The Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 2004

PART I Preliminary

Citation and commencement

1.1.  These Rules may be cited as the Disciplinary Committee (Procedure and Evidence) Rules 2003.

1.2.  These Rules shall come into force on 1st June 2004.

Interpretation

2.1.  In these Rules, unless the context otherwise requires—

“the Act” means the Veterinary Surgeons Act 1966;

“the Chairman” means the chairman of the Committee elected pursuant to paragraph 2(1) of Schedule 2 to the Act, or a member of the Committee who presides in his absence pursuant to Rule 3 of these Rules;

“the Clerk” means the clerk to the Committee appointed in accordance with Rule 4 of these Rules;

“the College” means the Royal College of Veterinary Surgeons;

“the Committee” means the Disciplinary Committee provided for by section 15(2) of the Act;

“conduct case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the respondent has been guilty of disgraceful conduct in any professional respect;

“conviction case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the respondent has been convicted in the United Kingdom or elsewhere of a criminal offence rendering him unfit to practise veterinary surgery;

“the Council” means the Council of the Royal College of Veterinary Surgeons;

“disciplinary case” has the meaning given in section 15(1) of the Act;

“fraudulent entry case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the name of a person has been fraudulently entered on a register;

“Legal Assessor” means an assessor appointed by the Council or by the Committee in pursuance of paragraph 6(2) of Schedule 2 to the Act;

“party” in relation to proceedings before the Committee means—

(a)

in any case the respondent;

(b)

in a fraudulent entry case, any person who is alleged to have been a party to the alleged fraud;

“Preliminary Investigation Committee” means the committee set up by the Council in pursuance of section 15(1) of the Act;

“register” means a register maintained under section 2 or section 8 of the Act;

“registrar” is the registrar appointed under section 9 of the Act;

“respondent”—

(a)

in a conduct case or a conviction case means the person against whom the allegation is made;

(b)

in a fraudulent entry case, means the person whose name it is alleged is fraudulently entered in the register;

“the Solicitor” means the solicitor nominated by the College to act as its Solicitor for the purpose of these Rules, and in relation to proceedings before the Committee shall include Counsel instructed by that solicitor.

2.2.  In these Rules, any reference to a Rule is to a Rule contained in these Rules, and any reference to a Part is to a Part of these Rules.

2.3.  The Interpretation Act 1978 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

Chairman

3.  At any meeting of the Committee the Chairman of the Committee shall preside or, in his absence, such member of the Committee as the Committee may choose or have chosen.

Clerk to the Committee

4.  The registrar shall appoint a Clerk to the Committee, who may be an employee of the College but not a member of the Council.