Farriers (Registration) Act 1975

SCHEDULES

Section 2.

SCHEDULE 1 E+W+S The Farriers Registration Council

[F1 Part 1 E+W+S

Textual Amendments

F1 Sch. 1 Pt. I substituted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 1; S.I. 2017/921, reg. 2

Constitution E+W+S

Membership E+W+S

1 (1) The Council is to consist of the following members—

(a) three persons appointed by the Company, at least one of whom must be a practising farrier,

(b) four practising farriers appointed in accordance with a scheme made by the Council,

(c) two registered persons appointed by the National Association of Farriers, Blacksmiths and Agricultural Engineers,

(d) two veterinary surgeons appointed by the Royal College of Veterinary Surgeons, and

(e) one lay person appointed by each of the persons mentioned in sub-paragraph (2).

(2) Those persons are—

(a) the British Horseracing Authority Limited,

(b) the Royal Society for the Prevention of Cruelty to Animals,

(c) Lantra (the company registered in England and Wales with the company registration number 2823181),

(d) Scottish Enterprise, and

(e) the British Equestrian Federation.

(3) A scheme made by the Council under sub-paragraph (1)(b)—

(a) may, in particular, provide for elections to be held for the purpose of determining the persons to be appointed;

(b) may be amended or replaced by the Council.

(4) In making a scheme under sub-paragraph (1)(b), the Council must have due regard to the desirability of securing that the Council includes persons representative of all parts of Great Britain.

(5) In this paragraph—

• “lay person” means a person other than—

  (a)

  a registered person,

  (b)

  a person who, in the opinion of the person making the appointment, is qualified to be a registered person,

  (c)

  a veterinary surgeon, or

  (d)

  a veterinary practitioner;

• “practising farrier” means a registered person who carries out farriery.

Term of office E+W+S

2 (1) Appointment as a member of the Council is for a term of 4 years.

(2) A person may not be appointed as a member more than twice.

(3) A member may resign at any time by notice given to the registrar.

(4) A member 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.

(5) The procedure for removal of a member from office is to be determined by the Council.

Casual vacancies E+W+S

3 (1) Where a vacancy occurs among the members of the Council otherwise than by the expiry of a member's term of office, a person must be appointed to fill the vacancy.

(2) So far as practicable, the appointment must be made so as to enable the person appointed to assume office at the time the vacancy arises.

(3) The appointment is for a term expiring on the date on which the term of office of the member whose vacancy the person fills would have expired.

(4) The appointment does not count as an appointment for the purposes of paragraph 2(2) (limit on number of times a person may be appointed as a member of the Council).

Procedure E+W+S

4 (1) The quorum for a meeting of the Council is—

(a) seven, or

(b) another number determined by the Council.

(2) The Council must elect one of its members to act as chair of the Council.

(3) The Council may make rules governing its meetings and procedure.

(4) The rules may in particular provide—

(a) for a member of the Council to act as its chair in the absence of the member mentioned in sub-paragraph (2);

(b) for a member acting as chair to have an additional casting vote.

Validity of acts E+W+S

5 The validity of anything done by the Council is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment (or election) of a member.]

Part II E+W+S

Supplementary provisions E+W+S

F2 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 7 omitted (15.9.2017) by virtue of Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(2); S.I. 2017/921, reg. 2

F3 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1 para. 8 omitted (15.9.2017) by virtue of Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(2); S.I. 2017/921, reg. 2

9 [F4 (1)] In addition to the Investigating Committee and the Disciplinary Committee authorised by this Act, the Council may set up one or more additional committees of the Council or one or more area councils for any particular part or parts of Great Britain to carry out, on behalf of the Council, such of its functions as the Council may determine, not being functions required by this Act to be carried out by the Council itself. E+W+S

[F5 (2) The Council may make rules governing the meetings and procedure of an additional committee or area council.

(3) The rules may in particular provide—

(a) for a member of the additional committee or area council to act as its chair;

(b) for a member acting as chair to have an additional casting vote.]

