Veterinary Surgeons Act 1966

The Council U.K.

1 The Council of the Royal College of Veterinary Surgeons. U.K.

(1) For the purpose of managing the affairs of the Royal College of Veterinary Surgeons there shall continue to be a Council of the College consisting (subject to any Order in Council under section 21 of this Act) of the following persons, that is to say—

(a) twenty-four persons (hereafter in this Act referred to as “elected members of the Council”) elected from among themselves by members of the College . . . F1 ;

(b) four persons appointed by the Privy Council;

(c) for each university in the United Kingdom for which a recognition order is in force, two persons appointed by that university of whom at least one shall be a member of the College.

[F2 (1A) A member of the College who, by virtue of article 3(1) or 3(2) of the Agreement with respect to veterinary surgeons made beween Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland and given effect to in the United Kingdom by the Veterinary Surgeons (Agreement with the Republic of Ireland) Order M1 1988, is not required to pay a fee in respect of his membership of the College, may not vote, propose any candidate or stand as a candidate in any election of members of the Council which takes place after 31st May 1988 unless he has paid, in respect of every membership year that has occurred between that date and the date of the election, the fee prescribed by regulation of the Council under section 11(1)(b) of this Act on or before 31st March in every such year; and in this sub-section “membership year” means the membership year of the College running from the 1st day of April to the 31st day of March.]

(2) There shall continue to be a President and two Vice-Presidents of the College elected from among themselves by members of the Council.

(3) Schedule 1 to this Act shall have effect with respect to the tenure of office, election and appointment of the President and Vice-Presidents of the College and of the other members of the Council and with respect to other matters relating to the Council.

(4) Where the Privy Council make an order under section 3 of this Act which will result in a change in the number of members appointed under subsection (1)(c) of this section, they may by order after consultation with the Council of the College—

(a) make such alteration in the number of elected members of the Council of the College as appears to them expedient in view of the making of the order under the said section 3 for the purpose of securing that there is a majority of elected members over all other members of the Council of the College; and

(b) make such consequential provision with respect to the term of office of the elected members (including provision modifying Schedule 1 to this Act) as appears to them necessary or expedient in consequence of the change in the total number of elected members.

Textual Amendments

F1 Words repealed by S.I. 1988/784, art. 4(a)

F2 S. 1(1A) inserted by S.I. 1988/784, art. 4(b)

Marginal Citations

M1 S.I. 1988/784.

[F3 The College’s European functions U.K.

Textual Amendments

F3 S. 1A and cross-heading inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 1 (with reg. 4)

1A Functions of the College as competent authority U.K.

(1) For the purposes of Directive 2005/36/EC the College is the competent authority in the United Kingdom as concerns veterinary surgeons.

(2) The designation of the College under subsection (1) does not extend to the awarding of veterinary degrees.

(3) In consequence of its designation under subsection (1), the College shall in the United Kingdom carry out (in particular) the mutual-recognition functions as concerns veterinary surgeons.

(4) The carrying-out of the following functions in the United Kingdom is not entrusted to the College by subsection (3)—

(a) the function of awarding veterinary degrees;

(b) any other mutual-recognition functions the carrying-out of which, as concerns veterinary surgeons, is entrusted to any person by or under any enactment other than this section.

(5) Each university in the United Kingdom for which a recognition order is in force is for the purposes of Directive 2005/36/EC a competent authority in the United Kingdom as concerns the awarding of veterinary degrees.

(6) The College, in its capacity as a competent authority, shall—

(a) work in close collaboration with competent authorities of other relevant European States;

(b) provide assistance to competent authorities of other relevant European States in accordance with and in order to facilitate the application of Directive 2005/36/EC; and

(c) ensure the confidentiality of the information which it sends to or receives from a competent authority in another relevant European State.

(7) The College shall exchange information with competent authorities of other relevant European States regarding—

(a) disciplinary action taken;

(b) criminal sanctions imposed; or

(c) any other serious, specific circumstances,

where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of activities under this Act or under Directive 2005/36/EC.

(8) In exchanging information under subsection (7), the College shall respect personal data protection legislation in the United Kingdom that implements—

(a) Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data; or

(b) Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector.

