(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 and holds a recognised European qualification in veterinary surgery, that is to say—
(a)any scheduled European qualification in veterinary surgery granted in a member State on or after the date on which that State implemented the Training Directive; or
[F2(b)any European qualification in veterinary surgery granted in a member State before the date on which that State implemented the Training Directive or after that date in a case where the training of which the qualification is evidence commenced before that date,]
(a)at the end of paragraph (b) of subsection (1) there shall be inserted[F3 or
F3(c)any European qualification in veterinary surgery granted in a member State which, although not conforming to a scheduled European qualification, is treated by that State as equivalent to a scheduled European qualification]
shall be entitled to be registered in the register and on being so registered shall become a member of the College.
(2)A person holding a scheduled European qualification granted in a member State before it implemented the Training Directive shall not be entitled to be registered by virtue of that qualification unless, either—
(a)he produces to the registrar a certificate of the competent authority of that State that the qualification guarantees that his training satisfies the requirements laid down by the Training Directive; or
(b)he produces to the registrar a certificate of the competent authority of any member State that he has lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate.
(3)A person holding [F4such a European qualification as is mentioned in subsection (1)(b) above] which is not a scheduled European qualification shall not be entitled to be registered by virtue of that qualification unless he produces to the registrar such a certificate as is required by subsection (2)(b) above.
[F5(3A)A person holding a qualification as to training received in the territory of the former German Democratic Republic but 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)that qualification indicates that such training commenced before German unification,
(b)that 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 of the competent German authority that he has lawfully practised veterinary surgery in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate.]
[F6(3B)A person holding a European qualification granted in a member State which is treated by that State as equivalent to a scheduled European qualification shall not be entitled to be registered by virtue of that qualification unless he produces to the registrar a certificate of the competent authority of that member State certifying that that qualification—
(a)was granted to that person following his training in accordance with the provisions of the Training Directive; and
(b)is treated by the competent authority which granted it as being equivalent to a scheduled European qualification.]
(4)For purposes of this section a member State is to be regarded as having implemented the Training Directive on the date notified to the Commission as that on which it did so.
(5)In this section—
“competent authority” means an authority or body designated by a member State in accordance with the Recognition Directive;
“the Recognition Directive” means Community Council Directive No. 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine;
“scheduled European qualification” means a qualification specified in Schedule 1A to this Act; and
“the Training Directive” means Community Council Directive No. 78/1027/EEC concerning the co-ordination of provisions in respect of the activities of veterinary surgeons.]
Textual Amendments
F1S. 5A inserted by S.I. 1980/1951, art. 3(2)
F2Words substituted by S.I. 1982/1076, art. 5(a)
F3S. 5A(1)(c) and preceding word inserted (11.3.1993) by S.I. 1993/596, arts. 1, 2(1)(a).
F4Words substituted by S.I. 1982/1076, art 5(b)
F5S. 5A(3A) inserted (1.7.1991) by S.I. 1991/1218, art. 2(1)
F6S. 5A(3B) inserted (11.3.1993) by S.I. 1993/596, arts. 1, 2(1)(b).
Modifications etc. (not altering text)
C1 S. 5A restricted by S.I. 1980/1951 , art. 4(1)