Number 22 of 2005

VETERINARY PRACTICE ACT 2005

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

PART 2

Former Council

PART 3

Veterinary Council of Ireland

PART 4

Registration

PART 5

Practice of Veterinary Medicine

PART 6

Veterinary Education and Training

PART 7

Fitness to Practise

PART 8

Veterinary Nurses

PART 9

Veterinary Premises

PART 10

Investigations by Council

PART 11

Miscellaneous

SCHEDULE 1

PART 1

Acts Repealed

PART 2

Enactments Revoked

SCHEDULE 2

Council: Seal, Elections, Membership, Chair and Meetings

SCHEDULE 3

Mutual Recognition and Establishment of Services

PART 1

Interpretation

PART 2

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

PART 3

Provisions to Apply to Applications that Relate to Establishment of Services

SCHEDULE 4

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

Number 22 of 2005

VETERINARY PRACTICE ACT 2005

AN ACT TO ESTABLISH A BODY KNOWN AS COMHAIRLE TRÉIDLIANNA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY COUNCIL OF IRELAND TO REGULATE AND MANAGE THE VETERINARY PROFESSIONS AND TO PROVIDE FOR ITS OTHER FUNCTIONS, TO PROVIDE FOR ESTABLISHMENT OF A BODY KNOWN AS BORD ALTRAÍ TRÉIDLIACHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY NURSES BOARD OF IRELAND, TO DISSOLVE THE VETERINARY COUNCIL ESTABLISHED UNDER THE VETERINARY SURGEONS ACT 1931, TO REPEAL THE VETERINARY SURGEONS ACTS 1931 TO 1960 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[12th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title.

1.—This Act may be cited as the Veterinary Practice Act 2005 .

Interpretation.

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

“animal” means an animal of the kingdom animalia other than a human being;

“animal remedy” has the meaning given to it by section 1 of the Animal Remedies Act 1993 ;

“appointed day” has the meaning given to it by section 98 (1);

“approved” in relation to a programme of education or further education has the meaning given to it by section 61 ;

“authorised officer” means an officer appointed under section 124 ;

“Board” means the board that may be established under section 98 ;

“certificate of registration” has the meaning given to it by section 35 ;

“committee” means a committee established by this Act;

“Council” means the Veterinary Council of Ireland established under section 11 ;

“Education Committee” means the committee referred to in section 62 (1);

“establishment day” means the day appointed by the Minister under section 3 ;

“emergency”, in relation to treatment of an animal, means treatment where the animal is suffering from a condition that requires immediate action or where the failure to act would result in unnecessary suffering to the animal and includes, in appropriate circumstances, the putting down of the animal;

“Fitness to Practise Committee” means the committee referred to in section 71 ;

“former Council” has the meaning given to it by section 5 ;

“former Register” has the meaning given to it by section 36 (1);

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“local authority” has the same meaning as it has in the Local Government Act 2001 ;

“Minister” means the Minister for Agriculture and Food;

“practice of veterinary medicine” has the meaning given to it by section 53 ;

“Preliminary Investigation Committee” means the committee referred to in section 70 ;

“prescribed” means prescribed by regulations made by the Minister or the Council, as the case may be;

“printed and published”, in relation to a document made available to the public, means making it available to the public at such reasonable price (if any) as the Council may determine and includes publication of it by electronic means including by means of the internet;

“professional misconduct” has the meaning given to it by section 76 (10);

“programme of education” has the meaning given to it by section 61 ;

“programme of further education” has the meaning given to it by section 61 ;

“Register” means the register referred to in section 34 ;

“Register of Veterinary Nurses” means the register referred to in section 93 ;

“registered person” means—

(a) except in Part 7, a person registered under Part 4 or 8, and

(b) in Part 7, a person registered within the meaning given to it in section 69 ;

“Registrar” means the person appointed under section 23 ;

“veterinary nurse” means a person registered under Part 8;

“veterinary practitioner” means a person registered under Part 4;

“veterinary premises” has the meaning given to it by section 105 .

(2) In this Act, except where the context otherwise requires, a reference to service of documents or to notifying in writing, however expressed in either case, shall be construed in accordance with section 134 .

(3) In this Act—

(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended, and

(b) a reference to a subsection, paragraph or subparagraph, is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(4) In this Act, a reference to any other enactment is to be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.

Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day of the Council.

Repeals.

4.—(1) Subject to subsection (2)—

(a) each Act specified in the first and second columns of Part 1 of Schedule 1 is repealed to the extent specified in the third column of that Part opposite the references in the first and second columns,

(b) each statutory instrument specified in the first and second columns of Part 2 of Schedule 1 is revoked to the extent specified in the third column of that Part opposite the references in the first and second columns.

(2) Notwithstanding subsection (1)(b)—

(a) the Veterinary Surgeons (Annual Fees) Order 1997 ( S.I. No. 131 of 1997 ) shall continue in force and may be amended or revoked as if made under section 33 ,

(b) the Veterinary Surgeons (Qualifying Degrees) Order 1954 ( S.I. No. 85 of 1954 ) shall continue in force and may be amended or revoked as if made under section 65 ,

(c) the Agreement between the Government of Ireland and the Government of the United Kingdom with respect to Veterinary Surgeons referred to in Article 3 of the Veterinary Surgeons Order 1988 ( S.I. No. 66 of 1988 ) and, in so far as they relate to that Agreement Articles 2 and 3 of that Order, shall continue in force.

PART 2

Former Council

Interpretation (Part 2).

5.—In this Part “former Council” means the Veterinary Council established under section 9 , includes any trustee or agent of the former Council acting on its behalf.

Dissolution of former Council.

6.—The former Council is dissolved with effect from the establishment day.

References to former Council.

7.—References to the former Council contained immediately before the establishment day in any enactment other than this Act shall, in so far as they relate to anything transferred to the Council by this Act, be construed on and after the establishment day as references to the Council.

Staff of Council.

8.—The Council shall accept into its employment on the establishment day, in accordance with the terms of this Act, such persons who immediately before that day were members of the staff of the former Council, on terms and conditions not less favourable than those applicable to such persons immediately before the establishment day.

Rights and liabilities of former Council.

9.—(1) With effect from the establishment day the following are transferred to the Council—

(a) all rights and property (and rights relating to such property) held or enjoyed immediately before that day by the former Council,

(b) all liabilities incurred before that day by the former Council which had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in the Council for all the estate, term or interest for which, immediately before that day, it was vested in the former Council, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights shall, as and from that day, be enjoyed by the Council, and

(iii) those liabilities shall, as and from that day, be liabilities of the Council.

(2) Upon the request of the Council, all moneys, stocks, shares and securities transferred to the Council by this section that, immediately before the establishment day, are standing in the name of the former Council shall be transferred into the name of the Council.

(3) On or after the establishment day, every right and liability transferred to the Council by this section may be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council to give notice of the transfer to the person whose right or liability is transferred by this section.

(4) The Council may dispose of any part of any land or any interest in it transferred to or vested in the Council by virtue of this section.

