Council as President or Deputy President, as the case may be.

(3) (a) The President of the Council or Deputy President of the Council may at any time resign from office as President or Deputy President, as the case may be, by notice in writing given to the Council and the resignation shall take effect—

(i) where such notice is given at a meeting upon the notice in writing being so given, and

(ii) in any other case, on the date of the meeting of the Council next held after the receipt by the Council of the notice.

(b) The Council shall, as soon as practicable, notify the Minister of a resignation to which this subparagraph relates.

(4) Where, at an election for the President of the Council or Deputy President of the Council, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be elected to the office concerned.

Meetings

17. (1) The Minister shall fix the date, time and place of the first meeting of the Council.

(2) The Council shall hold at least 4 meetings in each year and such and so many other meetings and at such times as the President of the Council may determine are necessary for the proper performance of its functions.

(3) If the Minister requests that the Council meet to consider a matter that, in the opinion of the Minister is of urgent public concern, it shall do so as soon as may be following the request.

18. The quorum for a meeting of the Council shall be—

(a) where there is no vacancy in its membership, 10 members,

(b) where there are not more than 2 vacancies in its membership, 9 members,

(c) where there are more than 2 but not more than 4 vacancies in its membership, 8 members,

(d) where there are more than 4 but not more than 6 vacancies in its membership, 7 members, and

(e) where there are more than 6 vacancies, such number of members as the Minister shall direct.

19. (1) The Registrar, or in his or her absence the President of the Council, shall convene a meeting of the Council when requested so to do by not less than 10 members.

(2) If the Registrar, or in his or her absence the President of the Council, refuses to convene a meeting of the Council under subparagraph (1), any 5 members may convene a meeting of the Council as soon as practicable.

(3) If the Registrar, or in his or her absence the President of the Council, without refusing, does not, within 7 days after a request for that purpose has been made to him or her under subparagraph (1), convene a meeting of the Council, any 5 members may, on the expiration of that period, convene a meeting of the Council.

20. (1) At least 3 days before a meeting of the Council, notice of the time and place of the meeting shall be sent to each member of the Council signed—

(a) by the Registrar, President of the Council or Deputy President of the Council, or

(b) if the meeting is convened by members, by those members.

(2) If the meeting is convened by members, the notice convening the meeting shall specify the business to be transacted at that meeting.

21. At a meeting of the Council—

(a) if present, the President of the Council shall chair the meeting, or

(b) if and so long as the President of the Council is not present, or if the office is vacant, the Deputy President of the Council, if present, shall chair the meeting,

(c) in any other case the members present shall choose one of their number to chair the meeting.

22. Minutes of the proceedings of all meetings of the Council shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the person chairing the next such meeting.

23. The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.

24. Subject to paragraphs 16 and 18—

(a) at a meeting of the Council every act of the Council and every question coming before the Council shall be determined by a majority of the votes of members (including the person chairing the meeting) present and voting in relation to the act or question, and

(b) in the case of an equal division of votes on any question arising at a meeting of the Council (other than the election of the President of the Council or Deputy President of the Council) the President of the Council or other person chairing the meeting shall have a second or casting vote.

25. Subject to paragraph 18, the Council may act notwithstanding one or more than one vacancy among its members or any deficiency in the appointment of a member which may subsequently be discovered.

ISB Act 2005-07-12

Schedule 3 Veterinary Practice Act 2005 Open official source

SCHEDULE 3 Mutual Recognition and Establishment of Services

SCHEDULE 3

Mutual Recognition and Establishment of Services

Section 43.

PART 1 Interpretation

PART 1

Interpretation

1. In this Schedule “application” means an application for registration under section 43.

PART 2 Provisions to Apply to Applications under Mutual Recognition Requirements of the European Union

PART 2

Provisions to Apply to Applications under Mutual Recognition Requirements of the European Union

Section 43(6).

1. Subject to paragraph 3, the Council shall determine the application as soon as possible, and in any event within 3 months after receiving all documents prescribed under section 52 or required under section 43.

2. The Council may require of the competent authorities of the home relevant State—

(a) confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that state and referred to in Chapters II and III of the Mutual Recognition Directive,

(b) confirmation that the applicant concerned has fulfilled any training requirements specified in Council Directive 78/1027/EEC of 18 December 1978.

3. The Council is designated to be the competent authority in the State to issue and receive the following for the purposes of the Mutual Recognition Directive under the Articles of that Directive referred to as follows

(a) certificates under paragraph 1 of Article 6;

(b) documents under paragraph 2 of Article 6;

(c) information under paragraph 3 of Article 6;

(d) information under paragraphs 1 and 2 of Article 7;

(e) certificates under Article 8;

(f) information under paragraph 1 of Article 12;

(g) declarations under paragraph 2 of Article 12;

(h) certificates under paragraph 3 of Article 12;

(i) information under Article 15.

4. The Council shall—

(a) be the competent authority in the State in respect of the requirements to be fulfilled under paragraph 3 of Article 6 and under paragraph 2 of Article 7 of the Mutual Recognition Directive, and

(b) ensure the confidentiality of any information issued or received under Articles 6 and 7 of that Directive.

