SCHEDULE 1 Provisions as to the Council
Tenure of office of members and of President and Vice-Presidents
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 F1a member of the Council ordinarily retires at the beginning of the annual general meeting of the College in the year in which he retires.
F2(2)
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F3(3)
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2
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 F4any of paragraphs 3 to F54B of this Schedule.
3
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.
F63A.
(1)
A member of the Council may be removed from office if the member fails to satisfy any conditions about fitness to be a member that are determined by the Council.
(2)
The procedure for removal of a member from office is to be determined by the Council.
F74
An elected member of the Council ceases to hold office if the member ceases to be a member of the College.
F84A.
A member of the Council appointed by virtue of section 1(1)(d) ceases to hold office if the member ceases to be a registered veterinary nurse.
4B.
A member of the Council appointed by virtue of section 1(1)(e) ceases to hold office if the member ceases to be a lay person.
F95
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Elections, appointments and casual vacancies
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.
(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—
(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.
F10(1A)
Where a casual vacancy occurs as respects the member of the Council appointed by a university, the vacancy shall be filled by that university.
(1B)
Where a casual vacancy occurs among the registered veterinary nurse members of the Council, the vacancy shall be filled by the appointment of a registered veterinary nurse by the Veterinary Nurses’ Council.
(1C)
Where a casual vacancy occurs among the members of the Council who are lay persons, the vacancy shall be filled by the appointment by the Council of a lay person, having regard to the recommendations of the committee referred to in section 1(1)(e).
F11(2)
Where a casual vacancy occurs among members of the Council appointed by the recognised universities, the vacancy shall be filled by those universities acting jointly.
(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 F12... 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.
F138
(1)
A person ceasing to be a member of the Council or President or Vice-President of the College is, subject to sub-paragraphs (2) and (3), eligible to be re-elected or re-appointed.
(2)
A person ceasing to be a member of the Council at the end of a third consecutive term of office is not eligible to be re-elected or re-appointed until after the first annual general meeting of the College following the day on which the third consecutive term of office ended.
(3)
A person (A) who has been removed from office by virtue of paragraph 3A is not eligible to be re-elected or re-appointed until after the first annual general meeting of the College following the day on which A was removed from office.
9
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
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
11
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.
F1412
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F1513
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F1614.
The Chief Veterinary Officer for the United Kingdom—
(a)
is entitled to attend meetings of the Council; but
(b)
must not address the Council unless he or she is invited to do so by the chair of the meeting.
F17SCHEDULE 1AREGISTRATION OF COMMUNITY RIGHTS ENTITLED PERSONS: EUROPEAN QUALIFICATION
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F18SCHEDULE 1BVISITING VETERINARY SURGEONS FROM RELEVANT EUROPEAN STATES
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SCHEDULE 2 Preliminary Investigation and Disciplinary Committees
F19PART IConstitution of the committees
Constitution of the committees
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
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
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 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.
(2)
The provisions of section F2036 of the F21 Senior Courts Act 1981 F22, of section 67 of the M1Judicature (Northern Ireland) Act 1978 or of the M2Attendance 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.
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—
(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
F23(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 F24 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.
F25SCHEDULE 3 Exemptions from Restrictions on Practice of Veterinary Surgery
Part I Treatment and Operations which may be Given or Carried Out by Unqualified Persons
1
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
F26Any 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.
3
The rendering in an emergency of first aid for the purpose of saving life or relieving pain or suffering.
4
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;
F27(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
the amputation of the dew claws of a dog before its eyes are open.
5
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.
F28In this paragraph “recognised institution” means—
(i)
as respects Great Britain, an institution maintained or assisted (in England and Wales) by a F29local 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.
F28In the foregoing paragraph “recognised institution” means—
(a)
as respects England and Wales—
(i)
an institution maintained or assisted by a F29local authority ;
F30iA
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—
F31(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; F32. . .
(iii)
an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; F33or
(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 F34the Education Act 1996 have the same meanings as in that Act.
F356
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 F36, or the list of visiting European veterinary nurses, maintained by the College.
F377
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.
Part II 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.
