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Registration and qualification for registrationU.K.

2 Register of veterinary surgeons.U.K.

(1)There shall continue to be a register known as the register of veterinary surgeons (hereafter in this Act referred to as “the register”) containing the names, addresses and qualifications of all persons who are entitled under the provisions of this Act to be registered therein.

(2)The register shall consist of [F1five] lists—

[F2(a)one, to be called the general list, of persons entitled to be registered in the register under section 3, 4, 5A or 5B of this Act;]

(b)one, to be called the Commonwealth list, of persons entitled to be so registered as holding some Commonwealth qualification;

(c)one, to be called the foreign list, of persons so registered as holding some foreign qualification;

(d)one, to be called the temporary list, of persons entitled to be so registered under section 7 of this Act[F3; and

(e)one, to be called the visiting European list, of persons entitled to be so registered under Schedule 1B to this Act]

Textual Amendments

3 Right of holders of university degrees to be registered.U.K.

(1)Where—

(a)a university in the United Kingdom provides courses of study and examinations leading to a veterinary degree, and

(b)it appears to the Privy Council, after consultation with the Council of the College, that the courses of study and examinations are such as sufficiently to guarantee that holders of the [F4degree—

(i)will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery; and

(ii)will have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,]

the Privy Council may by order (in this Act referred to as “a recognition order”) direct that any person on whom, during the continuance in force of the order, the degree is conferred after attending those courses at that university shall be entitled to be registered in the register and shall on being so registered become a member of the College.

(2)If, while a recognition order is in force, it appears to the Council that the courses of study and examinations leading to the degree to which the order relates are no longer such as to justify the continuance in force of the order, the Council may make representations to that effect to the Privy Council.

(3)Where any representations are made under the last foregoing subsection, the Privy Council shall give notice to the university in question that the representations have been made, together with such particulars thereof as may be requisite to enable the university to formulate their observations on or objections to the representations.

(4)The Privy Council shall consider any such representations and any such observations or objections made within such time not less than two months from the giving of the notice under the last foregoing subsection as the Privy Council may determine, and may if they think fit by order revoke or suspend the recognition order.

(5)An order under the last foregoing subsection suspending a recognition order may be revoked by a subsequent order of the Privy Council if it appears to them expedient in consequence of representations made by the Council of the College or by the university in question that the recognition order should be revived.

Textual Amendments

4 Examination by the College of students of certain universities.U.K.

[F5(1)On the application of any university in the United Kingdom for which no recognition order is in force the Privy Council may—

(a)after consultation with the Council of the College; and

(b)if it is of the opinion that the training provided to students of veterinary surgery attending at that university satisfies the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,

direct the College to hold examinations in veterinary surgery for the students of veterinary surgery attending at that university; and any such student passing any such examination shall be entitled to be registered in the register and shall on being so registered become a member of the College.]

(2)A direction under the foregoing subsection with respect to any university shall cease to have effect on the coming into force or revival of a recognition order for that university or may be revoked by a subsequent direction of the Privy Council made after consultation with that university and with the Council of the College.

Textual Amendments

5 Supervisory functions of the Council.U.K.

(1)The following provisions of this section shall have effect for the purpose of securing that the courses of study to be followed by students training to be veterinary surgeons and the standard of proficiency required for registration in the register shall be such as sufficiently to guarantee that persons registered in the register will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery [F6and will have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive] : and it shall be the duty of the Council to exercise the powers conferred on them by those provisions so far as necessary for that purpose.

(2)The Council may appoint persons to visit the universities for which recognition orders are in force or are proposed to be made, and any other universities which for the time being provide or propose to provide courses leading to examination by the College, and to report on the courses of study, staffing, accommodation and equipment available for training in veterinary surgery and the other arrangements and facilities for such training.

(3)The Council may appoint persons to attend at examinations in any aspect of veterinary surgery at universities for which recognition orders are in force or are proposed to be made and to report to the Council as to the sufficiency of the examinations and as to such other matters relating thereto as the Council may require:

Provided nothing in this subsection shall authorise a person appointed therein to interfere with the conduct of any examination.

(4)On the receipt of any report made under this section—

(a)the Council shall send a copy of the report to the university concerned;

(b)the university may within the period of two months from the receipt of the copy make observations on or objections to the report to the Council;

(c)as soon as practicapracticable after the expiration of that period the Council shall send the Privy Council a copy of the report and of any such observations or objections which are duly made, together with the comments of the former on the report and the observations or objections.