(5) Every contract or agreement made between the former Council and any other person, which is in force immediately before the establishment day, shall continue in force on and after that day and shall be construed and have effect as if the Council were substituted in it for the former Council and shall be enforceable against the Council.

(6) Where immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the former Council is a party to the proceedings, the name of the Council shall be substituted for that of the former Council and the proceedings shall not abate by reason of such substitution.

Final accounts of former Council.

10.—(1) As soon as practicable after the establishment day, the Council shall cause to be prepared all proper and usual accounts of all moneys received or expended by the former Council in the accounting year, or part of the accounting year of the former Council ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as practicable by the Council to an auditor for audit.

(3) Immediately after the audit referred to in subsection (2) a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies of it to be laid before each House of the Oireachtas.

PART 3

Veterinary Council of Ireland

Establishment of Veterinary Council of Ireland.

11.—(1) On the establishment day there shall stand established a body to be known as Comhairle Tréidlianna na hÉireann or, in the English language, the Veterinary Council of Ireland, and in this Act referred to as the “Council”, to perform the functions conferred on it by or under this Act.

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

Procedure of Council.

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

(2) Schedule 2 applies to the Council.

Functions of Council.

13.—(1) Subject to the provisions of this Act, the principal function of the Council is to regulate the practice of veterinary medicine in the State and, unless the Board is established, the practice of veterinary nursing in the State.

(2) Without prejudice to the generality of subsection (1), the Council shall have the following functions:

(a) to establish and maintain the Register and the Register of Veterinary Nurses;

(b) to establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration;

(c) to establish, publish, maintain and review codes of professional conduct for persons registered under Part 4 or 8;

(d) to specify and keep under review standards and approve programmes of education and further education necessary for the purposes of registration and continued registration under Part 4 or 8;

(e) to conduct inquiries into and, where appropriate, impose sanctions in relation to the fitness to practise of a person registered under Part 4 or 8;

(f) to advise the Minister in relation to any matter relating to the functions of the Council that the Council considers appropriate or is specified by the Minister;

(g) to promote the practice of veterinary medicine;

(h) to make pronouncements, as it sees fit, in relation to issues that affect the veterinary profession;

(i) to facilitate the exchange of information between those engaged in the practice of veterinary medicine or veterinary nursing and those who avail of veterinary services;

(j) where appropriate, to act as the competent authority for the purposes of—

(i) mutual recognition of veterinary qualifications obtained in or recognised by Member States,

(ii) all matters referred to in the Directives referred to in section 43 ;

(k) to borrow money in accordance with section 31 ;

(l) to specify and keep under review standards of veterinary premises;

(m) to enter into agreements in relation to the following matters with bodies in other states that are duly authorised to exercise functions in those states that correspond to the functions of the Council:

(i) recognition by the Council, for the purposes of registration under Part 4 or 8, of diplomas, degrees and other evidence of formal qualifications to practise veterinary medicine awarded in those states;

(ii) recognition by such bodies, for the purposes of authorisation of the practice of veterinary medicine in those states, of diplomas, degrees or other evidence of formal qualifications to practise veterinary medicine awarded in the State;

and

(n) to carry out investigations under Part 10.

(3) The Council may make and carry out arrangements with any person for the purpose of assisting the Council or any of its committees in the proper discharge of functions.

(4) The Council has all such powers as are necessary for or incidental to the performance of its functions under this Act.

Conferral of additional functions on Council.

14.—(1) The Minister may by order—

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

(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 .

Ministerial directions to Council.

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

Appointment of members of Council.

16.—(1) The members of the Council shall be appointed by the Minister and shall consist of the following:

(a) one person who is registered or is eligible to be registered under Part 4;

(b) two persons who are not eligible to be so registered, but one at least of whom avails of veterinary services in the course of a business, trade or profession;

(c) one person who is not eligible to be so registered, but who performs functions relating to animal welfare;

(d) one person who is nominated for appointment as a member of the Council by the Minister for Education and Science and is engaged in the provision of higher education;

(e) 2 persons who are nominated for such appointment by a relevant body or bodies specified by the Minister by order under subsection (2) or, where no body is specified, are nominated for appointment by the National University of Ireland, of whom—

(i) one is registered or is eligible to be registered under Part 4 or 8,

(ii) one is not eligible to be so registered;

(f) one person who is nominated for such appointment by the Food Safety Authority of Ireland;

(g) one person who is nominated for such appointment by the Director of Consumer Affairs;

(h) 9 persons who are registered under Part 4, who are chosen for such appointment in accordance with section 18 ;

(i) one person who is registered under Part 8, who is chosen for such appointment in accordance with section 18 .

(2)  (a) Where the Minister considers it appropriate in the circumstances, the Minister may by order specify one or more than one relevant body for the purposes of subsection (1)(e).

(b) Where more than 2 relevant bodies are specified by order, they shall jointly nominate 2 persons for appointment.

(c) An order under this section shall not affect the Council members standing appointed pursuant to subsection (1)(e) or a previous order under this section.

(d) An order under this section may be amended or revoked by the Minister by order.

(3) In this section “relevant body” means a body that provides programmes of education or programmes of further education or grants degrees or other academic awards in relation to such programmes and includes the National University of Ireland but does not include the Council or the Board.

Nomination and appointment of certain members of Council.

17.—(1) The first members of the Council to be nominated to the Council under paragraphs (d), (e), (f) and (g) of section 16 (1) shall be nominated before the establishment day.

(2) If a person or body referred to in paragraph (d), (e), (f) or (g) of section 16 (1) as making the nomination referred to in the paragraph concerned does not furnish a nomination in writing to the Minister within 6 weeks of the receipt by such person or body of a request in writing from the Minister to so do, the Minister shall nominate a person to the Council whom the Minister considers would have been appropriate to have been so nominated.

(3) Subject to subsection (4) the Minister shall appoint with effect from the establishment day—

(a) 9 persons to be members of the Council whom he or she considers to be representative of the persons eligible to be chosen for appointment as members of the Council under section 16 (1)(h), and

(b) one person to be a member of the Council whom he or she considers representative of the persons who, in the Minister's opinion, would be eligible to apply for registration under Part 8 if the Register of Veterinary Nurses stood established.

(4)  (a) The appointments referred to in subsection (3)(a) shall cease on a day to be appointed under section 18 (4).

(b) The appointment referred to in subsection (3)(b) shall cease on a day to be appointed under section 18 (7).

Election.

18.—(1)  (a) The Council shall make rules, not later than 3 months after the establishment day, for the purpose of the election of persons for appointment as members of the Council under section 16 (1)(h),

(b) The Council shall make rules, not later than 3 months after the establishment of the Register of Veterinary Nurses pursuant to section 93 , for the purpose of the election of a person for appointment as a member of the Council under section 16 (1)(i).

(2)  (a)  (i) Elections referred to in subsection (1)(a) shall be held on a ballot and in a manner provided for by the rules.

 (ii) Elections referred to in subsection (1)(b) shall be held on a ballot and in a manner provided for by the rules.