5. Where the Council gives information to another relevant state under paragraph 3 of Article 6 or paragraph 2 of Article 7 of the Mutual Recognition Directive, the following provisions shall apply

(a) the 3 month period referred to in paragraph 1 is extended by the period equal to the period beginning on the day on which information is given to the other relevant state and ending on the day on which the other relevant state gives its reply, or 3 months, whichever is shorter; and

(b) where the other relevant state does not give its reply within the period specified in paragraph 2 of Article 10 of the Mutual Recognition Directive, and the information relates to an application, then if, having regard to and only to the information given by it, the Council is of the opinion that the person making the application does not comply with subsection (2)(c) or (5)(a) of section 43, the Council shall refuse the application.

6. Prior to registering an applicant under section 43, the Council may require him or her to make a declaration that complies with Article 11 of the Mutual Recognition Directive.

7. The Council may register the applicant subject to a condition requiring him or her, when using any academic title or status or other qualification specified by the Council, being an academic title or status or other qualification which is relevant to the application, to indicate by whom it was conferred or awarded.

8. Where the Council is of opinion that the academic title or other qualification or status to which any diploma, certificate or other document on which an application is grounded is capable of being understood as indicating that a person entitled to use such title or qualification has pursued a programme of education other than that which he or she has in fact undergone, the Council may make it a condition of registration that the person concerned shall use the title, qualification or status in a manner directed by the Council.

9. Where a condition is attached by the Council under this Schedule and there is failure by the person to whom the condition relates to comply with the condition, the Council, if it thinks fit, may—

(a) direct that, during such period as shall be specified in the direction, his or her registration shall not have effect, or

(b) remove his or her name from the Register.

10. The Council shall ensure that an applicant has required linguistic skills in accordance with paragraph 3 of Article 14 of the Mutual Recognition Directive.

11. The Council and a provider of a programme of education shall satisfy themselves that the requirements of Article 1 of Council Directive 78/1027/EEC of 18 December 1978 have been complied with by any person on whom it is proposed to confer a qualification under this Act.

12. In considering an application under section 43(3), the Council, for the purpose of reaching a determination in respect of the application, shall take into account any training undergone or experience gained in a relevant state or third country.

PART 3 Provisions to Apply to Applications that Relate to Establishment of Services

PART 3

Provisions to Apply to Applications that Relate to Establishment of Services

Section 43(9).

1. The Council shall not consider any document furnished to it for the purposes of section 43(7)(c) where the document has been issued by the relevant state concerned more than 12 months before being furnished to the Council for the purposes of that section.

2. (1) Subject to subparagraph (2), documents referred to in section 43(7)(c) shall be furnished to the Council no later than 15 days before the first day, as notified by the applicant to the Council, on which the applicant intends to provide such services.

(2) If the applicant cannot furnish the documents referred to in section 43(7)(c) but he or she satisfies the Council that there are compelling reasons why he or she should commence providing services on the day as notified by the applicant, as being the first day on which he or she intends to provide such services, then the documents may be furnished to the Council within 15 days after that day.

3. No fee shall be payable to the Council in respect of the application, and sections 54 and 58 shall not apply to the applicant during the period beginning on the day that his or her application is received and ending on the day that the Council decides whether or not to register the applicant.

4. Where a certificate, described in the second indent of paragraph 3 of Article 12 of the Mutual Recognition Directive is issued by the Council and, within a period of 1 year from the date of issue of the certificate the name of the person is duly removed from the Register in accordance with Part 7 or section 51, the Council shall immediately so inform the competent authority of each relevant state.

ISB Act 2005-07-12

Schedule 4 Veterinary Practice Act 2005 Open official source

SCHEDULE 4 Education Committee, Preliminary Investigation Committee and Fitness to Practise Committee: — Membership, Chair and Meetings

SCHEDULE 4

Education Committee, Preliminary Investigation Committee and Fitness to Practise Committee: — Membership, Chair and Meetings

Sections 62(6), 70(4) and 71(6).

1. (1) In this Schedule, except where the context otherwise requires—

“member” means a member of the Committee, including the chairperson;

“Committee” means the Education Committee, Preliminary Investigation Committee or the Fitness to Practise Committee.

(2) Paragraphs 12 to 16 and paragraph 19 do not apply to the Preliminary Investigation Committee or the Fitness to Practise Committee.

Membership

2. (1) Subject to subparagraph (2), the Council may from time to time, remove from office, for stated reasons, a member including the chairperson.

(2) The chairperson of the Fitness to Practise Committee may only be removed from office by the Council with the prior consent in writing of the Minister.

3. A member (other than the chairperson) may resign from office as a member at any time by notice in writing to the chairperson and the resignation shall take effect on receipt of the notice by the chairperson.

4. A registered person shall cease to be a member on his or her ceasing to be a registered person.

5. Any member (including the chairperson) who is absent from 3 consecutive meetings of the Committee, but taking no account of any meeting held pursuant to paragraph 14, shall cease to be a member unless the absence was due to illness or was approved of by the Committee.

