Veterinary Surgeons Act 1966

SCHEDULES

Section 1(3).

SCHEDULE 1 U.K. Provisions as to the Council

Tenure of office of members and of President and Vice-Presidents U.K.

1 (1) Subject to the provisions of this Schedule, the term of office of any member of the Council shall be, as near as may be, four years and the day on which a member of the Council ordinarily retires shall be the day of the annual general meeting of the College in the year in which he retires. U.K.

(2) Subject to the provisions of this Schedule, six of the elected members of the Council, being those who have been such members for the longest time without re-election, shall retire in each year.

(3) If on the coming into force of a recognition order for any university a member of the Council is appointed by the university between two annual general meetings of the College, then, subject to the following provisions of this Schedule, the term of office of that member shall not expire until the fourth annual general meeting after it began.

2 U.K. Subject to the provisions of this Schedule, the term of office of the President or a Vice-President of the College shall be, as near as may be, one year, and he shall retire at the next meeting of the Council after the annual general meeting, but shall hold office until that next meeting notwithstanding that he has ceased to be a member of the Council, unless he resigns office as President or Vice-President or ceases to be a member of the Council under paragraph 3, 4 or 5 of this Schedule.

3 U.K. A member of the Council may at any time, by notice in writing addressed to the registrar, resign his office as member and the President or a Vice-President of the College may at any time by a like notice resign his office as such.

4 U.K. An elected member of the Council, or a member of the Council appointed by a university as being a member of the College, shall cease to hold office if he ceases to be a member of the College.

5 U.K. If a recognition order ceases to be in force for any university, any member appointed to the Council by that university shall thereupon cease to hold office.

Elections, appointments and casual vacancies U.K.

6 (1) Elections or appointments to fill any vacancy occurring under paragraph 1 of this Schedule shall be held or made before the annual general meeting of the College at which the vacancy occurs. U.K.

(2) Elections to fill an ordinary vacancy in the office of President or Vice-President shall be held at the meeting of the Council at which the vacancy occurs.

7 (1) Where a casual vacancy occurs among the elected members of the Council, the vacancy shall be filled— U.K.

(a) by the unsuccessful candidate at the last previous ordinary election of such members who at that election received the greatest number of votes and has not since become a member, or

(b) if two or more such candidates received an equal number of votes, by the candidate who has been registered longest on the register or, if two or more such candidates have been registered longer than any other but for the same period as each other, by one of them chosen by lot, or

(c) if there were no unsuccessful candidates at that election, by a person appointed by the Council.

(2) Where a casual vacancy occurs among members of the Council appointed by the Privy Council or a university, the vacancy shall be filled by the Privy Council or that university, as the case may be.

(3) Where a casual vacancy occurs in the office of President or Vice-President of the College, the vacancy shall be filled by an election held at the first meeting of the Council after the vacancy occurs.

(4) A person filling a casual vacancy among the elected members of the Council or in the office of President or Vice-President of the College shall hold office until the date on which the person whose vacancy he fills would have regularly retired.

8 U.K. A person ceasing to be a member of the Council or President or Vice-President of the College shall be eligible to be re-elected or re-appointed.

9 U.K. Elections of elected members of the Council shall be conducted in accordance with a scheme made by the Council and approved by the Privy Council.

10 U.K. A scheme under the last foregoing paragraph may be amended by the Council, but no amendment of the scheme shall have effect unless approved by the Privy Council.

Supplementary U.K.

11 U.K. The powers of the Council and any of its committees may be exercised notwithstanding any vacancy, and no proceedings of the Council or any of its committees shall be invalidated by any defect in the election or appointment of a member.

F1 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 12 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

F2 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 13 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

Section 5A

[F3 SCHEDULE 1A U.K. REGISTRATION OF COMMUNITY RIGHTS ENTITLED PERSONS: EUROPEAN QUALIFICATION

Textual Amendments

F3 Sch. 1A substituted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 16 (with reg. 4)

Recognised European qualifications U.K.

