Veterinary Surgeons' Qualifications (European Recognition) Order 2003

2.  For section 5A (right of holders of recognised European qualifications to be registered), there is substituted—

“Right of holders of recognised European qualifications to be registered

5A— (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 shall be entitled to be registered in the register, and on being so registered shall become a member of the College, if —

(a) he holds a Scheduled European qualification in veterinary surgery (other than one falling within paragraph (b)) which was granted in a member State on or after the date on which that State implemented the Recognition Directive; or

(b) he holds a Scheduled European qualification in veterinary surgery which was granted in a member State before that State implemented the Recognition Directive or on or after that date but in respect of training commenced before that date, and he produces to the registrar—

(i) a certificate from the competent authority of that State stating that the qualification meets the requirements of the Training Directive; or

(ii) a certificate from the competent authority of a member State stating that the holder has effectively and lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate; or

(c) he holds a qualification in veterinary surgery (other than a Scheduled European qualification) granted in a member State, and he produces to the registrar—

(i) a certificate from the competent authority of that State stating that the qualification meets the requirements of the Training Directive and is treated by that State as equivalent to a Scheduled European qualification; or

(ii) (where that qualification was awarded before that State implemented the Training Directive or on or after that date but in respect of training commenced before that date), a certificate from the competent authority of a member State stating that the holder has effectively and lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate.

(2) A person holding a qualification as to training received in the territory of the former German Democratic Republic 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) the qualification indicates that such training commenced before German unification;

(b) the 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 from the competent German authority stating that he has effectively and lawfully practised veterinary surgery in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate.

(3) The registrar shall give notice to an applicant for registration under this section of whether or not, in the opinion of the registrar, he is entitled to be so registered; and shall do so within three months of—

(a) the date on which the registrar received his application; or

(b) if for the purpose of determining the application the registrar reasonably required the applicant to produce further documents or particulars, the date on which the registrar received them.

(4) If the registrar refuses to register the applicant, the notice shall include —

(a) the reasons for his refusal; and

(b) notice of the applicant’s right to appeal under section 5C of this Act.

(5) If the registrar fails to give notice to the applicant under subsection (3) of this section within the period of three months referred to there, the registrar shall be deemed to have refused to register him on the last day of that period.

(6) For the purposes of this section a member State is to be regarded as having implemented the Recognition Directive and the Training Directive on the dates notified to the Commission as those on which it did so.”