(b) Rules made under paragraph (a) or (b) of subsection (1) may provide for such incidental, supplementary and consequential provisions as the Council considers necessary or expedient.

(c) Without prejudice to the generality of paragraphs (a) and (b) of subsection (1) or paragraph (b), 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 Council, is required for the purposes of the election of members.

(3) As soon as practicable, but in any event not more than 3 months after the making of the rules referred to in subsection (1)(a), the Council shall hold elections for the purpose of electing persons for appointment by the Minister as members of the Council pursuant to section 16 (1)(h).

(4) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (3) as the day on which those members of the Council appointed by him or her under section 17 (3)(a) shall cease to be members of the Council.

(5) With effect from the day referred to in subsection (4), the Minister shall appoint as members of the Council those persons elected under subsection (3).

(6) As soon as practicable, but in any event not more than 3 months after the making of rules referred to in subsection (1)(b), the Council shall hold elections for the purpose of electing a person for appointment by the Minister as a member to the Council pursuant to section 16 (1)(i).

(7) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (6) as the day on which the member of the Council appointed by him or her under section 17 (3)(b) shall cease to be a member of the Council.

(8) With effect from the day referred to in subsection (7), the Minister shall appoint as a member of the Council the person elected under subsection (6).

Term of office of members of Council.

19.—(1) Subject to paragraph 15 of Schedule 2 and subsection (3), the Minister shall specify when appointing a person to be a member of the Council, that his or her term of office as such a member shall be for 4 years.

(2) Subject to subsection (3) the term of office of the first members of the Council shall commence on the establishment day.

(3)  (a)  (i) The 5 members of the Council appointed under section 18 (5), who received the highest number of votes to be chosen for the appointment, shall hold office for the term beginning on the date of their appointment and expiring on the date that is 4 years from the establishment day.

 (ii) The 4 members of the Council appointed under section 18 (5) who received the lowest number of votes to be chosen for the appointment, shall hold office for a term that is 2 years less than the term referred to at subparagraph (i).

(iii) Where 2 or more persons referred to at subparagraphs (i) and (ii) receive an equal number of votes to be chosen for appointment, it shall, if necessary, be determined by lot which of those persons shall hold office for the term referred to in subparagraph (i) and which for the term referred to in subparagraph (ii).

(b) The member of the Council appointed under section 18 (8) shall hold office for the term beginning on the day that he or she is appointed and expiring on the date that is 4 years from the establishment day.

Establishment of committees.

20.—(1) Subject to subsection (2), the Council may establish committees, other than the Preliminary Investigation Committee, the Fitness to Practise Committee and the Education Committee, to perform specified functions of the Council if it is of opinion that the functions may be performed more efficiently or conveniently by committees.

(2) A committee established under this section may include in its members persons who are not members of the Council.

(3) The chairperson of each committee established under this section shall be a member of the Council and shall be appointed by the Council as such chairperson.

(4)  (a) The Council may at any time dissolve a committee established under this section.

(b) Where a committee is dissolved under this subsection, the Council, subject to this Act, shall make such arrangements as it considers appropriate in respect of the work of the committee and the exercise of its functions.

(5) Subject to this Act, the acts of a committee established under this section shall be subject to confirmation by the Council unless the Council dispenses with the necessity for confirmation.

(6) Subject to this Act, the Council may regulate the procedure of committees established under this section and, subject to being so regulated, committees established under this section may regulate their own procedure.

Expenses of Council and members of Council, etc.

21.—(1) The expenses incurred by the Council shall be defrayed out of funds at its disposal.

(2) A member of the Council or of a committee established under this Act shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of his or her attendance at a meeting of the Council or of a committee or otherwise in connection with the affairs of the Council, as the Council may determine.

Removal of members of Council from office.

22.—(1) (a) If the Council fails, neglects or refuses to perform any function assigned to it under this Act, the Minister may issue a direction in writing directing the Council to perform the function within a period of time specified in the direction, and for that purpose, to do matters that are ancillary or incidental to such performance as may be specified in the direction.

(b) The Minister may amend or revoke a direction made under this subsection.

(2) If the Council fails to comply with any direction under subsection (1), the Minister may by order remove all of the members of the Council from office.

(3) An order under this section may contain any provisions that the Minister considers necessary or expedient to enable the functions of the Council to be performed despite the removal from office of its members, including the appointment of one or more than one person to perform all or any of the Council's functions.

(4)  (a) Every order made 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 House of the Oireachtas within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled, but without prejudice to the validity of anything done under the order.

(b) In the case of an order made under subsection (2), if a resolution annulling it is passed in accordance with paragraph (a) the members of the Council who had been removed from office by virtue of the order shall be deemed restored to office but without prejudice to the validity of anything previously done by any person or persons appointed to perform all or any of the functions of the Council under subsection (3).

Registrar.

23.—(1) There shall be a chief executive officer of the Council who shall be known and is referred to in this Act as the Registrar.

(2) The Registrar shall be appointed and may be removed from office at any time for stated reasons by the Council.

(3) The Registrar shall carry on and manage and control generally the administration and business of the Council and perform such other functions as may be determined by the Council.

(4) The Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(5) The Council shall act through, and its functions shall be performed in the name of the Council by, the Registrar or another member of the staff of the Council duly authorised in that behalf by the Registrar.

(6) The Registrar may make proposals to the Council on any matter relating to its activities.

(7) The Registrar shall be employed on a full-time basis by the Council and shall not hold any other office or position without the consent of the Council.

(8) The Registrar shall not be a member of the Council or of a committee established under this Act.

(9)  (a) Where—

(i) there is no person holding the office of Registrar, or

(ii) the Registrar cannot adequately perform his or her functions as a result of illness, or

(iii) the Registrar has been suspended,

the Council may appoint a person, who shall be known as the Acting Registrar, to perform the functions of the Registrar.

(b) An Acting Registrar shall be appointed to hold office for such period as the Council considers appropriate, but such appointment shall—

(i) where paragraph (a)(i) applies, be for the period until a Registrar is appointed or for a period not exceeding 12 months, whichever is the shorter period, and

(ii) where subparagraph (ii) or (iii) of paragraph (a) applies, be for the period until the incapacity or suspension ceases or for a period not exceeding 12 months, whichever is the shorter period.

(c) Where a person is Acting Registrar pursuant to subparagraph (ii) or (iii) of paragraph (a), and—

(i) the Registrar dies, or

(ii) the Registrar otherwise ceases to hold office, other than by a decision of the Council,

then the Acting Registrar shall continue to hold office until the meeting of the Council which first occurs after the day the Registrar dies or so ceases to hold office.

(d) Subject to paragraphs (b) and (c), the Acting Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(10) In this section “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

Staff of Council.

24.—(1) In addition to the Registrar, the Council shall appoint such and so many persons to be members of the staff of the Council as the Council may determine.

(2) A member of the staff of the Council shall hold his or her employment on such terms and conditions as the Council may determine.

(3) A member of the staff of the Council shall be paid, out of funds at the disposal of the Council, such remuneration and allowances as the Council may determine.

(4) A member of the staff of the Council shall perform such duties as the Council may determine.