(5)A university for which a recognition order is in force shall, on being requested in writing so to do by the Council, furnish the Council with such information as may be specified in the request as to the courses of study and examinations leading to the degree to which the recognition order relates; and a university for whose students of veterinary surgery examinations are held under the last foregoing section shall, on being so requested, furnish the Council with such information as may be so specified as to the courses of study preparing students for those examinations.

Textual Amendments

[F75A Registration of Community rights entitled persons: European qualifications U.K.

(1)A person who is a Community rights entitled person is entitled [F8under this section] to be registered in the register if—

[F9(za)the person is not entitled under section 3 to be registered in the register;]

(a)the person is an eligible European veterinary surgeon (see Schedule 1A);

(b)the person applies to be so registered by producing to the registrar the documentation specified in subsection (3); F10...

(c)the registrar, where the documentation produced under paragraph (b) shows that the person has been convicted of any criminal offence or offences (whether in the United Kingdom or elsewhere), is of the opinion that the person’s having been convicted of the offence or offences does not render the person unfit to practise veterinary surgery[F11;

(d)the registrar, where an alert has been received under Article 56a of Directive 2005/36/EC in respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and

(e)the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom].

(2)A person shall become a member of the College on being registered under subsection (1).

(3)The documentation referred to in subsection (1)(b) is—

(a)evidence of the qualification by virtue of which the person is an eligible European veterinary surgeon and, if—

(i)that qualification is one listed in [F12the Directive table] ; and

(ii)an accompanying certificate is specified in that [F13table] for that qualification,

that certificate;

(b)any additional documentation required pursuant to Schedule 1A;

(c)if the person is a national of a relevant European State F14..., proof of the person’s nationality;

(d)if the person is not a national of a relevant European State F14..., proof that the person is a Community rights entitled person; F15...

(e)evidence of the person’s character[F16; and

(f)evidence that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom].

(4)Subsection (5) applies where the registrar has a reasonable doubt as to the authenticity of documentation that—

(a)is produced by a person under subsection (1)(b); and

(b)purports to be documentation specified in the person’s case by subsection (3)(a) or (b).

(5)Where this subsection applies, the registrar may, before deciding whether the person concerned is entitled under this section to be registered in the register, require from a competent authority of a relevant European State—

(a)confirmation of the authenticity of the documentation; or

(b)confirmation that the person fulfils the minimum training conditions set out in Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,

for the purpose of resolving doubt.

(6)Subsection (7) applies where—

(a)the evidence of the qualification by virtue of which a person is an eligible European veterinary surgeon was issued after training that included training received in whole or part in an establishment legally established in a relevant European State (“the other training State”) that is not the relevant European State in which the evidence of qualification was issued (“the issuing State”); and

(b)the registrar has a reasonable doubt as to whether the person is entitled under this section to be registered in the register.

(7)Where this subsection applies, the registrar before deciding whether the person concerned is entitled under this section to be registered in the register may, for the purpose of resolving doubt, require verification from a competent authority in the issuing State as to—

(a)whether the training course at the establishment in the other training State has been formally certified by the educational establishment based in the issuing State;

(b)whether the evidence of qualification issued is the same as that which would have been issued if the course had been followed entirely in the issuing State; and

(c)whether the evidence of qualification confers the same professional rights in the territory of the issuing State as evidence of a qualification issued where the course had been followed entirely in the issuing State.

(8)The registrar shall, within one month of receiving documentation from a person under subsection (1)(b)—

(a)acknowledge receipt of the documentation; and

(b)inform the person of any missing documentation which is required to establish that the person is entitled under this section to be registered in the register.

(9)Where the registrar has received documentation from a person under subsection (1)(b), the registrar shall, within three months of receiving all the documentation and information required under this section in the person’s case, give the person notice in writing—

(a)of the registrar’s decision as to whether the person is entitled under this section to be registered in the register;

(b)of the reasons for that decision; and

(c)if the registrar’s decision is that the person is not so entitled, of the person’s right of appeal to the registration appeals committee.

(10)In subsection [F17(3)(e)] “evidence”, in relation to a person’s character, means—

(a)a document stating the person’s character issued by a competent authority in—

(i)the relevant European State in which the person obtained the person’s qualification in veterinary science; or

(ii)(if different) the relevant European State from which the person comes to the United Kingdom; or

(b)where a document stating the person’s character is not issued by a competent authority in a relevant European State mentioned in paragraph (a), a certificate—

(i)attesting to the authenticity of a declaration stating the person’s character made by the person on oath, or in solemn form, before a competent judicial or administrative authority, or notary, of that State; and

(ii)issued by the authority or notary mentioned in sub-paragraph (i),

(11)For the purposes of subsection (10), a document or declaration states a person’s character if it shows—

(a)that the person has not been held to have been guilty of serious professional misconduct (in the United Kingdom or elsewhere);

(b)whether or not the person has been convicted (in the United Kingdom or elsewhere) of any criminal offences; and

(c)the criminal offence or offences (if any) of which the person has been convicted (whether in the United Kingdom or elsewhere).]