1. (1)  A person who holds a qualification referred to in [F4 the Directive table] is an eligible European veterinary surgeon. U.K.

(2) If the relevant qualification of such a person fulfilled the training requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC, no additional documentation (see section 5A(3)(b)) is required to be produced to the registrar under section 5A(1)(b).

(3) If the relevant qualification of such a person—

(a) does not fulfil the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC, and

(b) the qualification is in respect of training commenced before the reference date referred to in [F5 the Directive table] ,

the required additional documentation is a certificate from a competent authority of any relevant European State which states that the person has effectively and lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate.

Textual Amendments

F4 Words in Sch. 1A para. 1(1) substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(a)

F5 Words in Sch. 1A para. 1(3)(b) substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(a)

Other qualifications acquired prior to member State membership of the European Union U.K.

2. (1)  A person who holds a qualification of a kind referred to in Table B is an eligible European veterinary surgeon. U.K.

(2) In relation to such a person, the required additional documentation is the documentation referred to in column 3 of the entry in Table B for the relevant qualification.

(3) This paragraph does not apply to a person who is an eligible European veterinary surgeon under paragraph 1.

Other qualifications granted in relevant European States U.K.

3. (1)  A person who holds a qualification in veterinary surgery granted in a relevant European State that is not the United Kingdom, other than a qualification in either [F6 the Directive table] or Table B, is an eligible European veterinary surgeon. U.K.

(2) The required additional documentation is a certificate from the competent authority of that State which states that the relevant qualification meets the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC, and is treated by that State as equivalent to a qualification of a kind referred to in [F6 the Directive table] .

Textual Amendments

F6 Words in Sch. 1A para. 3(1)(2) substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(a)

4. U.K. In this Schedule, “relevant qualification” means the qualification by virtue of which a person is an eligible European veterinary surgeon.

[F7 5. U.K. In this Schedule “Table B” means Table B below.]

Textual Amendments

F7 Sch. 1A para. 5 substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(b)

F8 TABLE A U.K.

Textual Amendments

F8 Sch. 1A Table A omitted (18.1.2016) by virtue of The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(c)

... U.K.

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TABLE B U.K.

Other qualifications acquired prior to member State membership of the European Union U.K.