(9) In this section “mutual-recognition functions” means the functions specified in Directive 2005/36/EC that a relevant European State, in giving effect to that Directive, must or may cause to become functions of any of the authorities and bodies designated in that State as competent authorities for the purposes of that Directive.]

Registration and qualification for registration U.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 [F4 five] lists—

[F5 (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[F6 ; 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

F4 Word in s. 2(2) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 2(a) (with reg. 4)

F5 S. 2(2)(a) substituted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 1

F6 S. 2(2)(e) and word inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 2(b) (with reg. 4)

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 [F7 degree—

(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

F7 Words in s. 3(1)(b) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 3 (with reg. 4)

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

[F8 (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

F8 S. 4(1) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 4 (with reg. 4)

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 [F9 and 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

F9 Words in s. 5(1) inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 5 (with reg. 4)

[F10 5A Registration of Community rights entitled persons: European qualifications U.K.

(1) A person who is a Community rights entitled person is entitled to be registered in the register if—

(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); and

(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.

(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 Table A of Schedule 1A; and

(ii) an accompanying certificate is specified in that Table 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 other than the United Kingdom, proof of the person’s nationality;

(d) if the person is not a national of a relevant European State other than the United Kingdom, proof that the person is a Community rights entitled person; and

(e) evidence of the person’s character.

(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 (3)(d) “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),

• being a document or (as the case may be) certificate that is not more than three months old when produced to the registrar.

(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

F10 S. 5A substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 6 (with reg. 4)

Modifications etc. (not altering text)

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

[F11 5B Registration of Community rights entitled persons: knowledge and skill U.K.

(1) A person who is a Community rights entitled person is entitled to be registered in the register if—

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

(b) the person’s case falls within regulation 3(9)(a) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007;

(c) regulations 20 to 26 of those Regulations apply to the person by reason of the operation of regulation 3(4) of those Regulations; and

(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).

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

Textual Amendments

F11 Ss. 5B, 5BA substituted for s. 5B (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 7 (with reg. 4)

5BA Removal from the register of names of persons who cease to be Community rights entitled persons U.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

F11 Ss. 5B, 5BA substituted for s. 5B (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 7 (with reg. 4)

[F12 5C Appeals in connection with registration under section 5A U.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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

5CA Appeals in connection with registration under section 5B U.K.

(1) Subsections (2) to (4) apply if a person has made an application for authorisation under Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 to pursue the profession of veterinary surgeon in the United Kingdom.

(2) If the person is given notice under (and within the period specified in) regulation 34(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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

5CB Appeals in connection with the visiting European list U.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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

5CC Appeals in connection with removal under section 5BA U.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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

5CD Appeals under sections 5C, 5CA 5CB and 5CC U.K.

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

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(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, 5CB or 5CC, 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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

5CE Appeals from decisions on appeals under sections 5C, 5CA, 5CB and 5CC U.K.

(1) A person who has appealed under section 5C, 5CA, 5BC or 5CC 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 quash the decision of the registration appeals committee;

(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) a county court; 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

F12 Ss. 5C-5CE substituted for s. 5C (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 8 (with reg. 4)

[F13 5D Registration appeals committee U.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 [F14 sections 5C, 5CA, 5CB and 5CC] 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

F13 S. 5D inserted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 5

F14 Words in s. 5D(1) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 9 (with reg. 4)

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 holds a Commonwealth or foreign qualification in veterinary surgery, and

(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,

shall be entitled to be registered in the register and on being so registered shall become a member of the College.

[F15 (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 [F16 the 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.

[F17 (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

F15 S. 6(1A) inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 10(1) (with reg. 4)

F16 Words in s. 6(2) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 10(2) (with reg. 4)

F17 S. 6(6) substituted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 6

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.

[F18 7A Visiting European veterinary surgeons U.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

F18 S. 7A inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 11 (with reg. 4)

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 M2 Veterinary 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 M3 Veterinary 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

M2 1948 c. 52.

M3 1948 c. 52.

Supplementary provisions as to the register and registration U.K.