Textual Amendments

Modifications etc. (not altering text)

C1 S. 5A restricted by S.I. 1980/1951 , art. 4(1)

[F185BRegistration of Community rights entitled persons: knowledge and skillU.K.

(1)A person who is a Community rights entitled person is entitled [F19under this section] to be registered in the register if—

(a)the person is not entitled under section 5A of this Act to be registered;

[F20(b)the person’s case falls within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015;

(c)regulations 27 to 34 of those Regulations apply to the person by reason of the operation of regulation 3(5) of those Regulations;]

(d)the person is permitted to pursue the profession of veterinary surgeon in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the person may be required to undertake pursuant to that Part of those Regulations)[F21;

(e)the registrar, where an alert has been received under Article 56a of Directive 2005/36/EC in respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and

(f)the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom].

(2)A person shall become a member of the College on being registered under this section.

Textual Amendments

[F225ZBA.Requirement to demonstrate knowledge of languageU.K.

(1)This section applies where—

(a)the registrar has a serious and concrete doubt about whether a person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom, as mentioned in section 5A(1)(e), section 5B(1)(f) and section 6(1)(d); or

(b)the registrar is not satisfied that evidence provided by a person under section 5A(3)(f) or paragraph 5(3)(e) of Schedule 1B shows that person to have a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom.

(2)The registrar may—

(a)require the person to demonstrate that that person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom; and

(b)refuse to register that person in the register until that person has done so.]

Textual Amendments

5BARemoval from the register of names of persons who cease to be Community rights entitled personsU.K.

(1)If a person registered in the register pursuant to section 5A or 5B ceases to be a Community rights entitled person, the registrar may remove that person’s name from the register.

(2)Where the registrar removes a person’s name from the register pursuant to subsection (1), the registrar shall give that person notice that the person’s name has been removed from the register under this section on the ground that the registrar considers that the person has ceased to be a Community rights entitled person.]

Textual Amendments

[F235CAppeals in connection with registration under section 5AU.K.

(1)If a person who has applied for registration under section 5A is given notice under (and within the period specified in) subsection (9) of that section that the application is refused, the person may appeal to the Council.

(2)If a person who has applied for registration under section 5A is not given notice of the decision on the application within the period specified in subsection (9) of that section—

(a)the application is deemed to have been refused at the end of that period; and

(b)the person may appeal to the Council.

(3)The deadline for bringing an appeal under subsection (1) is the end of the four months beginning with the day on which the notice is received by the person.

(4)The deadline for bringing an appeal under subsection (2) is the end of the four months beginning with the last day of the period specified in section 5A(9).

Textual Amendments

5CAAppeals in connection with registration under section 5BU.K.

(1)Subsections (2) to (4) apply if a person has made an application for authorisation under Part 3 of the [F24European Union (Recognition of Professional Qualifications) Regulations 2015] to pursue the profession of veterinary surgeon in the United Kingdom [F25(including an application to pursue an activity for which partial access to the profession was sought in accordance with regulations 10 and 11 of those Regulations)] .

(2)If the person is given notice under (and within the period specified in) [F26regulation 42(2)] of those Regulations that the application is refused, the person may appeal to the Council.

(3)If the person is not given notice of the decision on the application within that period—

(a)the application is deemed to have been refused at the end of that period; and

(b)the person may appeal to the Council.

(4)If the person has not by the end of that period been registered in the register on the basis of entitlement under section 5B, the person may appeal to the Council.

(5)The deadline for bringing an appeal under subsection (2) is the end of the four months beginning with the day on which the notice is received by the person.

(6)The deadline for bringing an appeal under subsection (3) or (4) is the end of the four months beginning with the last day of the period referred to in subsection (2).

Textual Amendments

5CBAppeals in connection with the visiting European listU.K.

If a person claims to be entitled to be registered in the visiting European list, but the person is not registered in that list, the person may appeal to the Council.

Textual Amendments

5CCAppeals in connection with removal under section 5BAU.K.

(1)If under section 5BA a person’s name has been removed from the register, that person may appeal to the Council.

(2)The deadline for bringing an appeal under subsection (1) is the end of the four months beginning with—

(a)the date of removal of the person’s name from the register; or

(b)if later, the date when the person receives notification, under section 5BA(2), of the removal.