Member State	Qualification	Required additional documentation
[F9 Croatia.	A qualification in veterinary medicine— (a) awarded by the former Yugoslavia before 8 October 1991, or (b) for which the training started in the former Yugoslavia before 8 October 1991.	Both — (a) an attestation issued by the competent Croatian authority that the relevant qualification has the same legal validity in Croatia as Croatian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, andan attestation issued by the competent Czech authority that the relevant qualification has the same legal validity in the Czech Republic as Czech qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Croatian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Croatia for at least three consecutive years during the five years prior to the date of issue of the certificate.]
Czech Republic.	A qualification in veterinary medicine— (a) awarded by the former Czechoslovakia before 1 January 1993, or (b) for which the training started in the former Czechoslovakia before 1 January 1993.	Both — (a) an attestation issued by the competent Czech authority that the relevant qualification has the same legal validity in the Czech Republic as Czech qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Czech authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in the Czech Republic for at least three consecutive years during the five years prior to the date of issue of the certificate.
Estonia.	A qualification in veterinary medicine— (a) awarded by the former Soviet Union before 20 August 1991, or (b) for which the training started in the former Soviet Union before 20 August 1991.	Both — (a) an attestation issued by the competent Estonian authority that the relevant qualification has the same legal validity in Estonia as Estonian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Estonian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Estonia for at least five consecutive years during the seven years prior to the date of issue of the certificate.
Estonia.	A qualification in veterinary medicine— (a) awarded by Estonia before 1 May 2004, or (b) for which the training started in Estonia before 1 May 2004.	A certificate issued by the competent Estonian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Estonia for at least five consecutive years during the seven years prior to the date of issue of the certificate.
Germany.	A qualification as a veterinary surgeon— (a) attesting to training received in the territory of the former German Democratic Republic that commenced before 3 October 1990, which does not satisfy the requirements laid down by Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC, and (b) that indicates that the holder of that qualification is entitled to practise as a veterinary surgeon throughout the territory of Germany to the same extent as the holder of the German qualification set out in [F10 Directive table] .	A certificate issued by the competent German authority that the person concerned has effectively and lawfully practised veterinary surgery in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.
Latvia.	A qualification in veterinary medicine— (a) awarded by the former Soviet Union before 21 August 1991, or (b) for which the training started in the former Soviet Union before 21 August 1991.	Both — (a) an attestation issued by the competent Latvian authority that the relevant qualification has the same legal validity in Latvia as Latvian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Latvian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Latvia for at least three consecutive years during the five years prior to the date of issue of the certificate.
Lithuania.	A qualification in veterinary medicine— (a) awarded by the former Soviet Union before 11 March 1990, or (b) for which the training started in the former Soviet Union before 11 March 1990.	Both — (a) an attestation issued by the competent Lithuanian authority that the relevant qualification has the same legal validity in Lithuania as Lithuanian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Lithuanian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Lithuania for at least three consecutive years during the five years prior to the date of issue of the certificate.
Slovakia.	A qualification in veterinary medicine— (a) awarded by the former Czechoslovakia before 1 January 1993, or (b) for which the training started in the former Czechoslovakia before 1 January 1993.	Both — (a) an attestation issued by the competent Slovakian authority that the relevant qualification has the same legal validity in Slovakia as Slovakian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Slovakian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Slovakia for at least three consecutive years during the five years prior to the date of issue of the certificate.
Slovenia.	A qualification in veterinary medicine— (a) awarded by the former Yugoslavia before 25 June 1991, or (b) for which the training started in the former Yugoslavia before 25 June 1991.	Both — (a) an attestation issued by the competent Slovenian authority that the relevant qualification has the same legal validity in Slovenia as Slovenian qualifications in veterinary medicine as regards access to the veterinary profession and its practice, and (b) a certificate issued by the competent Slovenian authority that the person concerned has been effectively and lawfully engaged in veterinary medicine in Slovenia for at least three consecutive years during the five years prior to the date of issue of the certificate.]

Textual Amendments

F9 Words in Sch. 1A Table B inserted (18.12.2013) by The Veterinary Surgeons Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013 (S.I. 2013/2985), regs. 1, 2(d)

F10 Words in Sch. 1A Table B substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 13(d)

Section 7A

[F11 SCHEDULE 1B U.K. VISITING VETERINARY SURGEONS FROM RELEVANT EUROPEAN STATES

Textual Amendments

F11 Sch. 1B inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 17 (with reg. 4)

Application and interpretation U.K.

1. This Schedule applies to a Community rights entitled person who is lawfully established as a veterinary surgeon in another State.

2. (1)  In this Schedule—

(a) “visiting practitioner” means a person to whom this Schedule applies;

(b) “other State” or “another State” means a relevant European State other than the United Kingdom;

(c) “disqualifying decision”, in relation to any person, means a decision which—

(i) is made by a competent authority of another State; and

(ii) has the effect in that State that the person is no longer lawfully established as a veterinary surgeon there or that the person is prohibited (even temporarily) from practising as a veterinary surgeon there; and

(d) a reference to the provision of occasional services is a reference to the provision in the United Kingdom, on a temporary and occasional basis, of services as a veterinary surgeon.

(2) Sub-paragraph (3) applies where, for the purposes of this Schedule, it falls to be assessed whether the provision of services is on a temporary and occasional basis.

(3) The temporary and occasional nature of the provision of the services shall be assessed case by case, in particular in relation to its duration, its frequency, its regularity and its continuity.

Registration in respect of the provision of occasional veterinary services U.K.

3. (1)  A visiting practitioner is entitled to be registered in the visiting European list of the register if the practitioner is entitled under paragraph 4 or 6 to provide occasional services.