9 Keeping, evidential effect and publication of the register. U.K.

(1) The register shall be kept by the registrar of the College who shall be appointed by the Council.

(2) The registrar shall perform such other duties in connection with the register as the Council may direct, and in the execution of his duties he shall act on such evidence as in each case appears sufficient.

(3) The Council shall cause the register to be printed and published as often as they think fit.

(4) If in any year the register is not published, the Council shall cause any alterations in the entries in that register which have been made since the last publication thereof to be printed and published within that year.

(5) A copy of the register purporting to be printed and published by the Council shall, as altered by any alterations purporting to be printed and published by the Council, be evidence (and in Scotland sufficient evidence) that the persons specified in the register are registered therein; and the absence of a person’s name from any such copy shall be evidence (and in Scotland sufficient evidence) that he is not registered in the register.

(6) In the case of a person whose name does not appear in any such copy of the register as altered as aforesaid, a certified copy, under the hand of the registrar, of the entry relating to that person in the register shall be evidence (and in Scotland sufficient evidence) of the entry.

(7) The registrar shall from time to time insert in the register any alteration which may come to his knowledge in the name or address of any registered person.

(8) The foregoing provisions of this section shall apply in relation to the supplementary veterinary register as they apply in relation to the register of veterinary surgeons.

10 Procedure for registration. U.K.

(1) Any right to registration in the register or the supplementary veterinary register shall be conditional on the making of an application supported by such evidence as is required by the following subsection and, in the case of registration in the supplementary veterinary register of persons mentioned in section 8(1)(c) of this Act, on the making of the application within six months of the commencement of this Act.

(2) A person applying to be registered in either of the said registers shall produce or send to the registrar the document conferring or evidencing his qualification for registration, together with a statement of his name and address and such other particulars, if any, as may be required for registration.

[F19 (3) Subsections (1) and (2) do not apply in relation to registration pursuant to section 5A or 5B or Schedule 1B.]

Textual Amendments

F19 S. 10(3) inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 12 (with reg. 4)

Modifications etc. (not altering text)

C2 Ss. 10, 11 excluded by S.I. 1980/1951, art. 5(6)

11 Power to make regulations, etc., with respect to the register. U.K.

(1) The Council may make regulations with respect to the form and keeping of the register, the making of entries therein and the removal of entries therefrom and, in particular,—

(a) prescribing a fee to be charged on the entry of a name in the register or on the restoration of any entry to the register;

(b) prescribing a fee to be charged in respect of the retention in the register of the name of a person in any year subsequent to the year in which he was first registered;

(c) authorising the registrar, notwithstanding anything in this Act, to refuse to make in, or restore to, the register any entry until a fee prescribed by regulations under this section has been paid.

(2) Regulations under this section may authorise the registrar to remove from the register the name of a person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed under paragraph (b) of the foregoing subsection.

(3) If, within such period as may be prescribed by regulations under this section, any person whose name has been removed from the register in accordance with regulations made by virtue of the last foregoing subsection pays the fee due from him, together with such additional sum (if any) as may be so prescribed, his name shall be restored to the register and, if the Council so direct, shall be deemed for all purposes not to have been removed therefrom.

(4) Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in prescribed cases.

(5) The Council may give directions authorising any additional qualifications specified in the directions to be entered in the register on the application of registered veterinary surgeons by whom they are held.

(6) The foregoing provisions of this section shall apply in relation to the supplementary veterinary register as they apply in relation to the register of veterinary surgeons; but any regulations under this section may make different provision in relation to the two registers.

[F20 (7) Regulations under this section may not prescribe fees in connection with registration in, or restoration or retention of registration in, the visiting European list of the register.]

Textual Amendments

F20 S. 11(7) inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 13 (with reg. 4)

Modifications etc. (not altering text)

C3 Ss. 10, 11 excluded by S.I. 1980/1951, art. 5(6)

12 Abbreviations of qualifications granted abroad. U.K.

Where a person’s name is entered in the Commonwealth list or the foreign list, or an additional qualification granted in a place outside the United Kingdom is entered against a person’s name in any part of the register, the registrar shall enter the qualification by virtue of which that person is registered or, as the case may be, the additional qualification, in such abbreviated form as the registrar, after consultation with the Council, may select as being convenient.