Textual Amendments

[F275CCA.Appeals in connection with alerts sent to other competent authoritiesU.K.

(1)If the College decides, under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, to send an alert to the appropriate competent authorities of other relevant European States about a person, that person may appeal to the Council.

(2)The deadline for bringing an appeal under subsection (1) is the end of the period of 28 days beginning with the date when the person receives notification of the College’s decision to send an alert.]

Textual Amendments

5CDAppeals under sections 5C, 5CA [F285CB, 5CC and 5CCA] U.K.

(1)An appeal to the Council under section 5C, 5CA, [F295CB, 5CC or 5CCA] shall be referred to the registration appeals committee which may—

(a)dismiss the appeal;

(b)allow the appeal and ;

(i)[F30quash the decision appealed against][F31 ; and

(ii)in the case of appeals under section 5CCA, require the College to notify the appropriate competent authorities of a successful appeal;]

(c)substitute for the decision appealed against any other decision which could have been made; or

(d)remit the case to the registrar to dispose of in accordance with the directions of the registration appeals committee.

(2)The registration appeals committee shall, within 28 days of making a decision on an appeal under section 5C, 5CA, [F325CB, 5CC or 5CCA] , give notice of its decision to the appellant.

(3)A notice under subsection (2) shall—

(a)give reasons for the decision of the registration appeals committee; and

(b)refer to the appellant’s right to appeal to the appropriate court against the decision of the registration appeals committee.

Textual Amendments

5CEAppeals from decisions on appeals under sections 5C, 5CA, [F335CB, 5CC and 5CCA] U.K.

(1)A person who has appealed under section 5C, 5CA, [F345CB, 5CC or 5CCA] may appeal to the appropriate court against a decision of the registration appeals committee on the appeal.

(2)The deadline for bringing an appeal under subsection (1) is the end of the 28 days beginning with the day on which the person is under section 5CD(2) notified of that decision.

(3)The Council may appear as respondent on an appeal under subsection (1) and, for the purpose of enabling directions to be given as to costs (or in Scotland, expenses) of any such appeal, shall be deemed to be a party to the appeal whether they appeared at the hearing or not.

(4)On an appeal under subsection (1), the appropriate court may—

(a)dismiss the appeal;

(b)allow the appeal and

(i)F35[quash the decision of the registration appeals committee][F36 ; and

(ii)in the case of appeals under section 5CCA, require the College to notify the appropriate competent authorities of a successful appeal;]

(c)substitute for the decision appealed against any other decision which could have been made by the registration appeals committee; or

(d)remit the case to the registration appeals committee to dispose of in accordance with the directions of the court,

and may make such order as to costs (or in Scotland, expenses) as it thinks fit.

(5)In this section “appropriate court” means—

(a)[F37 the county court in England and Wales or a county court in Northern Ireland ] ; or

(b)in the case of a person whose address in the register would, if the person were registered, be in Scotland, the sheriff in whose sheriffdom the address is situated.]

Textual Amendments

F37Words in s. 5CE(5)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 139; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F385DRegistration appeals committeeU.K.

(1)The Council shall set up a committee of the Council to be known as the registration appeals committee which shall be charged with considering and determining appeals under [F39sections 5C, 5CA, [F405CB, 5CC and 5CCA]] of this Act.

(2)The registration appeals committee shall consist of five members of the Council, not more than three of whom shall be members of the College.

(3)The quorum for a meeting of the registration appeals committee shall be three, not more than two of whom shall be members of the College.

(4)The Council shall make rules relating to the appointment of members of the registration appeals committee, the constitution of that committee and the procedure to be followed in relation to appeals to that committee, including provision as to any rules of evidence to be observed in such appeals.]

Textual Amendments

6 Qualification for registration as a Commonwealth or foreign practitioner.U.K.

(1)A person who shows to the satisfaction of the registrar—

(a)that he is of good character,

(b)that he F41...

(i)F42[holds a Commonwealth or foreign qualification in veterinary surgery][F43; or

(ii)holds a qualification in veterinary surgery granted in a relevant European State other than the United Kingdom (whether or not that qualification is listed in the Directive table or Table B of Schedule 1A) but is not entitled to register under section 5A or 5B,]

(c)that he has satisfied the Council that he has the requisite knowledge and skill to fit him for practising veterinary surgery in the United Kingdom, [F44and

(d)that he has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom,]

shall be entitled [F45under this section] to be registered in the register and on being so registered shall become a member of the College.