(2) The registrar shall give effect to entitlement under sub-paragraph (1).

(3) A visiting practitioner who is entitled under sub-paragraph (1) to be registered in the visiting European list, but who is not registered in that list, shall be treated as registered in that list.

(4) Sub-paragraph (5) applies where a person’s entitlement under sub-paragraph (1) to be registered in that list ceases because, by reason of the operation of paragraph 7(1), (2) or (5), the person ceases to be entitled under this Schedule to provide occasional services.

(5) Where this sub-paragraph applies, if the person’s name is registered in the visiting European list, the registrar may remove the person’s name from that list.

(6) Sub-paragraphs (1) to (5) are not to be taken to prejudice the application, in relation to persons registered in the register on the basis of entitlement under sub-paragraph (1), of any other provision of this Act under which the name of a person who is registered in the register may be removed from the register or under which a person’s registration in the register may be suspended.

Entitlement to provide occasional veterinary services: first year U.K.

4. A visiting practitioner is entitled to provide occasional services if—

(a) the practitioner has complied with the requirements of paragraph 5; and

[F12 (b) where the practitioner’s case falls within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015, the provision by the practitioner of occasional services is in accordance with regulations 19 to 23 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to take under Part 2 of those Regulations),]

but paragraph 7 contains provision about the duration of entitlement under this paragraph.

Textual Amendments

F12 Sch. 1B para. 4(b) substituted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 14(a)

First provision of services: required documents U.K.

5. (1)  A visiting practitioner who proposes to provide occasional services for the first time must, before providing any such services, send or produce to the registrar—

(a) the required declaration; and

(b) the other required documents.

(2) For the purposes of sub-paragraph (1) “the required declaration” is a written declaration that—

(a) states the practitioner’s wish to provide occasional services; and

(b) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability.

(3) For the purposes of sub-paragraph (1) “the other required documents” are—

(a) if the practitioner is a national of a relevant European State, proof of nationality;

(b) if the practitioner is not a national of a relevant European State, proof that the practitioner is a Community rights entitled person;

(c) evidence of the practitioner’s professional qualifications (so far as those qualifications are relevant to practice as a veterinary surgeon); F13 ...

(d) a certificate (or certificates), issued by a competent authority in another State, confirming—

(i) that the practitioner is lawfully established as a veterinary surgeon in that State; and

(ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a veterinary surgeon there[F14 ; and

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

(4) A declaration under sub-paragraph (2) may be supplied by any means.

Textual Amendments

F13 Word in Sch. 1B para. 5(3) omitted (18.1.2016) by virtue of The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 14(b)(i)

F14 Sch. 1B para. 5(3)(e) and word inserted (18.1.2016) by The Veterinary Surgeons Qualifications (European Recognition and Knowledge of Language) Regulations 2015 (S.I. 2015/2073), regs. 1(b), 14(b)(ii)

Entitlement to provide occasional services after first year: renewals U.K.

6. (1)  Sub-paragraph (2) applies where the registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional services.

(2) The visiting practitioner is entitled to continue to provide occasional services, but paragraph 7 contains provision about the duration of entitlement continued under this sub-paragraph.

(3) Sub-paragraph (4) applies where the registrar receives the required renewal documents from a visiting practitioner—

(a) who is not entitled under this Schedule to provide occasional services;

(b) who has previously been entitled under this Schedule to provide occasional services; and

(c) whose registration in the visiting European list is not suspended.

(4) The visiting practitioner is once again entitled to provide occasional services but, in a case where the practitioner’s name is not in the visiting European list as a result of removal otherwise than under paragraph 3(6), only if the registrar decides, after having regard (in particular) to the fact of that removal and the reasons for it, that the entitlement should be renewed.

Paragraph 7 contains provision about the duration of entitlement continued under this sub-paragraph.

(5) In relation to a visiting practitioner “the required renewal documents” are—

(a) a renewal declaration; and

(b) each evidence of change document (if any).

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner’s wish to provide occasional services in a further year; and

(b) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability.