Disclosure of information.

25.—(1) Save as otherwise provided by law, a person shall not, without the consent of the Council, disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as a member of the Council, a member of staff of the Council (including the Registrar), a member of a committee or a consultant or adviser to the Council or a committee.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made—

(a) to the Council or a committee, or

(b) by or on behalf of the Council or a committee to the Minister.

(4) In this section “confidential information” includes information that is expressed by the Council or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof—

(a) in column (2) of “Veterinary Practice Act 2005.”, and

(b) in column (3), opposite the mention in column (2) of the Veterinary Practice Act 2005 of “section 25 ”.

Disclosure of interest by member of Council or committee.

26.—(1) Where at a meeting of the Council or a committee any of the following matters arise, namely—

(a) an arrangement or proposed arrangement to which the Council or any committee is or is expected to be a party, or

(b) a contract or other agreement or proposed contract or other agreement with the Council or any committee,

then, any member of the Council or committee present at the meeting who has an interest in the matter otherwise than in his or her capacity as a member of the Council or committee shall—

(i) at the meeting disclose to the Council or committee the fact of the interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Council or committee relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure related is being considered or discussed by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at a meeting of the Council or a committee a question arises as to whether or not a course of conduct, if pursued by a member of the Council, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the Council or the committee as the case may be, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the Minister is satisfied that a member of the Council has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office.

(5) Removal from office under subsection (4), disqualifies a person from membership of the Council.

(6) For the purposes of this section and section 27 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question relating to the matter, or in performing any function in relation to it.

(7) Where the Council is of opinion that a disclosure made under subsection (1), or paragraph (a) of section 27 (1), is of sufficient importance to merit it, it shall consider furnishing details of the said disclosure in the next report prepared under section 30 , following the disclosure.

(8) A member of the Council shall absent himself or herself from consideration, for the purposes of subsection (7), of a disclosure that was made by him or her.

Disclosure of interest by member of staff of Council.

27.—(1) Where a member of the staff of the Council has an interest, otherwise than in his or her capacity as such a member, in any, or in any proposed, contract, agreement or arrangement, to which the Council is or is proposed to be a party, that person shall—

(a) disclose his or her interest and the nature of it to the Council,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members of the Council or of the staff of the Council in relation to it,

(c) not influence or seek to influence a decision to be made in the matter, and

(d) not make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Council.

(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(4) In this section “member of the staff” includes the Registrar.

Effect of membership of a House of the Oireachtas or European Parliament.

28.—(1) Where a member of the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Council.

(2) Where a person employed by the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment by the Council and shall not be paid by, or be entitled to receive from, the Council remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or Parliament.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Council, or from being employed by the Council.

(4) The Council shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Council, or a member of the staff of the Council save with the approval in writing of the Minister.

Accounts and audits.

29.—(1) The Registrar shall submit to the Council estimates of the income and of the expenditure of the Council in such form, in respect of such periods and at such times, as may be required by the Council and shall furnish to the Council any information which the Council may require in relation to such estimates, including information on proposals and plans relating to the performance by the Council of its functions in the future, generally or during a specified period.

(2) The Registrar, under the direction of the Council, shall cause to be kept, on a continuous basis and in a legible or a machine readable form or in both forms, all proper books and records of account of all income and expenditure of the Council, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Council and shall keep and shall account to the Council for all such special accounts as the Council may from time to time direct to be kept.

(3)  (a) Accounts kept in accordance with subsection (2) shall be audited at least once in each year by an auditor appointed for that purpose by the Council and the auditor's fees and the expenses generally of the audit shall be paid by the Council as soon as possible after the audit.

(b) As soon as possible in each year following the completion by the auditor of the report on the audit and the furnishing of the auditor's certificate to the Council, the Council shall cause them to be printed and published to the public at such reasonable price (if any) as it may determine.

(4)  (a) The Council, the Registrar and any relevant member of the staff of the Council shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books and records of account and the auditor's certificate and report on the audit in respect of any financial year of the Council or other period and shall facilitate the examination, and the Council shall pay the fee for it.

(b) In paragraph (a) “any relevant member of the staff of the Council” means any member of the staff of the Council to whom there has been assigned duties that relate to the books, or other records of account of the Council.

(5) The accounts of the Council for each financial year shall be prepared by the Registrar, in such form as may be specified by the Council and shall be approved by the Council as soon as practicable but not later than 3 months after the end of the financial year to which they relate.

Annual report and information.

30.—(1) Subject to subsection (3), the Council shall prepare and publish, in such form and manner as it considers appropriate, a report of its activities and proceedings under this Act, which shall include information on the performance of its functions during the year to which it relates.

(2) A report under subsection (1) shall be prepared at least once in every 12 month period.

(3) The Council shall provide the Minister with a copy of the report.

(4) As soon as possible following provision of the report to the Minister under subsection (3) the Council shall cause it to be printed and published.

Borrowing by Council.

31.—The Council, for the purpose of providing for current or capital expenditure, may borrow money (whether on the security of the assets of the Council or otherwise), including money in a currency other than the currency of the State.

Gifts.

32.—(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council shall not accept a gift if the trusts or conditions attached to it by the donor are inconsistent with or prejudice the objects or functions of the Council.

(3) Information as respects gifts accepted by the Council in any year shall be included in the report referred to in section 30 as respects that year.

Fees.

33.—(1) The Council may prescribe the fees to be paid to it and when they fall due in relation to the performance by or on behalf of it of its functions, the provision by or on behalf of it of services (other than a service consisting of the provision of advice or a report, or complying with a direction of the Minister) and the carrying on by or on behalf of it of activities.

(2) Without prejudice to the generality of subsection (1), the Council may prescribe fees in respect of all or any of the following:

(a) the registration of a person in any register or part of a register maintained by the Council;

(b) the retention of the name of a person and the period of time for which it shall be retained in any register or part of a register maintained by the Council;

(c) the restoration to any register maintained by the Council of the name of any person whose name has been erased or removed pursuant to the provisions of this Act;

(d) the removal of the name of any person from any register or part of a register maintained by the Council on the application of that person;

(e) the entry of additional qualifications of any person in any register maintained by the Council;

(f) the giving to any person of a certificate of registration;

(g) the grant, or renewal of a grant, of a certificate of suitability under Part 9;

(h) any other service that may, from time to time, be provided by or on behalf of the Council.

(3) Where a fee is payable in respect of any matter, the Council, Registrar or any other member of the staff of the Council may refuse to do any act, or permit any act to be done, or to receive any document in respect of which that fee is payable unless the fee is paid.

(4) Without prejudice to the generality of subsection (3), if the fees prescribed under subsection (2)(b) have not been paid by a registered person not less than 3 months after the date on which they have been prescribed as falling due the Council may remove the name of the registered person from all or some of the Parts of the Register or the Register of Veterinary Nurses where he or she is registered as the Council considers appropriate.

PART 4

Registration

Establishment of Register of Veterinary Practitioners.