13 Removal of names of deceased persons and of those who have ceased to practise. U.K.

(1) The registrar shall remove from the register the name of every deceased person and, on registering the death of a registered veterinary surgeon, a registrar of births and deaths shall, without charge, send forthwith by post to the registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(2) If a registered veterinary surgeon has ceased to practise the registrar may at his request or with his consent remove his name from the register.

(3) The registrar may send by post to a registered veterinary surgeon a notice inquiring whether he has ceased to practise or has changed his residence and, if no answer is received to the inquiry within six months from the posting of the notice, he may remove the name of the registered veterinary surgeon from the register.

(4) Where a person’s name has been removed from the register under subsection (2) or (3) of this section, the name may be restored to the register on his application unless the original entry of his name was incorrectly or fraudulently made.

(5) This section shall apply in relation to the supplementary veterinary register and persons registered in that register as it applies in relation to the register of veterinary surgeons and registered veterinary surgeons.

14 Incorrect and fraudulent entries in the register. U.K.

It shall be the duty of the Council to refer to the disciplinary committee any case in which it appears to the Council that an entry in the register of veterinary surgeons or the supplementary veterinary register has been fraudulently made and to remove from that register any other entry which has been incorrectly made.

Disciplinary and similar proceedings U.K.

15 Preliminary investigation and disciplinary committees. U.K.

(1) The Council shall set up a committee of the Council to be known as the preliminary investigation committee which shall be charged with the duty of conducting a preliminary investigation into every disciplinary case (that is to say, a case in which it is alleged that a person is liable to have his name removed from the register or to have his registration suspended under the next following section) and of deciding whether the case should be referred to the disciplinary committee.

(2) There shall continue to be a committee of the Council known as the disciplinary committee charged with the duty of considering and determining—

(a) any disciplinary case referred to them by the preliminary investigation committee; and

(b) any other case of which the disciplinary committee has cognizance under section 18 of this Act.

(3) The provisions of Part I of Schedule 2 to this Act shall have effect with respect to the constitution of the preliminary investigation and disciplinary committees, and the provisions of Part II of that Schedule shall have effect with respect to the procedure of the disciplinary committee.

16 Removal of names from register for crime or disgraceful conduct. U.K.

(1) If—

(a) a person registered in the register is convicted in the United Kingdom or elsewhere of a criminal offence which, in the opinion of the disciplinary committee, renders him unfit to practise veterinary surgery; or

(b) any such person is judged by the disciplinary committee to have been guilty of disgraceful conduct in any professional respect; or

(c) the disciplinary committee is satisfied that the name of any such person has been fraudulently entered in the [F21 register; or

(d) a person registered in the register otherwise than under Schedule 1B misconducts himself in a professional respect, and as a result—

(i) ceases, in any relevant European State other than the United Kingdom, to be registered or recognised as a veterinary surgeon; or

(ii) is prohibited, in any relevant European State other than the United Kingdom, from practising (whether on a permanent or temporary basis) as a veterinary surgeon,]

the committee may, if they think fit, direct that his name shall be removed from the register or (except in a case falling within paragraph (c) of this subsection) that his registration therein shall be suspended, that is to say, it shall not have effect during a period specified in the direction.

(2) Where the disciplinary committee direct that a person’s name shall be removed from the register or that his registration shall be suspended under this section, the registrar shall serve a notice of the direction on him.

(3) This section shall apply in relation to the supplementary veterinary register and persons registered in that register as it applies in relation to the register of veterinary surgeons and registered veterinary surgeons.

Textual Amendments

F21 S. 16(1)(d) and words substituted for word in s. 16(1)(c) (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 14 (with reg. 4)

17 Appeals in disciplinary and other cases. U.K.

(1) A person in relation to whom a direction has been given under the last foregoing section may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to Her Majesty in Council in accordance with such rules as Her Majesty in Council may by order provide for the purposes of this section; and the M4 Judicial Committee Act 1833 shall apply in relation to the disciplinary committee as it applies in relation to such courts as are mentioned in section 3 of that Act (reference to the Judicial Committee of the Privy Council of appeals to Her Majesty in Council).