(7) Where a document—

(a) is, in relation to a visiting practitioner, one of the other required documents for the purposes of paragraph 5(1); and

(b) substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the registrar,

the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the registrar is an “evidence of change” document for the purposes of sub-paragraph (5)(b).

(8) A renewal declaration supplied under this paragraph may be supplied by any means.

Duration of entitlements to provide occasional services U.K.

7. (1)  Unless an entitlement under paragraph 4 or 6(4) is continued (or further continued) by paragraph 6(2), the entitlement ceases at the end of the year that begins with the end of the day on which the registrar received the document the receipt of which gave rise to the entitlement.

(2) Where an entitlement under paragraph 4 or 6(4) is continued (or further continued) by paragraph 6(2), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day.

(3) For the purposes of sub-paragraph (2)—

(a) if the day on which the registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the registrar receives those documents;

(b) otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 6(4), means the day on which the registrar receives the documents whose receipt gives rise to the entitlement.

(5) An entitlement under this Schedule to provide occasional services ceases if—

(a) the visiting practitioner concerned becomes established as a veterinary surgeon in the United Kingdom;

(b) the visiting practitioner ceases to be a Community rights entitled person; or

(c) it becomes the case—

(i) that the practitioner is not lawfully established as a veterinary surgeon in any of the other States; or

(ii) that the practitioner is prohibited (on a permanent or temporary basis) from practising as a veterinary surgeon in each other State in which the practitioner is lawfully established as a veterinary surgeon.

(6) If in the case of a visiting practitioner—

(a) the practitioner’s registration in the visiting European list is suspended or the practitioner’s name is removed from that list; and

(b) immediately before the time when the suspension or (as the case may be) removal takes effect, the practitioner is entitled under this Schedule to provide occasional veterinary services,

that entitlement ceases at that time.

Registrar’s duty to notify person appearing not to have entitlement U.K.

8. Where the registrar receives documents from a person and it appears to the registrar—

(a) that the documents were sent or produced to the registrar for the purposes of establishing that the person is entitled to be registered, to continue to be registered or once again to be registered in the visiting European list of the register, but

(b) that the person is not so entitled,

the registrar shall, as soon as may be reasonably practicable after the registrar comes to be of that view, notify the person that the registrar is of that view.]

Section 15(3).

SCHEDULE 2 U.K. Preliminary Investigation and Disciplinary Committees

[F15 PART I U.K. Constitution of the committees

Textual Amendments

F15 Sch. 2 Pt. I substituted (6.4.2013) by The Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013 (S.I. 2013/103), arts. 1(2), 2

Constitution of the committees U.K.

1. (1) The members of the preliminary investigation committee and the disciplinary committee are to be appointed by the Council.

(2) The preliminary investigation committee is to consist of no fewer than nine and no more than 15 members.

(3) The disciplinary committee is to consist of no fewer than 20 and no more than 40 members.

(4) In the case of both committees, at least a third of the persons appointed to be members must be registered persons and at least a third must be lay persons.

(5) For both committees, the Council must designate a member to act as its chair.

(6) A member of the preliminary investigation committee or disciplinary committee may hold office—

(a) for such term as may be determined by the Council, and

(b) for so long as the member satisfies such conditions about fitness to be a member as may be determined by the Council.

2. (1) The following may not be members of the preliminary investigation committee or the disciplinary committee—

(a) a member of the Council;

(b) an employee of the Council;

(c) an employee of the College.

(2) A person who has been appointed to be a member of the preliminary investigation committee on two occasions on or after 1 July 2013 is not eligible for reappointment to that committee.

(3) A person who has been appointed to be a member of the disciplinary committee on two occasions on or after 1 July 2013 is not eligible for reappointment to that committee.

(4) No person who, as a member of the preliminary investigation committee, acted with respect to any case may, as a member of the disciplinary committee, act with respect to that case.

3. (1) The quorum for a meeting of the preliminary investigation committee is to be three, of whom—

(a) one must be a lay person; and

(b) one must be a registered person.