34.—(1) As soon as practicable after the establishment day, but not later than 6 months after that day, the Council shall establish a register to be known as the Register of Veterinary Practitioners, in this Act referred to as the “Register”.

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

(3) The Council shall maintain the Register.

(4) The Register shall contain the following parts:

(a) a part consisting of the names and particulars of persons registered under sections 40 to 42, subsections (1) and (5) of section 43 , and section 44 ;

(b) a part consisting of names and particulars of persons registered for the purpose of provision of services under section 43 (7);

(c) a part consisting of the names and particulars of persons registered with limited registration under section 45 ;

(d) a part consisting of the names and particulars of persons registered as veterinary specialists in specialties standing prescribed under section 46 .

(5) A person shall be registered by entering in the appropriate part of the Register—

(a) his or her full name and address,

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

(c) in case the registration is under section 43 (7), the date on which the registration is to expire,

(d) in case the registration is under section 45 , the date on which the registration is to expire and any condition attached to it,

(e) where appropriate, confirmation of compliance with conditions prescribed under section 52 that apply,

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

General matters relating to registration.

35.—As soon as possible after the Council has registered a person's name, it shall send a certificate, in this Act referred to as a “certificate of registration”, to that person, stating that the person is registered and specifying the part of the Register in which he or she is registered and any conditions attaching to the registration.

Transitional provisions relating to Register.

36.—(1) In this Act “former Register” means the Register of Veterinary Surgeons for Ireland prepared and established under section 24(1) of the Veterinary Surgeons Act 1931 .

(2) The former Register shall continue in force, notwithstanding the repeal of section 24 of the Veterinary Surgeons Act 1931 , until the establishment of the Register under section 34 (1).

Publication of Register.

37.—(1) Subject to subsections (3) and (4), the Council shall cause to be printed and published an extract from the Register maintained by it, at intervals of not more than 12 months.

(2) The Register shall be kept at the offices of the Council and, subject to the payment of such fees as may be fixed under section 33 —

(a) it shall be made available for inspection by any person, in whole or in part, at such times and such manner as may be prescribed by the Council, and

(b) where a request is made by any person to the Registrar for a certified or uncertified copy of or extract from, an entry in the Register, the Registrar shall provide a copy of the entry or extract to such person.

(3) Where the Council prints and publishes the Register by electronic means, it shall do so in relation to the current version of it where practicable.

(4) For the purposes of subsection (1)—

“extract from the Register” in relation to the particulars of each person registered on the Register, includes—

(a) his or her name,

(b) the date on which he or she was registered,

(c) the qualifications pursuant to which he or she was registered,

(d) the identification number issued to that person by the Council for the purposes of his or her registration, and

(e) any condition attached by the Council under subparagraph (ii) or (iii) of section 80 (1)(c).

Evidence of Register.

38.—(1) Evidence of the Register or any part of it may be given in any proceedings by the production of a copy of the Register or that part of it bearing a certificate signed by the Registrar or a person authorised by him or her in that behalf stating that the copy is a true copy of the Register or part of it.

(2) A certificate purporting to be a certificate under subsection (1) shall be taken to be such a certificate and to have been duly signed by the person purporting to have signed it (and, in the case of such a certificate purporting to have been signed, in accordance with the authorisation), unless the contrary is shown.

Granting of titles.

39.—Where the Council is of opinion that any branch of practice of veterinary medicine (including a specialty standing prescribed by the Council under section 46 ) has become so distinctive that it would be for the convenience of the public or of the veterinary profession that veterinary practitioners who are qualified to practise in that branch of veterinary medicine should use a distinctive title, the Council may, by regulations, provide for appropriate titles to be given to and used by such practitioners and the conditions under which such titles may be used.

Persons registered in former Register.

40.—The Council shall register as a veterinary practitioner a person whose name is entered in the former Register on the date that the Register is established.

Persons entitled to be registered in former Register.

41.—The Council shall register as a veterinary practitioner a person who, at a time during the 6 months before the day on which the Register is established, satisfied the former Council or the Council, as appropriate, that he or she is entitled to be registered on the former Register, but who was not so registered.

Persons trained in the State.

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

(2) This subsection applies to a person who—

(a) has undergone programmes of training and education, and acquired educational qualifications prescribed under section 65 ,

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

(c) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(d) is not prohibited from practising or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(3) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

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

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

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

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

(c) any other order that it considers appropriate.

Compliance with European Union requirements.

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

(2) This subsection applies to a person who—

(a) is a national of a relevant State,

(b) shows to the satisfaction of the Council that he or she—

(i) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine awarded in accordance with Article 1 of Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons¹ (as amended by Article 8 of Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001² ) and referred to in Article 2 and the Annex to the Mutual Recognition Directive (as inserted by paragraphs 1 and 3 of Article 7 of Directive 2001/19/EEC of the European Parliament and of the Council of 14 May 2001),

(ii) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine referred to in paragraphs 1 and 2 of Article 4 of the Mutual Recognition Directive (as amended by Article 18 of Council Directive 89/594/EC of 30 October 1989³ ) and in respect of whom a certificate has been issued by a competent authority stating that—

(I) in the case of a qualification referred to in paragraph 1 of Article 4 of the Mutual Recognition Directive, he or she has effectively and lawfully been engaged in the activities of a veterinary surgeon for at least 3 consecutive years during the 5 years prior to the date of issue of the certificate,

(II) in the case of a qualification referred to in paragraph 2 of Article 4 of the Mutual Recognition Directive, he or she was awarded it following training that accords with Council Directive 78/1027/EEC of 18 December 1978 as referred to in Article 2 of the Mutual Recognition Directive and is treated by the relevant State as the designated qualification referred to in the Annex to the Mutual Recognition Directive,

or

(iii) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine not referred to in Article 2 of and the Annex to the Mutual Recognition Directive and in respect of whom a certificate has been issued by a competent authority stating that the qualifications in question have been awarded on completion of education and training that complies with the provisions of that Directive and are treated by the relevant State as equivalent to qualifications referred to in Article 2 of and the Annex to that Directive,

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

(d) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising, or suspended from the practice of, veterinary medicine, either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(3) The Council, on application to it in that behalf in writing by a person to whom subsection (4) applies, in accordance with regulations under section 52 (1), and on payment to it of the fee prescribed under section 33 , shall consider the application.

(4) For the purposes of subsection (3), this subsection applies to a person who—

(a) is a national of a relevant State,

(b) holds a diploma, or certificate, or as regards whom there is evidence of formal qualification as a veterinary surgeon granted by the competent authority of a third country where the diploma, certificate or other evidence had been recognised by a relevant State for the purpose of the practice of veterinary medicine in the relevant State.

(5) Where the Council is satisfied to do so, having considered matters referred to at subsection (4)(b), it shall register the person to whom subsection (3) applies provided that he or she—

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

(b) 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 practice veterinary medicine,

(c) is not prohibited from practising or suspended from the practice of, veterinary medicine, either under Part 7 or provisions corresponding to those contained in the Part that apply in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(6) Parts 1 and 2 of Schedule 3 apply to applications made under subsections (1) and (3).