(2) The Council of the College may appear as respondent on any such appeal and, for the purpose of enabling directions to be given as to the costs of any such appeal, shall be deemed to be a party thereto whether they appeared on the hearing of the appeal or not.

(3) A direction under the last foregoing section shall take effect—

(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed and not otherwise.

Marginal Citations

M4 1833 c. 41.

18 Restoration of name after removal or suspension. U.K.

(1) Where a person’s name has been removed from the register of veterinary surgeons or the supplementary veterinary register in pursuance of a direction under section 16 of this Act, the name of that person shall not again be entered in the register from which it was removed unless the disciplinary committee on application made to them in that behalf otherwise direct.

(2) Where the registration of a person in either of the said registers is suspended in pursuance of any such direction, the name of that person shall not be entered in the register so long as the suspension has effect unless the disciplinary committee on application made to them in that behalf otherwise direct.

(3) An application under this section for the restoration of a name to either of the said registers or for the removal of a suspension of registration shall not be made to the disciplinary committee—

(a) within ten months of the date of removal or suspension; or

(b) within ten months of a previous application thereunder.

Restriction of practice of veterinary surgery U.K.

19 Restriction of practice of veterinary surgery by unqualified persons. U.K.

(1) Subject to the following provisions of this section, no individual shall practise, or hold himself out as practising or as being prepared to practise, veterinary surgery unless he is registered in the register of veterinary surgeons or the supplementary veterinary register, and an individual who acts in contravention of this subsection shall be liable—

(a) on summary conviction to a fine not exceeding [F22 the prescribed sum];

(b) on conviction on indictment to a fine.

F23 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Council may make regulations exempting from subsection (1) of this section the carrying out or performance of any veterinary treatment, test or operation prescribed by the regulations, subject to compliance with prescribed conditions, by students of veterinary surgery of any prescribed class.

(4) Subsection (1) of this section shall not prohibit—

(a) the carrying out of [F24 any procedure duly authorised under the Animals (Scientific Procedures) Act 1986];

(b) the doing of anything specified in Part I of Schedule 3 to this Act and not excluded by Part II of that Schedule;

(c) the performance by a registered medical practitioner of an operation on an animal for the purpose of removing an organ or tissue for use in the treatment of human beings;

(d) the carrying out or performance of any treatment, test or operation by a registered medical practitioner or a registered dentist at the request of a person registered in the register of veterinary surgeons or the supplementary veterinary register;

(e) the carrying out or performance of any minor treatment, test or operation specified in an order made by the Ministers after consultation with the Council, so long as any conditions so specified are complied with.

(5) The Ministers may, after consultation with the Council and with persons appearing to the Ministers to represent interests so appearing to be substantially affected, by order amend the provisions of Schedule 3 to this Act.

(6) Any order under subsection (4) or (5) of this section may be varied or revoked by a subsequent order of the Ministers under that subsection made after the like consultation.

Subordinate Legislation Made

P1 S. 19: for previous exercises of this power see Index to Government Orders.

P2 S. 19(5)(6) power exercised by S.I. 1991/1412

Textual Amendments

F22 Words in s. 19(4) substituted (E.W.) by Magistrates’ Courts Act 1980 (c. 43), s. 32(2); (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289B; and (N.I.) by The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703), art. 4

F23 Ss. 19(2), 20(6) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F24 Words substituted by Animals (Scientific Procedures) Act 1986 (c. 14, SIF 4:5), s. 27(2), Sch. 3 para. 5

Modifications etc. (not altering text)

C4 S. 19 extended (N.I.) by Welfare of Animals Act (Northern Ireland) 1972 (c. 7), s. 14(2)

C5 S. 19 excluded by S.I. 1980/1951, art. 5(9)(a)

C6 S. 19: transfer of functions (27.3.2002) by S.I. 2002/794, art. 3(1)(2) (with art. 6)

20 Prohibition of use of practitioners’ titles by unqualified persons. U.K.

(1) If a person not registered in the register takes or uses the title of veterinary surgeon or any name, title, addition or description implying that he is so registered, he shall be guilty of an offence.