(2) The quorum for a meeting of the disciplinary committee is to be five, of whom—

(a) two must be lay persons; and

(b) two must be registered persons.

Transitional provision U.K.

3A. (1) In the period ending with 30 June 2015—

(a) paragraph 1(2) has effect as if the reference to nine persons were a reference to six persons;

(b) paragraph 1(3) has effect as if the reference to 20 persons were a reference to 12 persons; and

(c) paragraph 2(1)(a) does not have effect.

(2) An elected member of the preliminary investigation committee or the disciplinary committee whose term is unexpired at the end of the day on 5 April 2013 may remain in office for the remainder of the term for which the member was elected.

(3) During the period ending with 30 June 2015, where a person who continues in office under sub-paragraph (2) ceases to be a member of the committee, or a person who is elected under this sub-paragraph ceases to be a member of the committee, the Council may elect a member of the Council to be a member of the committee in question for a term of one year or, if shorter, until the end of the day on 30 June 2015.

(4) While any member of a committee holds that office by virtue of sub-paragraph (2) or (3), this Schedule has effect as if the references in paragraph 1(1) and (4) to appointment by the Council included references to election by the Council.

Interpretation U.K.

3B. In this Part—

• “lay person” means an individual who—

  (a)

  is not and never has been a registered person, and

  (b)

  is not and never has been entitled to apply to be registered in the register or the supplementary veterinary register;

• “registered person” means an individual who—

  (a)

  is registered, or entitled to be registered, in the register otherwise than under section 7 (temporary registration), or

  (b)

  is registered, or entitled to be registered, in the supplementary veterinary register.]

Part II U.K. Procedure of Disciplinary Committee

4 (1) For the purpose of any proceedings before the disciplinary committee in England and Wales or Northern Ireland the committee may administer oaths and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. U.K.

(2) The provisions of section [F16 36 of the [F17 Senior Courts Act 1981 ]] [F18 , of section 67 of the M1 Judicature (Northern Ireland) Act 1978] or of the M2 Attendance of Witnesses Act 1854 (which provide special procedures for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any proceedings before the disciplinary committee in England and Wales or, as the case may be, Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3) For the purpose of any proceedings before a disciplinary committee in Scotland, the committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation, to grant warrant for the recovery of documents, and to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Textual Amendments

F16 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(1), Sch. 5

F17 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F18 Words inserted by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 5

Marginal Citations

M1 1978 c. 23.

M2 1854 c. 34.

5 (1) The Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings in disciplinary cases before the disciplinary committee and in particular— U.K.

(a) for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to the person alleged to be liable to have his name removed or suspended from the register;

(b) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the committee;

(c) for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified by the rules;

(d) for requiring proceedings before the committee to be held in public except so far as may be provided by the rules;

(e) for requiring, in cases where it is alleged that a person is guilty of disgraceful conduct in any professional respect, that where the committee judges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates.

(2) As respects proceedings before the disciplinary committee not falling within the foregoing sub-paragraph the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so.

6 (1) For the purpose of advising the disciplinary committee on questions of law arising in disciplinary cases there shall in all such cases be an assessor to the committee who shall be U.K.

[F19 (a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 10 years’ standing; or

(c) a member of the Bar of Northern Ireland or [F20 solicitor of the Court of Judicature of Northern Ireland ] of at least 10 years’ standing.]

(2) The power of appointing an assessor to the disciplinary committee shall be exercisable by the Council, but if no assessor appointed by the Council is available to act in any particular proceedings the committee may itself appoint an assessor qualified as aforesaid for those proceedings.

(3) The Lord Chancellor may make rules as to the functions of assessors appointed under this paragraph, and in particular such rules may contain provision for securing—

(a) that where an assessor advises the disciplinary committee on any question of law as to evidence, procedure or any other matters specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the committee is deliberating in private, that every such party or person as aforesaid shall be informed what advice the assessor has tendered;

(b) that every such party or person as aforesaid shall be informed if in any case the committee does not accept the advice of the assessor on such a question as aforesaid.

and may contain such incidental and supplementary provisions as the Lord Chancellor considers expedient.