(7) Where a person who—

(a) is a national of a relevant State,

(b) wishes to provide veterinary services within the limits and under the conditions laid down in Article 12 of the Mutual Recognition Directive, and

(c) furnishes—

(i) a prior declaration of his or her intention to provide services in accordance with Article 12 of the Mutual Recognition Directive in the manner prescribed,

(ii) a certificate from the competent authority of the relevant State where the applicant is established, stating that he or she is lawfully practising as a veterinary practitioner in that relevant State,

(iii) a statement from the competent authority of the home relevant State that the applicant holds a diploma, certificate, or other evidence of formal qualifications as a veterinary practitioner.

and the documents referred to in paragraph (c) are in order, the Council shall register that person for a period not exceeding 12 months.

(8) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (7), it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person complies with paragraphs (b) and (c) of subsection (7).

(9) Parts 1 and 3 of Schedule 3 apply to applications made under subsections (7) and (8).

(10) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(11) A person who receives a notification under subsection (10) 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.

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

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

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

(c) any other order that it considers appropriate.

(13) In this section and in Schedule 3—

“competent authority” means—

(a) in relation to a relevant State, the authority designated in accordance with Article 16 of the Mutual Recognition Directive, and

(b) in relation to the State, the Council;

“home relevant State” in relation to a veterinary practitioner, means the relevant State in which he or she acquired his or her diploma, certificate or other evidence of formal qualification or where he or she is registered as a veterinary practitioner;

“Mutual Recognition Directive” means Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services as amended and extended by the Treaties;

“relevant State” means—

(a) a Member State (other than the State) of the European Communities,

(b) a State that is a contracting State to the EEA agreement within the meaning given to that phrase in the European Communities (Amendment) Act 1993 , and

(c) the Swiss Confederation;

“third country” means a country that is not a relevant State or the State;

“Treaties” means—

(a) the Treaty relating to the accession of the Hellenic Republic to the European Communities and the European Atomic Energy Community, signed at Athens on the 28th day of May 1979,

(b) the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities and the European Atomic Energy Community, signed on the 12th day of June 1985,

(c) the Treaty concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Communities signed at Corfu on the 24th day of June 1994,

(d) the Treaty relating to the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed at Athens on the 16th day of April 2003.

(14) A word or expression that is used in this section or in Schedule 3 and is also used in the Directives referred to in this section or in Schedule 3 has, unless the contrary intention appears, the same meaning in this section and in Schedule 3 as it has in those Directives.

Registration of person who would not otherwise qualify for registration under sections 40 to 43.

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

(2) This subsection applies to a person who—

(a) does not qualify for registration under section 40 , 41, 42 or 43,

(b) subject to subsection (8), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary medicine in a state outside of the State that, in the opinion of the Council, are of a standard that is not lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary medicine,

(c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purpose of the practice of veterinary medicine in the State,

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

(e) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(f) is not prohibited from practising or suspended from the practice of, veterinary medicine, either under Part 7 or provisions similar to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(3) Registration of a person under this section may, if the Council decides that it is appropriate to do so, be subject to a condition that the practice of veterinary medicine by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.

(4) If the Council decides that a person who applies to it for registration under this section should not be so registered or, to impose a condition as respects supervision under subsection (3), it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(5) A person who receives a notification under subsection (4) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

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

(a) an order affirming or setting aside any decision of the Council relating to the application for registration, or imposition of the condition as respects supervision concerned,

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

(c) any other order that it considers appropriate.

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

(8) 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 medicine, it may require a person to whom subsection (2) applies, to sit and pass an examination set by or on behalf of the Council in that regard.

Limited registration.

45.—(1) Notwithstanding any provision of this Act, subject to subsection (4), and, on satisfying itself of the need to effect registration under this section for any of the purposes specified in subsection (2), the Council, on application to it in writing in that behalf by a person to whom subsection (3) applies, in accordance with regulations under section 52 (1), and, on payment to it of the fee prescribed under section 33 , shall register a person as a veterinary practitioner with limited registration (in this Act referred to as “limited registration”).

(2) The Council shall be satisfied that the person making the application is required—

(a) to participate in a disease eradication programme, or

(b) to participate in the provision of approved programmes of education or further education.

(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 of subsection (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 of paragraph (a) or (b) of subsection (2), as appropriate,

(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising or suspended from practice of, veterinary medicine, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with carrying out of professional duties as a veterinary practitioner.

(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 medicine,

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

(d) attendance at a specified programme of further education following such registration,

(e) supervision of the practice of veterinary medicine by the person by specified veterinary practitioners for specified periods of time after the registration of the person under this section.

(5) The Council may amend conditions imposed under subsection (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 under subsection (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 themselves 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 under subsection (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.

(11) For the purposes of subsection (2)(a) “disease eradication programme” means measures operated by or on behalf of a Minister to prevent, reduce the risk of, control or eradicate a disease (being a disease within the meaning of section 2 of the Diseases of Animals Act 1966 ).

Registration of veterinary specialists.

46.—(1) That part of the Register referred to in section 34 (4)(d) shall contain a part in respect of each specialty in veterinary medicine standing prescribed by the Council under subsection (2).

(2) Subject to subsection (5), the Council shall prescribe—

(a) the specialties in veterinary medicine that it recognises,

(b) in relation to each such specialty, the titles and qualifications in the specialty that are required to enable a person to be or continue to be registered,

(c) in relation to each such specialty, the body that the Council recognises for the purposes of providing the specialist training and showing to the satisfaction of the Council that such specialist training has been completed by the person concerned in a manner approved by the body.

(3) The Council may withdraw recognition from any body recognised by it under subsection (2).

(4) The specialties in veterinary medicine that may be prescribed under subsection (2) shall include such specialties as may be designated for the purpose of giving effect to—

(a) any provision to the Treaties governing the European Communities,

(b) any regulation, directive or other act adopted by an institution of the European Communities, or

(c) a judgement of the European Court of Justice.

(5) The Council shall seek and consider recommendations from the Education Committee and any other person that it considers appropriate before prescribing specialties and other matters that it considers appropriate under subsection (2).

Persons entitled to be registered as veterinary specialists.

47.—(1) The Council, on application to it in writing by a person referred to in subsection (2), in accordance with regulations under section 52 (1) and on payment of the appropriate fee prescribed under section 33 , shall register the person in the part of the Register that relates to veterinary specialists.

(2) This subsection applies to a person who—

(a) is registered in a part of the Register referred to in section 34 (4)(a),

(b) complies with matters prescribed under section 46 (2) that apply to him or her,

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

(d) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

(e) is not prohibited from practising or suspended from practice of, veterinary medicine, either under Part 7, or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner.

(3) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

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

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

(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

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

(c) any other order that it considers appropriate.

Removal of name from Register as veterinary specialist.

48.—The name of a person shall be removed from the part of the Register referred to in section 34 (4)(d) if the name of the person is removed from any part of the Register referred to in section 34 (4)(a).

Application for removal of name from relevant register.

