The Veterinary Surgery (Blood Sampling) Order 1983

Statutory Instruments

1983 No. 6

VETERINARY SURGEONS

The Veterinary Surgery (Blood Sampling) Order 1983

Made

10th January 1983

Laid before Parliament

18th January 1983

Coming into Operation

8th February 1983

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of the powers conferred by section 19(4)(e) of the Veterinary Surgeons Act 1966 and now vested in them(1), and of all other powers enabling them in that behalf, after consultation in accordance with the said section 19(4)(e) with the Council of the Royal College of Veterinary Surgeons, hereby make the following order:—

Title and commencement

1.  This order may be cited as the Veterinary Surgery (Blood Sampling) Order 1983 and shall come into operation on 8th February 1983.

Interpretation

2.  In this order, unless the context otherwise requires—

“the Act” means the Veterinary Surgeons Act 1966;

“farm animals” means cattle, sheep, goats and all other ruminating animals and swine;

“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Department of Agriculture for Northern Ireland, acting jointly or otherwise;

“poultry” means birds of the following species, that is to say, all species of domestic fowls, turkeys, geese, ducks, guinea fowls, pigeons, pheasants, partridges and quails; and

“qualified person” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register.

Exemption from prohibition of practice of veterinary surgery

3.—(1) The taking of blood for use in diagnosis for the control or eradication of infectious disease by the Ministers—

(a) from farm animals, if carried out by a person who complies with the conditions set out in paragraph (2)(a) or (2)(b) below, or

(b) from poultry, if carried out by a person who complies with the conditions set out in paragraph (3) below.

is hereby specified as a minor treatment, test or operation for the purposes of section 19(4)(e) of the Act (which provides that the prohibition of the practice of veterinary surgery by unqualified persons contained in section 19(1) of the Act shall not apply to the carrying out or performance of any minor treatment, test or operation specified in an order made under the said section 19(4)(e)).

(2) The conditions referred to in paragraph (1)(a) above are that the person taking the blood—

(a) shall be undergoing instruction in the taking of blood from farm animals and shall take the blood while he is acting under the direct personal supervision of a qualified person, or

(b) (i) shall be certified by the Ministers as proficient to take blood from farm animals by reason of having passed such tests or examinations in the taking of blood from farm animals as may be specified in the certificate, and

(ii) shall take the blood while he is acting under the general direction of a qualified person.

(3) The conditions referred to in paragraph (1)(b) above are that the person taking the blood—

(a) shall take the blood while he is acting under the general direction of a qualified person, and

(b) shall be, in the opinion of the qualified person, competent to take the blood.

Revocation

4.  Article 4(b) of the Veterinary Surgery (Exemptions) Order 1962 and the Veterinary Surgery (Exemption) Order 1970 are hereby revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1982.

L.S.

Peter Walker

Minister of Agriculture, Fisheries and Food

George Younger

Secretary of State for Scotland

22nd December 1982

Nicholas Edwards

Secretary of State for Wales

23rd December 1982

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 10th January 1983.

L.S.

J. A. Young

Permanent Secretary

EXPLANATORY NOTE

This Order permits the taking of blood from farm animals and poultry by persons not qualified as Veterinary surgeons or practitioners, which would otherwise be prohibited by section 19(1) of the Veterinary Surgeons Act 1966.

The blood must be taken for use in diagnosis for the control or eradication of infectious disease by the Ministers.

In the case of farm animals the blood must be taken under the general direction of a qualified person if the sampler has been certified as proficient to take blood, or under direct personal supervision if he is undergoing instruction.

In the case of poultry the blood must be taken under the general direction of a qualified person who is satisfied that the sampler is competent to take the blood.

(1)

By the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272); and, in the case of the Department of Agriculture for Northern Ireland, by virtue of the Northern Ireland Constitution Act 1973 (c.36), Schedule 5, paragraph 7(1), and the Northern Ireland Act 1974 (c.28), Schedule 1, paragraph 2(1).