The Veterinary Surgeons (Agreement with the Republic of Ireland) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order, which is made under section 21 of the Veterinary Surgeons Act 1966 (“the Act”), gives effect to an Agreement dated 11th April 1988 (“the 1988 Agreement”) entered into between the Governments of the United Kingdom and the Republic of Ireland concerning in particular the payment of fees for membership of the Royal College of Veterinary Surgeons (“the Royal College”) by holders of certain veterinary qualifications obtained in the Irish Republic (article 2).

The 1988 Agreement (which is set out in the Schedule to this Order) revokes a previous agreement entered into by the two Governments on 1st December 1972 in which provision was made for facilitating the registration of holders of veterinary degrees of certain universities in the Republic of Ireland in the United Kingdom Register of Veterinary Surgeons and their membership of the Royal College. Council Directive 78/1026/EEC (as amended) (“the Directive”), which concerns the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, provides (in article 2) that each Member State shall recognise the diplomas, certificates and other evidence of formal qualifications listed in article 3 and awarded to nationals of Member States by the other Member States, by giving such qualifications, as far as the right to take up and pursue the activities of a veterinary surgeon is concerned, the same effect in its territory as those which the Member State itself awards. The provisions of the Directive were implemented in the United Kingdom by the Veterinary Surgeons Qualifications (EEC Recognition) Order 1980 (S.I. 1980/1951) (“the 1980 Recognition Order”) which made appropriate amendments to the Act.

In the case of the Republic of Ireland the recognised European qualifications in veterinary surgery for the purposes of the Directive (which are set out in Schedule 1A to the Act) are (1) the degree of bachelor in or of veterinary medicine (MVB) and (2) a diploma of membership of the Royal College (MRCVS) gained by examination after a full course of study at a veterinary school in Ireland.

Thus, since the coming into force of the 1980 Recognition Order (21st December 1980), any person who has obtained a degree of Bachelor in Veterinary Medicine (MVB) from the National University of Ireland (the only institution in the Republic of Ireland currently awarding this degree) or who obtained such a degree from the University of Dublin prior to that university ceasing to award the degree in 1983 will hold a recognised European qualification in veterinary medicine and will be entitled to be registered in the Register of Veterinary Surgeons and to become a member of the Royal College in accordance with section 5A of the Act. In addition, any person who holds a diploma of membership of the Royal College (MRCVS) (which diplomas were awarded prior to the coming into force of the Veterinary Surgeons Act 1948 to persons who had passed an examination held by the Royal College following a course of study at the University of Dublin, the National University of Ireland or the Veterinary College of Ireland) will also be entitled to be registered in the Register of Veterinary Surgeons and to become a member of the Royal College.

Article 3(1) of the 1988 Agreement provides that a person who became a member of the Royal College before 31st May 1988 as a result of being awarded a degree of Bachelor in Veterinary Medicine (MVB) by the University of Dublin or the National University of Ireland or a diploma of membership of the Royal College after an examination following a course of study at either of such universities or at the Veterinary College of Ireland does not have to pay a fee in respect of his membership of the College in any year provided that his sole or principal place of practice of veterinary surgery during that year is within the Republic of Ireland. In addition, Article 3(2) provides that any person who became a member of the Royal College before 31st May 1988 and upon whom a qualification in veterinary surgery has been conferred outside the Republic of Ireland and who was resident and practising veterinary surgery in the Republic on that date also does not have to pay any membership fee in any year provided that his sole or principal place of practice of veterinary surgery during that year is within the Republic. However, Article 3(3) further provides that a person falling into either of these categories may not vote, propose any candidate or stand as a candidate in an election of members of the Council of the Royal College which takes place after 31st May 1988, unless he has paid (in respect of every membership year that has occurred between that date and the date of the election) the membership fee prescribed under the Act and the Order gives effect to this provision by inserting an appropriate new sub-section (1A) in section 1 of the Act (article 4(b)).

The Order also amends section 1(1)(c) of the Act (membership of the Council of the Royal College) so as to enable members of the Royal College residing in the Republic of Ireland to vote in Council elections, subject to the payment of membership fees as referred to above (article 4(a)).