49.—(1) A registered person, may apply to the Council to have his or her name removed from the part of the Register or the Register of Veterinary Nurses, as the case may be, in which his or her name is registered and, on receipt of such application and on payment of the appropriate fee prescribed under section 33 , the Council may remove the name from the part of the Register or the Register of Veterinary Nurses.

(2) A person, whose name has been removed from the Register or the Register of Veterinary Nurses under subsection (1) may, at any time, apply to the Council to have his or her name restored to either of them as appropriate and, subject to the provisions of this Act and on payment of the appropriate fee fixed under section 33 , the Council may restore the name of that person to the part of the Register or the Register of Veterinary Nurses from which it has been removed.

(3) Nothing in this section shall operate to prevent the Council from refusing to restore to a part of the Register or the Register of Veterinary Nurses the name of any person, who is otherwise entitled to be registered, on the grounds of the unfitness of that person to engage in the practice of veterinary medicine or veterinary nursing, as the case may be.

(4) In a case where a registered person applies to the Council under subsection (1) to have his or her name removed from a part of the Register or the Register of Veterinary Nurses, the Council shall not consider the application until it has decided whether or not to so remove the name where—

(a) an application has been made under Part 7 for an inquiry into the conduct of the registered person,

(b) he or she has 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 practice veterinary medicine, or

(c) he or she has been prohibited from practising or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of a conviction for an offence or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner or a veterinary nurse, as appropriate.

(5) If the Council decides to refuse to restore the name of a person under subsection (3) or to postpone the consideration of an application under subsection (4), it shall notify the person or the registered person, as appropriate, in writing, as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(6) A person who receives a notification under subsection (5), may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

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

(a) an order affirming or setting aside any decision of the Council relating to the application for removal or restoration concerned,

(b) an order remitting the application for removal or restoration, as appropriate, 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.

Registration of additional qualifications.

50.—(1) The Council, on application to it in writing by a registered person in accordance with regulations made under section 52 , and, on payment of the fee prescribed under section 33 , may if appropriate, enter additional qualifications in the entry in the Register or the Register of Veterinary Nurses as appropriate, relating to the registered person.

(2) The Council shall determine the additional qualifications that may be entered in the Register or the Register of Veterinary Nurses under subsection (1).

(3) Whenever, on an application by a registered person, the Council decides to enter in the Register or the Register of Veterinary Nurses, pursuant to this section, any additional qualification in respect of him or her, the Council, as soon as may be after the registration has been completed, shall send to that registered person a certificate stating that such additional qualification has been entered in the Register or the Register of Veterinary Nurses.

(4) In this section, “additional qualifications” means qualifications other than those acquired by the registered person and furnished to the Council for the purpose of having his or her name entered in any part of the Register or the Register of Veterinary Nurses.

Correction of registers.

51.—In respect of the Register and the Register of Veterinary Nurses, the Council shall—

(a) correct all errors in either of them,

(b) remove from either of them entries procured by fraud or misrepresentation,

(c) enter in either of them changes in the descriptions or addresses of the persons registered in the register concerned, and

(d) remove from either of them the names of persons whose deaths have come to the knowledge of the Council.

Regulations under Part 4.

52.—(1) The Council shall make regulations in relation to an application for registration under this Part or Part 8, for the purpose of enabling those parts to have full effect.

(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may relate to—

(a) the particulars to be given to the Council by persons applying for such registration,

(b) the forms to be used for the purposes of applications for the said registration,

(c) the documents to be given to the Council to support such an application,

(d) the periods of time to be given to the Council to consider such an application for registration and, if appropriate, to be given to a person applying for such registration in the event that the Council requests further information in relation to a specified matter, and

(e) any other matters that the Council considers appropriate.

PART 5

Practice of Veterinary Medicine

Definition of the practice of veterinary medicine.

53.—(1) In this Act, the practice of veterinary medicine means any one of the following—

(a) in relation to an animal—

(i) diagnosing disease, injury, pain, deformity, defect or state of health,

(ii) identifying and carrying out treatment, whether surgical or medical in nature, of any matter referred to in subparagraph (i),

(iii) performing a surgical procedure,

(iv) giving advice, following an action referred to in subparagraph (i), (ii) or (iii) as to care required,

(v) furnishing a written certificate as to the doing of any action referred to in subparagraph (i), (ii), (iii) or (iv),

(b) in relation to an animal or products of animal origin, performing such functions as may be conferred on veterinary practitioners from time to time by the Minister for the purpose of giving effect to—

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

(ii) any regulation, directive or other act adopted by an institution of the European Communities, or

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

relating to certification on live animals or products of animal origin,

(c) in relation to an animal remedy, performing a function conferred on a registered person by or under any enactment, whether passed before or after the passing of this Act.

(2) In subsection (1)(a)(i), “diagnosing” includes the following:

(a) diagnosing the cause of death of an animal; and

(b) examining the reproductive organs of a mare via the rectum.

Offences in relation to practice of veterinary medicine or use of title.

54.—(1) Subject to sections 55 and 59 a person, other than a veterinary practitioner, shall not—

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

(b) use the title or description that would give the impression that he or she is registered under Part 4, such as “veterinary surgeon”, “veterinary specialist”, “veterinary practitioner” or “veterinarian” or any abbreviation or derivative of them, either alone or in connection with any other title or description, or

(c) represent that he or she is registered on the Register.

(2) 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 medicine,

(b) represent itself as registered on the Register, or

(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 medicine.

(3) Subject to section 55 where a person who is not a registered person treats, by the practice of veterinary medicine, 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 registered person.

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

Emergency and exceptions to section 54 .

55.—(1) A registered person may administer first aid or medical assistance to an animal in an emergency, without obtaining the consent of the owner of the animal.

(2) Subject to any matters prescribed under section 59 , a person who is not a registered person may, in an emergency in relation to an animal, save where otherwise prohibited by law, and notwithstanding section 54 (1), carry out such treatment or procedure or administer such an animal remedy as he or she considers necessary, having due regard to the welfare of the animal, where a registered person is not available within a reasonable period of time.

(3) Save where otherwise prohibited by law, and notwithstanding anything in this Act, a farmer who is not a registered person, or an employee of the farmer acting in the course of his or her duties who is not a registered person may carry out a treatment or procedure on, or administer an animal remedy to, an animal owned by the farmer provided that carrying out the treatment or procedure on, or administering the animal remedy to, the animal is incidental to the usual care and management of that animal.

(4) For the purposes of subsection (3), “employee of the farmer” means a person employed by the farmer for at least 2 of the 4 months prior to the treatment or procedure being carried out or the animal remedy being administered.

(5) The Minister may, by regulations, exclude from the application of subsection (3) specified treatments or animal remedies.

(6)  (a) Subject to paragraph (b), notwithstanding anything in this Act, a student of veterinary medicine may do or perform an act matter or thing the doing or performance of which forms part of the practice of veterinary medicine.

(b) The student of veterinary medicine referred to at paragraph (a) shall do or perform the act matter or thing if—

(i) it is required to be done or performed as part of the approved programme of education in which the student is participating,

(ii) it is done or performed under the direct supervision and in the presence of a veterinary practitioner, and

(iii) the act matter or thing is, in the opinion of the person providing that approved programme of education and the veterinary practitioner, appropriate to the knowledge, skill and competence of the student.