(2) If any person not registered in the register of veterinary surgeons or the supplementary veterinary register takes or uses the title of veterinary practitioner or any name, title, addition or description implying that he is a practitioner of, or qualified to practise, veterinary surgery to any greater extent than is authorised by or under subsection (3) of the last foregoing section, he shall be guilty of an offence.

(3) Without prejudice to the foregoing provisions of this section, if any person uses, in connection with any business carried on by him or at any premises at which such a business is carried on, a description implying that he or any person acting for the purposes of the business possesses Veterinary qualifications which he does not in fact possess he shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to a fine not exceeding [F25 the prescribed sum];

(b) on conviction on indictment to a fine.

(5) Where an offence by a body corporate under this section is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

F26 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in s. 19(4) substituted (E.W.) by Magistrates’ Courts Act 1980 (c. 43), s. 32(2); (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289B; and (N.I.) by The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703), art. 4

F26 Ss. 19(2), 20(6) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Modifications etc. (not altering text)

C7 S. 20 excluded by S.I. 1980/1951, art. 5(9)(b)

Agreements with the Republic of Ireland U.K.

21 Power to give effect to agreements with the Republic of Ireland. U.K.

(1) For the purpose of giving effect to any agreement with respect to veterinary surgeons entered into (whether before or after the commencement of this Act) between Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland Her Majesty may by Order in Council make such provision as appears to Her to be expedient—

(a) for the appointment or election of additional members of the Council to represent the Republic of Ireland;

(b) for empowering the Privy Council, on the recommendation of the Council, to make an order—

(i) directing that the holders of any university veterinary degree of the Republic of Ireland specified in the order shall be entitled, subject to any exception so specified and on compliance with any conditions so specified, to be registered in the register and shall on being so registered become a member of the College; and

(ii) revoking or suspending any order made by virtue of the foregoing sub-paragraph;

(c) for imposing duties on the Council with respect to any reports received by them in pursuance of any such agreement;

(d) without prejudice to the last foregoing sub-paragraph, for requiring or enabling the disciplinary committee to act on any report made to the Council in pursuance of any such agreement by any committee of the Veterinary Council of the Republic of Ireland in connection with a disciplinary case as if the facts stated in the report had been found by the disciplinary committee on inquiring into the case under this Act.

(2) Any Order in Council under this section may contain such incidental, consequential, transitional or supplementary provision as may appear to Her Majesty to be necessary or proper in consequence of the provisions of any such agreement or for giving full effect thereto (including provision amending this Act or any instrument thereunder).

(3) Any Order in Council under this section may be varied or revoked by a subsequent Order thereunder.

Miscellaneous and general U.K.

22 Default powers of the Privy Council. U.K.

(1) If it appears to the Privy Council that the Council of the College have failed, but ought, to dischage any of their functions under this Act, the Privy Council may notify their opinion to the Council of the College and may direct them to discharge that function in such a manner and within such a period as may be specified in the direction.

(2) If the Council of the College fail to comply with a direction under the foregoing subsection with respect to any function of theirs, the Privy Council may themselves discharge that function.

23 Exercise of powers conferred on the Privy Council. U.K.

(1) For the purpose of exercising any powers of this Act conferred on the Privy Council a quorum of the Privy Council shall be two.

(2) Any document purporting to be—

(a) an instrument of appointment or approval made by the Privy Council under this Act or any other instrument so made; and

(b) signed by the Clerk of the Privy Council or any other person authorised by the Privy Council in that behalf, shall be evidence (and in Scotland sufficient evidence) of the fact that the instrument was so made and of the terms of the instrument.

24 Exemption from jury service. U.K.

[F27 (1) No person registered in the register of veterinary surgeons or the supplementary veterinary register shall if actually practising veterinary surgery be liable to serve on any jury in Great Britain.]

