(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 four lists—
[F1(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.
Textual Amendments
F1S. 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
(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 degree will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery,
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.
(1)On the application of any university in the United Kingdom for which no recognition order is in force the Privy Council may after consultation with the Council of the College 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.
(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: 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.
(1)Subject to the provisions of this Act and any Order in Council under section 2(2) of the European Communities Act 1972, a person who is a national of a member State shall be entitled to be registered in the register, and on being so registered shall become a member of the College, if —
(a)he holds a Scheduled European qualification in veterinary surgery (other than one falling within paragraph (b)) which was granted in a member State on or after the date on which that State implemented the Recognition Directive; or
(b)he holds a Scheduled European qualification in veterinary surgery which was granted in a member State before that State implemented the Recognition Directive or on or after that date but in respect of training commenced before that date, and he produces to the registrar—
(i)a certificate from the competent authority of that State stating that the qualification meets the requirements of the Training Directive; or
(ii)a certificate from the competent authority of a member State stating that the holder has effectively and lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate; or
(c)he holds a qualification in veterinary surgery (other than a Scheduled European qualification) granted in a member State, and he produces to the registrar—
(i)a certificate from the competent authority of that State stating that the qualification meets the requirements of the Training Directive and is treated by that State as equivalent to a Scheduled European qualification; or
(ii)(where that qualification was awarded before that State implemented the Training Directive or on or after that date but in respect of training commenced before that date), a certificate from the competent authority of a member State stating that the holder has effectively and lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate.
(2)A person holding a qualification as to training received in the territory of the former German Democratic Republic which does not satisfy the requirements laid down by the Training Directive shall not be entitled to be registered by virtue of that qualification unless—
(a)the qualification indicates that such training commenced before German unification;
(b)the qualification indicates that the holder is entitled to practise as a veterinary surgeon throughout the territory of Germany to the same extent as the holder of the German State examination certificate in veterinary medicine; and
(c)he produces to the registrar a certificate from the competent German authority stating that he has effectively and lawfully practised veterinary surgery in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate.
(3)The registrar shall give notice to an applicant for registration under this section of whether or not, in the opinion of the registrar, he is entitled to be so registered; and shall do so within three months of—
(a)the date on which the registrar received his application; or
(b)if for the purpose of determining the application the registrar reasonably required the applicant to produce further documents or particulars, the date on which the registrar received them.
(4)If the registrar refuses to register the applicant, the notice shall include —
(a)the reasons for his refusal; and
(b)notice of the applicant’s right to appeal under section 5C of this Act.
(5)If the registrar fails to give notice to the applicant under subsection (3) of this section within the period of three months referred to there, the registrar shall be deemed to have refused to register him on the last day of that period.
(6)For the purposes of this section a member State is to be regarded as having implemented the Recognition Directive and the Training Directive on the dates notified to the Commission as those on which it did so.]
Textual Amendments
F2 S. 5A substituted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919) , arts. 1 , 12 , Sch. para. 2
Modifications etc. (not altering text)
C1 S. 5A restricted by S.I. 1980/1951 , art. 4(1)
(1)A national of a member State who is not entitled to be registered under section 5A of this Act may apply to be registered under this section.
(2)If such an applicant shows to the satisfaction of the registrar that he has the requisite knowledge and skill to fit him for practising veterinary surgery in the United Kingdom, he shall be entitled to be registered in the register, and upon being so registered shall become a member of the College.
(3)In determining an application under this section, the registrar shall take into account—
(a)any veterinary qualifications, veterinary training and professional experience in veterinary surgery acquired by the applicant, whether in a member State or elsewhere; and
(b)any acceptance by a member State other than the United Kingdom, for the purposes of the applicant carrying out veterinary surgery in that member State, of a qualification granted to the applicant in a state which is not a member State.
(4)Subsections (3) to (5) of section 5A of this Act apply for the purposes of this section as they apply for the purposes of that.]
Textual Amendments
F3S. 5B inserted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 3
(1)A person may appeal to the Council if his application for registration under section 5A or 5B of this Act is refused.
(2)An appeal under subsection (1) of this section shall be brought within three months of—
(a)the date on which the applicant receives the notice referred to in subsection (3) of section 5A of this Act or, as the case may be, that subsection as applied by section 5B(4); or
(b)if, under subsection (5) of section 5A of this Act, or that subsection as applied by section 5B(4), the applicant’s application is deemed to have been refused, the date of the deemed refusal.
(3)An appeal under subsection (1) of this section 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 committee.
(4)The registration appeals committee shall, within 28 days of making a decision, give notice of its decision to the applicant.
(5)A notice under subsection (4) shall—
(a)give reasons for the decision of the registration appeals committee; and
(b)refer to the applicant’s right to appeal to the appropriate court against the decision of the registration appeals committee.
(6)A person may appeal to the appropriate court against the decision of the registration appeals committee within 28 days of the date on which he was notified of that decision.
(7)In subsections (5), (6) and (9), the “appropriate court” is—
(a)a county court; or
(b)in the case of a person whose address in the register would, if he were registered, be in Scotland, the sheriff in whose sheriffdom the address is situated.
(8)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 to the appeal whether they appeared at the hearing or not.
(9)On an appeal to the appropriate court under this section, the court (or the sheriff) 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 (or he) thinks fit.]
Textual Amendments
F4S. 5C inserted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 4
(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 section 5C(1) 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
F5S. 5D inserted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 5
(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.
(2)Without prejudice to any other steps which the Council may take for the purpose of satisfying themselves that a person has the said knowledge and skill, 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.
[F6(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
F6S. 6(6) substituted (17.12.2003) by Veterinary Surgeons' Qualifications (European Recognition) Order 2003 (S.I. 2003/2919), arts. 1, 12, Sch. para. 6
(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.
(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.