Textual Amendments

F4 Sch. 1 para. 9(1): Sch. 1 para. 9 renumbered as Sch. 1 para. 9(1) (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(3)(a); S.I. 2017/921, reg. 2

F5 Sch. 1 para. 9(2)(3) inserted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 2(3)(b); S.I. 2017/921, reg. 2

10 E+W+S The Council shall appoint a registrar of the Council and such other officers and servants as it may determine.

11 E+W+S The Council shall keep proper accounts of all sums received or paid by it, and proper records in relation to those accounts.

12 (1) The Council shall appoint auditors of the Council and shall cause its accounts to be audited annually by them and as soon as is practicable after the accounts for any period have been audited the Council shall cause them to be published. E+W+S

F6 [(2) A person shall not be appointed an auditor of the Council unless he is eligible for appointment as a [F7 statutory auditor under Part 42 of the Companies Act 2006].]

(3) None of the following persons shall be qualified to be an auditor of the Council—

(a) an officer or servant of the Council;

(b) a person who is a partner of or in the employment of an officer or servant of the Council;

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 . . .

References in this sub-paragraph to an officer or servant shall be construed as not including references to an auditor.

Textual Amendments

F6 Sch. 1 para. 12(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para.25

F7 Words in Sch. 1 para. 12(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(o) (with arts. 6, 11, 12)

F8 Words in Sch. 1 para. 12(3) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para.25

Section 13

[F9 SCHEDULE 2 E+W+S Constitution of the Investigating Committee

Textual Amendments

F9 Sch. 2 substituted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 5; S.I. 2017/921, reg. 2

Membership E+W+S

1 (1) The Investigating Committee is to consist of six members appointed by the Council. E+W+S

(2) At least two of the members must be registered persons.

(3) None of the members may be—

(a) a member of the Council,

(b) an officer or servant of the Council, or

(c) a member of the Disciplinary Committee.

(4) The Council must designate a member of the Investigating Committee to act as its chair.

(5) The Council may delegate its function under sub-paragraph (1) to any extent.

Term of office E+W+S

2 (1) Appointment as a member of the Investigating Committee is for a term determined by the Council. E+W+S

(2) A member may resign at any time by notice given to the registrar.

(3) A member 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.

(4) The procedure for removal of a member from office is to be determined by the Council.

Procedure E+W+S

3 (1) The quorum for a meeting of the Investigating Committee is three, of whom one must be a registered person. E+W+S

(2) The Council may make rules governing the Committee's meetings and procedure.

(3) The rules may in particular provide—

(a) for a member of the Committee to act as its chair in the absence of the member designated under paragraph 1(4);

(b) for a member acting as chair to have an additional casting vote.

Validity of acts E+W+S

4 E+W+S The validity of anything done by the Investigating Committee is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.]

Section 1.

SCHEDULE 3 E+W+S The Disciplinary Committee

[F10 Part 1 E+W+S

Textual Amendments

F10 Sch. 3 Pt. I substituted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 7; S.I. 2017/921, reg. 2

Constitution of Disciplinary Committee E+W+S

Membership E+W+S

1 (1) The Disciplinary Committee is to consist of nine members appointed by the Council.

(2) At least three of the members must be registered persons.

(3) None of the members may be—

(a) a member of the Council,

(b) an officer or servant of the Council, or

(c) a member of the Investigating Committee.

(4) The Council must designate a member of the Disciplinary Committee to act as its chair.

(5) The Council may delegate its function under sub-paragraph (1) to any extent.

Term of office E+W+S

2 (1) Appointment as a member of the Disciplinary Committee is for a term determined by the Council.

(2) A member may resign at any time by notice given to the registrar.

(3) A member 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.

(4) The procedure for removal of a member from office is to be determined by the Council.

Procedure E+W+S

3 (1) The quorum for a meeting of the Disciplinary Committee is five, of whom one must be a registered person.

(2) A person who has acted in relation to a case as a member of the Investigating Committee may not act in relation to the case as a member of the Disciplinary Committee.