X1 [F28 (2) For section 10(1) of the M5 Juries Act (Northern Ireland) 1953 there shall be substituted the following subsection:—

“(1) No person registered in the register of veterinary surgeons or the supplementary veterinary register shall, if actually practising veterinary surgery, be liable to serve on any jury, and accordingly there shall be added at the end of Schedule 3 to the Jury Laws Amendment Act (Northern Ireland) 1926 (exemption from serving on juries) the words “ persons registered in the register of veterinary surgeons or the supplementary veterinary register, if actually practising."”]

Editorial Information

X1 The text of ss. 24(2), 28(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F27 S. 24(1) repealed (E.W.) by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I; and (S.) by Law Reform (Miscellaneous Provisions) Act 1980 (c. 55, SIF 72:2), s. 28(2), Sch. 3

F28 S. 24(2) repealed (N.I.) by S.I. 1974/2143 (N.I. 6), Sch. 5

Marginal Citations

M5 1953 c. 19.

25 Regulations, rules and orders. U.K.

(1) No regulation or rules of the Council under this Act shall have effect unless approved by order of the Privy Council.

(2) Any order under the foregoing subsection may be revoked by a subsequent order of the Privy Council.

(3) Any power to make orders conferred by this Act on the Privy Council or the Ministers, and any power to make rules so conferred on the Lord Chancellor, shall be execisable by statutory instrument.

(4) The Ministers shall not make an order under section 19(5) of this Act unless a draft of the order has been approved by both Houses of Parliament.

(5) Any statutory instrument made under this Act in the exercise of powers conferred by section 1(4), 3, 19(4) or 21 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

26 Notices. U.K.

(1) In this Act “notice” means a notice in writing.

(2) Any notice or other document authorised or required to be served under this Act on a person registered in the register of veterinary surgeons or the supplementary veterinary register may, without prejudice to any other method of service, be served on him by post in a letter addressed to him at his address in the relevant register, or at his last known address if that address differs from his address in the relevant register and it appears to the registrar that such service will be more effective.

27 Interpretation. U.K.

(1) In the Act, except so far as the context otherwise requires,—

• “animals” includes birds and reptiles;

• “College” means the Royal College of Veterinary Surgeons;

• F29 ...

• [F30 “Commonwealth qualification” means a qualification granted in a place that is not within a relevant European State but is within the Commonwealth;]

• [F31 “Community rights entitled person” means—

  (a)

  a national of a relevant European State other than the United Kingdom;

  (b)

  a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties and who is seeking access to, or is pursuing, the profession of veterinary surgeon by virtue of an enforceable Community right; or

  (c)

  a person who is not a national of a relevant European State but who is, by virtue of any enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of veterinary surgeon, no less favourably than a national of a relevant European State,

  but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services;;]

• [F31 “competent authority” (except in section 1A(1), (5) and (9)) means, in relation to a relevant European State, any authority or body designated in that State as a competent authority for the purposes of Directive 2005/36/EC as concerns veterinary surgery;]

• “Council” means the Council of the College;

• [F31 “Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, as amended from time to time;]

• “disciplinary case” has the meaning assigned to it by section 15 of this Act;

• F32 ...

• “elected members of the Council” has the meaning assigned to it by section 1 of this Act;

• [F33 “foreign qualification” means a qualification granted in a place that is neither within a relevant European State nor within the Commonwealth;]

• F34 ...

• “the Ministers” means the Minister of Agriculture, Fisheries and Food, [F35 The Secretary of State for Scotland and the Secretary of State for Wales,] and the Minister of Agriculture for Northern Ireland acting jointly;

• F36 ...

• “qualification” means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place;

• F32 ...

• “recognition order” has the meaning assigned to it by section 3 of this Act;

• “register” means the register of veterinary surgeons;

• [F37 “registration appeals committee” means the committee of the Council referred to in section 5D of this Act;]

• [F31 “relevant European State” means EEA state;]

• F32 ...

• F32 ...

• “veterinary surgery” means the art and science of veterinary surgery and medicine and, without prejudice to the generality of the foregoing, shall be taken to include—

  (a)

  the diagnosis of diseases in, and injuries to, animals including tests performed on animals for diagnostic purposes;

  (b)

  the giving of advice based upon such diagnosis;

  (c)

  the medical or surgical treatment of animals; and

  (d)

  the performance of surgical operations on animals.