[F46(1A)The Council, when deciding for the purposes of this section what standard of knowledge and skill is required to fit a person for practising veterinary surgery in the United Kingdom, must select a standard that is the same as, or exceeds, the standard of knowledge and skill that would be possessed by a person holding qualifications satisfying the minimum training requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC.]

(2)Without prejudice to any other steps which the Council may take for the purpose of satisfying themselves that a person has [F47the requisite knowledge and skill to fit the person for practising veterinary surgery in the United Kingdom] , the Council shall for that purpose, except in a case falling within the next following subsection, require him to sit for examinations held for the purposes of this section by or under arrangements made by the College.

(3)If a Commonwealth or foreign qualification held by a person is of a kind accepted for the time being by the Council as constituting, in itself, satisfactory proof of that person’s possessing the requisite knowledge and skill to fit him for practising veterinary surgery in the United Kingdom, that person shall be taken to have satisfied the Council that he has the said knowledge and skill.

(4)The Council may make regulations as to the examinations to be held for the purposes of this section, and may include in the regulations provisions for withdrawing the right to sit for any such examinations from a person who has not paid the fee prescribed by the regulations for sitting for the examinations, or from a person who has previously failed to pass such examinations on such number of occasions as may be prescribed by the regulations.

(5)The Council may direct that a particular person who has passed the examinations required to obtain a Commonwealth or foreign qualification shall be treated for the purposes of this section as a person holding a Commonwealth or foreign qualification, as the case may be.

[F48(6)No person shall be registered under this section if he is entitled to be registered under section 5A or 5B of this Act.]

Textual Amendments

7 Temporary registration.U.K.

(1)The Council may, with a view to permitting—

(a)a person who satisfies them that he has attended a course of study, and has passed the examinations, leading to a degree to which a recognition order relates; and

(b)a person holding a Commonwealth or foreign qualification in veterinary surgery,

to practise veterinary surgery temporarily or otherwise subject to restrictions, direct that he be registered in the register subject to such restrictions as the Council may specify in the direction with respect to the period for which, the place or places at which and the circumstances in which he may practise veterinary surgery; and any person with respect to whom a direction is given under this subsection shall be entitled to be registered in the register subject to the entry against his name of the restrictions so specified.

(2)Registration under this section shall not make it lawful for a person to practise veterinary surgery otherwise than subject to the said restrictions.

(3)Where a person registered under this section fails to comply with any of the restrictions subject to which he is registered, the Council may cause his name to be removed from the register.

(4)The Council may direct that a particular person who has passed the examinations required to obtain a Commonwealth or foreign qualification shall be treated for the purposes of this section as a person holding a Commonwealth or foreign qualification, as the case may be.

[F497AVisiting European veterinary surgeonsU.K.

Schedule 1B (provision for registration in the visiting European list of the register in connection with services provided on a temporary and occasional basis) shall have effect.]

Textual Amendments

8 Supplementary veterinary register.U.K.

(1)There shall continue to be a register known as the supplementary veterinary register containing the names and addresses of the following persons (to be known as veterinary practitioners), that is to say—

(a)the persons who immediately before the commencement of this Act were registered in that register;

(b)the persons who having been so registered at some previous time were not then so registered, but whose names are restored to that register under section 18 of this Act; and

(c)the persons entitled to be registered in that register under the next following subsection.

(2)Any person who for an aggregate of not less than seven out of the ten years immediately preceding 2nd December 1965 held a licence under section 7 of the M1Veterinary Surgeons Act 1948 (licensing of employees of certain societies and institutions providing free treatment for animals) shall be entitled to be registered in the supplementary veterinary register, but shall not be entitled to practise veterinary surgery—

(a)otherwise than as an employee of any society or institution mentioned in subsection (1) of that section; or

(b)except with permission granted by the Council and subject to such restrictions as the Council may impose.

(3)Where a person is registered in the supplementary veterinary register under the last foregoing subsection, the entry against his name in the register shall state—

(a)whether he is the employee of any such society or institution as aforesaid;

(b)whether he has been granted permission to practise veterinary surgery; and

(c)any restrictions subject to which he may practise it.

(4)Where a person registered in the supplementary veterinary register under subsection (2) of this section fails to comply with any restrictions subject to which he is so registered, the Council may cause his name to be removed from the register.

(5)A certificate purporting to be a certificate of the Minister of Agriculture, Fisheries and Food stating that any person held, or did not hold, a licence under section 7 of the M2Veterinary Surgeons Act 1948 for a period specified in the certificate shall be conclusive for the purposes of this section of the matters stated in the certificate.

Marginal Citations