(4) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.

(5) The Council may pay to an assessor appointed under this paragraph remuneration at such rates as may be determined by the Council with the consent of the Lord Chancellor.

Textual Amendments

F19 Sch. 2 para. 6(1)(a)(b)(c) substituted for the words commencing “a barrister"to the end by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 28

F20 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)

[F21 SCHEDULE 3 U.K. Exemptions from Restrictions on Practice of Veterinary Surgery]

Textual Amendments

F21 Sch. 3 substituted by S.I. 1988/526, art. 2

Modifications etc. (not altering text)

C1 Sch. 3 extended (N.I) by Welfare of Animals Act (Northern Ireland) 1972 (c. 7), s. 14(2)

Part I U.K. Treatment and Operations which may be Given or Carried Out by Unqualified Persons

1 U.K. Any minor medical treatment given to an animal by its owner, by another member of the household of which the owner is a member or by a person in the employment of the owner.

2 U.K. [F22 Any medical treatment or any minor surgery] (not involving entry into a body cavity) given, otherwise than for reward, to an animal used in agriculture, as defined in the Agriculture Act 1947, by the owner of the animal or by a person engaged or employed in caring for animals so used.

Textual Amendments

F22 Words in Sch. 3 Pt. I para. 2 substituted by S.I. 1991/1412, art. 2(a)

3 U.K. The rendering in an emergency of first aid for the purpose of saving life or relieving pain or suffering.

4 U.K. The performance by any person of or over the age of eighteen of any of the following operations, that is to say—

(a) the castration of a male animal or the caponising of an animal, whether by chemical means or otherwise;

(b) the docking of the tail of a lamb;

F23 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the amputation of the dew claws of a dog before its eyes are open.

Textual Amendments

F23 Sch. 3 Pt I para. 4(c) ceased to have effect (1.7.1993) by virtue of S.I. 1991/1412, art. 2(c)

5 U.K. The performance, by any person of the age of seventeen undergoing instruction in animal husbandry, of any operation mentioned in paragraph 4(a) or (b) above and the disbudding of a calf by any such person or by a person of or over the age of eighteen undergoing such instruction, if, in each case, either of the following conditions is complied with, that is to say—

(a) the instruction in animal husbandry is given by a person registered in the register of veterinary surgeons or the supplementary veterinary register and the operation is performed under his direct personal supervision;

(b) the instruction in animal husbandry is given at a recognised institution and the operation is performed under the direct personal supervision of a person appointed to give such instruction at the institution.

F24 [In this paragraph “recognised institution” means—

(i) as respects Great Britain, an institution maintained or assisted (in England and Wales) by a [F25 local authority] or (in Scotland) by an education authority or in either case an institution for the giving of further education as respects which a grant is paid by the Secretary of State or an institution recognised for the purposes of this paragraph by the Secretary of State; and

(ii) as respects Northern Ireland, an agricultural college maintained by the Ministry of Agriculture for Northern Ireland.]

[F24 In the foregoing paragraph “recognised institution” means—

(a) as respects England and Wales—

(i) an institution maintained or assisted by a [F25 local authority] ;

[F26 (iA) an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992]

(ii) any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;

(b) as respects Scotland—

[F27 (i) any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;

(iA) any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under that Act;]

(ii) a central institution within the meaning of the Education (Scotland) Act 1980; F28 . . .

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; [F29 or

(iv) a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]and

(c) as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;

and expressions used in paragraph (a) of this paragraph and in [F30 the Education Act 1996] have the same meanings as in that Act.]

Textual Amendments

F24 Words in Sch. 3 beginning "In the foregoing" expressed to be substituted for words beginning “and in this paragraph “recognised institution” (which latter words were to be found in Sch. 3 as originally enacted) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(1), Sch. 12 Pt. III para. 66

F25 Words in Sch. 3 para. 5 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 22

F26 Sch. 3: in the definition of "recognised institution" para. (a)(iA) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 70; S.I. 1992/831, art. 2, Sch. 3.