(2) Anything required by this Act to be done by or to the registrar may be done by or to any assistant registrar appointed by the Council.

(3) References in this Act to any other enactment shall be construed as references thereto as amended, and as including references thereto as extended, by or under any subsequent enactment.

Textual Amendments

F29 Words in s. 27(1) omitted (17.12.2003) by virtue of Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 7(a)

F30 Words in s. 27(1) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 15(2) (with reg. 4)

F31 Words in s. 27(1) inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 15(6) (with reg. 4)

F32 Words in s. 27 omitted (30.5.2007) by virtue of Veterinary Surgeons' Qualifications (European Recognition) Order 2007 (S.I. 2007/1348), reg. 1, Sch. para. 3(a)

F33 Words in s. 27(1) substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 15(3) (with reg. 4)

F34 Words in s. 27(1) omitted (6.8.2008) by virtue of The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 15(4) (with reg. 4)

F35 Words substituted by S.I. 1978/272, Sch. 5

F36 Words in s. 27(1) omitted (6.8.2008) by virtue of The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 15(5) (with reg. 4)

F37 Words in s. 27(1) inserted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 7(c)

28 Repeal, saving and transitional provisions. U.K.

X2 (1) The enactments described in Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

(2) Nothing in this Act shall be construed as derogating from so much of the charter of the College dated 8th March 1844 as incorporates the College, recognises the veterinary art as a profession, authorises the College to have a common seal, to hold property, to sue and be sued and to appoint officers and servants and provides for the vesting of the property of the College.

(3) In so far as any Order in Council, regulation, rule, order or other instrument made or issued under any enactment repealed or any charter provision superseded by this Act or any other thing done under any such enactment or provision could have been made, issued or done under a corresponding provision of this Act it shall not be invalidated by the repeals effected by this section or by any other provision of this Act but shall have effect as if made, issued or done under that corresponding provision.

(4) Without prejudice to the last foregoing subsection—

(a) any person registered in the register immediately before the commencement of section 2 of this Act by reason of his having obtained a diploma granted on examination by the College shall be treated as if he had been registered in that register in the general list;

(b) any person registered in the register under section 13 of the M6 Veterinary Surgeons Act 1881 as a colonial practitioner or a foreign practitioner immediately before the commencement of the said section 2 shall be treated as if he had been registered in the register in the Commonwealth list or the foreign list, as the case may require;

(c) any order made under section 1 of the M7 Veterinary Surgeons Act 1948 and in force immediately before the commencement of section 3 of this Act shall have effect as if it had been made under the said section 3.

(5) Without prejudice to subsection (3) of this section, any provision of this Act relating to anything done or required or authorised to be done under, or by reference to, that provision or any other provision of this Act shall have effect as if any reference to that provision or to that other provision, as the case may be, included a reference to the corresponding provision of the enactments repealed by this Act or the corresponding charter provision superseded by this Act, as the case may require.

F38 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Any enactment passed before this Act referring, whether specifically or by means of a general description, to an enactment repealed or a charter provision superseded by this Act shall, unless the contrary intention appears, be construed as referring to the corresponding provision of this Act, and any document made or issued (whether before or after the passing of this Act) referring whether specifically or by means of a general description, to an enactment repealed or a charter provision superseded by this Act shall, unless the contrary intention appears, be similarly construed.

(9) In this section “charter provision” means a provision of a charter of the College.

Editorial Information

X2 The text of ss. 24(2), 28(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F38 S. 28(6) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

F39 S. 28(7) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

Marginal Citations

M6 1881 c. 62.

M7 1948 c. 52.

29 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Veterinary Surgeons Act 1966.

(2) It is hereby declared that this Act extends to Northern Ireland, . . . F40

F41 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F41 S. 29(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

F42 S. 29(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

Modifications etc. (not altering text)

C8 S. 29(3)power of appointment conferred by s. 29(3) fully exercised: S.I. 1967/251, 1972/1990