6. (1) Subject to sections 62(5) and 73(1), each member's term of office, unless the member dies, resigns or becomes disqualified, shall not exceed the term in office of the Committee concerned.

(2) (a) Subject to clause (b), a member shall not serve more than 2 consecutive terms of office.

(b) A term of office as a member of the first Committee shall not be included for the purposes of clause (a).

(3) The terms of office referred to in subparagraph (2) shall include any term of office as chairperson.

7. A member is to be taken to have vacated his or her office if the member—

(a) dies,

(b) is an undischarged bankrupt,

(c) makes a composition or arrangement with creditors,

(d) becomes mentally incapacitated,

(e) on conviction on indictment by a court of competent jurisdiction, is sentenced to a term of imprisonment,

(f) resigns the office under paragraph 3,

(g) ceases to be registered under Part 4 or 8, or

(h) is disqualified or restricted from being a director of a company.

Chairperson of Education Committee

8. (a) The Education Committee shall from time to time elect from among its members a chairperson.

(b) The Education Committee shall from time to time elect from among its members a deputy chairperson.

9. The chairperson and deputy chairperson elected under paragraph 8 shall each hold office for such term as may be specified by the Education Committee at the time of his or her appointment, unless—

(a) he or she ceases to be, or becomes disqualified from being, a member,

(b) he or she resigns the office of chairperson or deputy chairperson, or

(c) the Committee by a resolution, of which not less than 7 days notice of the intention to propose is given to each member and for which not less than two-thirds of the members vote, removes the chairperson or deputy chairperson as chairperson or deputy chairperson.

10. Where, at an election of the chairperson or deputy chairperson of the Education Committee, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be chairperson or deputy chairperson.

Resignation of Chairperson of Education Committee or Fitness to Practise Committee

11. (1) The chairperson or deputy chairperson of the Education Committee or the Fitness to Practise Committee, may at any time resign from office as chairperson or deputy chairperson as the case may be, by notice in writing given to the Committee and the resignation shall take effect—

(a) where such notice is given at a meeting, upon the notice in writing being so given, and

(b) in any other case, on the date of the meeting of the Committee next held after the receipt by the Committee of the notice.

(2) Where the chairperson of the Fitness to Practise Committee gives notice under subparagraph (1), then—

(a) he or she shall give notice also to the Registrar, and

(b) shall cease to be a member of that Committee upon the notice taking effect.

(3) The Registrar shall, as soon as practicable, inform the Minister of the resignation of the chairperson of the Fitness to Practise Committee.

Meetings

12. (1) The Council shall fix the date, time and place of the first meeting of each new Committee.

(2) The Committee shall hold at least 4 meetings in each year and such and so many other meetings and at such times as the chairperson may determine are necessary for the proper performance of its functions by the Committee.

13. The quorum for a meeting of the Committee shall be 4.

14. (1) The Registrar, or in his or her absence the chairperson, shall convene a meeting of the Committee when requested so to do by not less than 6 members.

(2) If the Registrar, or in his or her absence the chairperson, refuses to convene a meeting of the Committee under subparagraph (1), any 5 members may convene a meeting of the Committee as soon as practicable.

(3) If the chairperson, without refusing, does not, within 7 days after a request for that purpose has been made to him or her under subparagraph (1), convene a meeting of the Committee, any 5 members may, on the expiration of that period, convene such a meeting.

15. (1) At least 3 days before a meeting of the Committee notice of the time and place of the meeting shall be sent to each member of the Committee signed—

(a) by the chairperson, or

(b) if the meeting is convened by members, by those members.

(2) If the meeting is convened by members, the notice convening the meeting shall specify the business to be transacted at that meeting.

16. At a meeting of the Committee—

(a) if present, the chairperson shall chair the meeting, or

(b) if and so long as the chairperson is not present, or if the office of chairperson is vacant, the deputy chairperson, if present, shall chair the meeting, or

(c) in any other case, the members who are present shall choose one of their number to chair the meeting.

17. Minutes of the proceedings of all meetings of the Committee shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the person chairing.

18. The names of all members present at a meeting of the Committee shall be recorded in the minutes of the proceedings of the meeting.

19. Subject to paragraph 10 and 13—

(a) at a meeting of the Education Committee every act of the Education Committee and every question coming before the Education Committee shall be determined by a majority of the votes of members (including the chairperson) present and voting in relation to the act or question, and

(b) in the case of an equal division of votes on any question arising at a meeting of the Education Committee (other than the election of the chairperson or deputy chairperson) the chairperson or other person presiding at that meeting shall have a second or casting vote.

20. Subject to paragraph 13, the Committee may act notwithstanding one or more than one vacancy among its members or any deficiency in the appointment of a member which may subsequently be discovered.

21. Subject to this Act, the Committee may from time to time make such standing orders as it thinks fit for the regulation of its proceedings and may amend or revoke such standing orders.

Veterinary Practice Act 2005

Statutory Text (4 Articles)

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