(3) The Council may make rules governing the Disciplinary Committee's meetings and procedure.

(4) The rules may in particular provide for a member of the Committee to act as its chair in the absence of the member designated under paragraph 1(4).

(5) But the power to make rules under this paragraph may not be used to make provision that could be made by rules under paragraph 4.

Validity of acts E+W+S

3A The validity of anything done by the Disciplinary Committee is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.]

Part II E+W+S

[F11 Proceedings before] Disciplinary Committee E+W+S

Textual Amendments

F11 Words in Sch. 3 Pt. II heading substituted (15.9.2017) by Farriers (Registration) Act 2017 (c. 28), s. 3(2), Sch. para. 8; S.I. 2017/921, reg. 2

4 (1) For the purpose of any proceedings under this Act before the Disciplinary Committee in England and Wales (whether relating to disciplinary cases or otherwise) the Disciplinary 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. E+W+S

(2) Section [F12 36 of the [F13 Senior Courts Act 1981]] (which provides a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any such proceedings as aforesaid as it applies in relation to causes or matters in the High Court.

(3) For the purpose of any proceedings under this Act before the Disciplinary Committee in Scotland (whether relating to disciplinary cases or otherwise) the Disciplinary 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 Disciplinary 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.

(4) The Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings 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 in the rules, to the person alleged to be liable to have his name erased from the registers;

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

(d) for requiring in any case where it is alleged that a person registered under this Act has been guilty of serious misconduct in any professional respect and where the Disciplinary Committee judge that the allegation has not been proved, that they shall record a finding that the person is not guilty of such misconduct in respect of the matter to which the allegation relates;

(e) for ensuring that persons likely to be affected by any finding of the Committee are duly notified of that finding:

Provided that, as respects proceedings for the restoration of names to the register or appeals against the refusal of an application for registration the Council shall have power to make rules with respect to all or any of the matters aforesaid, but shall not be required to do so, and separate rules under this paragraph may be made as respects such proceedings and as respects such appeals.

(5) Before making rules under this paragraph the Council shall consult such organisations as appear to the Council to be representative of the interests of farriers or of persons employing farriers.

(6) Rules under this paragraph shall not come into force until approved by the Lord Chancellor, and the Lord Chancellor may approve rules under this paragraph either as submitted to him or subject to such modification as appears to him requisite: Provided that where the Lord Chancellor proposes to approve such rules subject to modifications he shall notify to the Council the modifications he proposes to make and shall consider the observations of the Council thereon.

Textual Amendments

F12 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(1), Sch. 5

F13 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)

5 (1) For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before them there shall be in all such proceedings an assessor to the Disciplinary Committee who shall be E+W+S

[F14 (a) a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

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

(2) The power of appointing assessors under this paragraph shall be exercisable by the Council, but if no assessor appointed by it is available to act at any particular proceedings the Disciplinary Committee may appoint an assessor under this paragraph to act at these proceedings.

(3) The Lord Chancellor may make rules as to the functions of assessors appointed under this paragraph, and in particular, rules under this paragraph may contain such provisions 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 in 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 after the Disciplinary Committee have begun to deliberate as to its findings, 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 any such question as aforesaid;

and such incidental and supplementary provisions, as appear to the Lord Chancellor expedient.

(4) Subject to the provisions of this paragraph an assessor under this paragraph may be appointed 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) Any remuneration paid by the Council to persons appointed to act as assessors shall be at such rates as the Lord Chancellor may approve.

Textual Amendments

F14 Sch. 3 Pt. II para. 5(1)(a)(b) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 38

6 E+W+S The power to make or approve rules conferred on the Lord Chancellor by this Part of this Schedule shall be exercisable by statutory instrument.

7 E+W+S In the application of this Part of this Schedule to Scotland, for the references to the Lord Chancellor there shall be substituted references to the Lord Advocate.

Modifications etc. (not altering text)

C1 Sch. 3 Pt. II para. 7: Functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)