(7) In subsection (6) “student of veterinary medicine” means a person who has duly enrolled in, commenced and is participating in an approved programme of education.

Registered persons not to use incorrect title.

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

Offence for a registered person to employ a nonregistered person.

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

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

Recovery of fees.

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

Regulations to provide for practice of veterinary medicine by nonregistered persons.

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

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

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

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

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

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

that relates to the practice of veterinary medicine,

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

(c) regulating and ensuring the proper practice of veterinary medicine in the State, or

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

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

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

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

Penalties for offences under Part 5.

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

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months, or to both,

(b) on conviction on indictment—

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

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

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

PART 6

Veterinary Education and Training

Interpretation (Part 6).

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

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

“management” includes—

(a) administration of business and financial concerns,

(b) budgeting,

(c) use of information technology, and

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

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

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

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

Education Committee.

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

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

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

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

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

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

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

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

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

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

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

(6) Schedule 4 applies to the Education Committee.

Functions of Education Committee.

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

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

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

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

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

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

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

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

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

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

(i) to be undertaken by a registered person,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) to report to the Committee about their findings.

Approval of programme of education.

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

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

Prescription of educational qualifications for registration.

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) any other order that it considers appropriate.

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

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

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

Regulations in relation to programmes of further education.

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

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

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

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

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

(c) any other matter that the Council considers appropriate.

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

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

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

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

Persons in programmes of education and programmes of further education.

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

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

Disclosure of information or interests.

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

PART 7

Fitness to Practise

Interpretation (Part 7).

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

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

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

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

Preliminary Investigation Committee.

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

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

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

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

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

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

Fitness to Practise Committee.

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

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

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

(i) is not a member of the Council,

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

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

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

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

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

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

(c) The deputy chairperson may perform all of the functions that may be performed by the chairperson under this Part.

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

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

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

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

Appointment to Preliminary Investigation Committee or Fitness to Practise Committee.

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

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

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

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

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

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

(b) hold an inquiry under section 78 ,

(c) make a report under section 79 ,

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

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

Fitness to Practise — transitional.

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

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

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

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

(c) restoration to the Register of name erased for professional misconduct under section 37 of that Act,

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

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

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

Council may investigate fitness to practise.

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

Consideration of an application for an inquiry.

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

(a) his or her behaviour constitutes professional misconduct,

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

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

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

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

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

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

(a) in writing,

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

(c) accompanied by relevant information and documentation.

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

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

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

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

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

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

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

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

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

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

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

or

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

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

(8)  (a) If the Preliminary Investigation Committee fails to make a decision within the meaning of subsection (6), within 2 months of an application being directed to it under subsection (4) it will be taken to have referred the matter, without a decision, to the Council.

(b) The Council on a reference of an application for an inquiry to it under paragraph (a), may, having considered the matter and, having regard to its functions under this Act, within 2 months following that reference, decide any matter referred to in subsection (6).

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

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

(9) If the Council is notified by the Preliminary Investigation Committee that it has decided that the inquiry should not proceed, it may, within 2 months following that notification decide, having regard to its functions under this Act, that it is correct to proceed with the inquiry in whole or in part, and it shall notify the Preliminary Investigation Committee in writing of its decision to proceed and the reasons for it, as soon as may be.

(10) In this section—

“professional misconduct” includes any of the following by a registered person such as to give rise to a complaint of serious misconduct in a professional respect against him or her:

(a) an act;

(b) an omission;

(c) any conduct contrary to a code of professional conduct established by the Council under paragraph (c) of section 13 (2);

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

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

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

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

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

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

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

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

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

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

(c) any other order that it considers appropriate.

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

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

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

(c) by the Council under section 76 (9).

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

(i) the person who applied for the inquiry;

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

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

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

Inquiry by Fitness to Practise Committee.

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

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

(a) the chairperson, and

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

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

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

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

(i) of his or her professional misconduct,

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

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

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

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

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

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

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

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

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

(c) record, in writing, the answers of a person so examined.

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

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

(b) the compelling of production of documents,

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

(8)  (a) A person shall not—

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

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

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

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

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

or

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

(b) Subject to subsection (9), a person who contravenes paragraph (a) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding €3,000.

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

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

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

(b) In this subsection “under the care of a registered person” has the same meaning as it has in Regulation 44 of the Animal Remedies Regulations 1996 ( S.I. No. 179 of 1996 ) save that Regulation 44 shall be read as if any reference to a registered veterinary surgeon in that Regulation were a reference to a registered person within the meaning of this Act.

Report of Fitness to Practise Committee.

79.—(1) Following an inquiry under section 78 , the Fitness to Practise Committee shall make a report of the inquiry and its findings to the Council and shall specify in the report the nature of the application, the evidence laid before it and any other matter in relation to the registered person to whom the inquiry relates as it considers appropriate, including its opinion as to the professional misconduct or unfitness to practise of that registered person.

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

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

80.—(1) Where the Council receives a report from the Fitness to Practise Committee under section 79 (1), in which that Committee gives as its opinion that the registered person to whom the inquiry relates is not fit to practise, or is not fit to practise a specified type of veterinary medicine, or veterinary nursing as appropriate, it shall decide to do any of the following—

(a) remove the name of the registered person from all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate,

(b) direct that for a specified period the registration of the registered person in all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate, shall not have effect, or

(c) attach such of the following conditions as it thinks fit, to the retention of the name of the registered person in all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate:

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

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

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

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

(v) other specified conditions.

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

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

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

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

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

(c) any other order that it considers appropriate.

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

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

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

(c) any other order that it considers appropriate.

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

Function of Council to advise, warn or censure.

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

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

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

Contribution by registered person.

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

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

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

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

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

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

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

(c) The Minister may, by order amend an order made under this subsection, including under this paragraph.

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

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

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

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

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

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

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

(c) any other order that it considers appropriate.

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

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

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

(c) any other order that it considers appropriate.

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

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

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

Restoration to relevant register.

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

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

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

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

(a) the decision,

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

(c) in the case of subsection (3) conditions (if any) removed,

(d) the reasons for the decision,

(e) the date on which it was made.

(5) A person who receives a notification under subsection (4) may appeal to the High Court against the decision specified in the notification including any condition to which subsection (1) or (3) relates, within a period of 21 days beginning on the date of such receipt.

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

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

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

(c) any other order that it considers appropriate.

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

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

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

(c) any other order that it considers appropriate.

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

Person convicted of offence triable on indictment.

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

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

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

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

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

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

(c) any other order that it considers appropriate.

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

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

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

(c) any other order that it considers appropriate.

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

Privilege in respect of certain matters.

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

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

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

(c) reports of either of those Committees to the Council, or

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

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

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

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

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

(c) the suspension of the name of a person from it,

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

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

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

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

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

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

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

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

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

(a) it may appoint—

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

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

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

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

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

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

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

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

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

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

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