F27 Sch. 3: sub-paras. (i)(iA) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 substituted (1.4.1993) for sub-para. (i) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(a); S.I. 1992/817, art. 3(2), Sch. 4.

F28 Sch. 3: word after sub-para. (ii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 omitted (16.5.1992) by virtue of Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(b); S.I. 1992/817, art. 3(2), Sch. 1.

F29 Sch. 3: words after sub-para. (iii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(c); S.I. 1992/817, art. 3(2), Sch. 1.

F30 Sch. 3: in the definition of “recognised institution” words substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 12 (with s. 1(4), Sch. 39 paras. 30, 36, 39)

[F31 6 U.K. Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a veterinary nurse if the following conditions are complied with, that is to say—

(a) the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the veterinary nurse at his direction;

(b) the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the veterinary nurse; and

(c) the registered veterinary surgeon or veterinary practitioner directing the medical treatment or minor surgery is satisfied that the veterinary nurse is qualified to carry out the treatment or surgery.

In this paragraph and in paragraph 7 below—

“veterinary nurse" means a nurse whose name is entered in the list of veterinary nurses [F32 , or the list of visiting European veterinary nurses,] maintained by the College.]

Textual Amendments

F31 Sch. 3 Pt. I para. 6 substituted (10.6.2002) by S.I. 2002/1479, art. 2(a)

F32 Words in Sch. 3 para. 6 inserted (6.8.2008) by The Veterinary Surgeons Qualifications (European Recognition) Regulations 2008 (S.I. 2008/1824), reg. 1, Sch. para. 18 (with reg. 4)

[F33 7 U.K. Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a student veterinary nurse if the following conditions are complied with, that is to say—

(a) the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the student veterinary nurse at his direction and in the course of the student veterinary nurse’s training;

(b) the treatment or surgery is supervised by a registered veterinary surgeon, veterinary practitioner or veterinary nurse and, in the case of surgery, the supervision is direct, continuous and personal; and

(c) the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the student veterinary nurse.

In this paragraph—

• “student veterinary nurse" means a person enrolled under bye-laws made by the Council for the purpose of undergoing training as a veterinary nurse at an approved training and assessment centre or a veterinary practice approved by such a centre;

• “approved training and assessment centre" means a centre approved by the Council for the purpose of training and assessing student veterinary nurses.]

Textual Amendments

F33 Sch. 3 Pt. I para. 7 added (10.6.2002) by S.I. 2002/1479, art. 2(b)

Part II U.K. Exclusions from Provisions of Part I

Nothing in section 19(4)(b) of this Act shall authorise—

(a) the castration of a male animal being—

(i) a horse, pony, ass or mule,

(ii) a bull, boar or goat which has reached the age of two months,

(iii) a ram which has reached the age of three months, or

(iv) a cat or dog;

(b) the spaying of a cat or dog;

(c) the removal (otherwise than in an emergency for the purpose of saving life or relieving pain or suffering) of any part of the antlers of a deer before the velvet of the antlers is frayed and the greater part of it has been shed;

(d) the desnooding of a turkey which has reached the age of 21 days;

(e) the removal of the combs of any poultry which have reached the age of 72 hours;

(f) the cutting of the toes of a domestic fowl or turkey which has reached the age of 72 hours;

(g) the performance of a vasectomy or the carrying out of electro-ejaculation on any animal or bird kept for production of food, wool, skin or fur or for use in the farming of land;

(h) the removal of the supernumerary teats of a calf which has reached the age of 3 months; or

(i) the dehorning or disbudding of a sheep or goat, except the trimming of the insensitive tip of an ingrowing horn which, if left untreated, could cause pain or distress.

Section 28(1).

SCHEDULE 4 U.K. Enactments Repealed

Modifications etc. (not altering text)

C2 The text of Sch. 4 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