S.I. No. 68/1954 - Veterinary Surgeons Order, 1954.

S.I. No. 68 of 1954.

VETERINARY SURGEONS ORDER, 1954.

The Government, in exercise of the powers conferred on them by sections 4 and 5 of the Veterinary Surgeons Act, 1952 (No. 18 of 1952), hereby order as follows :

1 Short title.

1. This Order may be cited as the Veterinary Surgeons Order, 1954.

2 Interpretation.

2. In this Order—

" the Act of 1931 " means the Veterinary Surgeons Act, 1931 (No. 36 of 1931) ;

" the Act of 1952 " means the Veterinary Surgeons Act, 1952 (No. 18 of 1952) ;

" the appointed day " means the 31st day of May next after the coming into operation of an order under subsection (1) of section 2 of the Act of 1952, or such other date in the same year as the Minister may by order appoint ;

" the Council " means the Veterinary Council ;

" the general register " means the United Kingdom Register of Veterinary Surgeons ;

" the Minister " means the Minister for Agriculture ;

" the register " means the Register of Veterinary Surgeons for Ireland and the word " registered " shall be construed accordingly ;

" the scheduled agreement " means the agreement set out in the First Schedule.

3 Confirmation of scheduled agreement.

3. The scheduled agreement is hereby confirmed and shall have the force of law.

4 Reconstitution of the Council.

4.—(1) On the appointed day the existing members of the Council shall vacate office and from that day the Council shall be reconstituted in accordance with the following provisions of this Article.

(2) The Council shall consist of the following members, namely,

(a) seven elected members, elected in the manner provided in this Order ;

(b) one member appointed by the Minister ;

(c) one member appointed by each university granting a degree in the case of which an order under subsection (1) of section 2 of the Act of 1952 is for the time being in force.

(3) Two of the elected members of the Council, who shall be known as general elected members, shall be registered veterinary surgeons who are for the time being also registered in the general register and are resident in the State ; and such general elected members shall be elected by the registered veterinary surgeons who are for the time being also registered in the general register and resident in the State.

(4) (a) The elected members of the Council who are not general elected members shall be known as limited elected members.

(b) The limited elected members shall be registered veterinary surgeons resident in the State and shall be elected by the registered veterinary surgeons who are for the time being resident in the State.

(c) Registration in the general register shall not disqualify for being elected or holding office as a limited elected member or for voting at an election of limited elected members.

(5) This Article shall have effect in lieu of subsection (3) of section 3, and of section 7, of the Act of 1931.

5 Times for elections.

5.—(1) Before, but not more than one month before, the appointed day, an election of elected members of the Council shall be held in accordance with this Order and at such election two general elected members and five limited elected members of the Council shall be elected.

(2) In every second ensuing year, within the period from the 1st to the 30th day of May or such other period in the same year as the Minister may for the purpose by order appoint, an election shall be held in accordance with this Order for the election of one general elected member, and of three limited elected members or of two limited elected members, as the case may be, and of such other persons as are required by this Order to be elected at such election to fill casual vacancies.

(3) Notwithstanding anything in the Act of 1931, any existing elected member of the Council shall be eligible to be a candidate for election as a member of the Council at the election provided for under paragraph (1) of this Article.

(4) This Article shall have effect in lieu of section 8 of the Act of 1931.

6 Conduct of elections.

6.—(1) Not less than three weeks before the appointed day, the Council shall appoint the registrar of the Council to be the returning officer for the election provided for under paragraph (1) of Article 5.

(2) In every subsequent year in which an election is required to be held, the Council shall, at or before the commencement of the period within which it is to be held, appoint the President of the Council if he is willing to act or, if he is not so willing, some other member of the Council willing to act, to be the returning officer.

(3) Every election shall be conducted in accordance with the Rules in the Second Schedule and such other rules (if any) not inconsistent therewith as the Council shall think proper to make.

(4) The returning officer shall immediately upon the completion of the election communicate in writing to the Council the names of the persons elected and such other information in relation to the election as may be prescribed by regulations made by the Council.

(5) The returning officer shall be entitled to the assistance of the officers and servants of the Council in the conduct of the election.

(6) This Article shall have effect in lieu of section 9 of the Act of 1931.

7 Terms of office of members of the Council.

7.—(1) Subject to the provisions of this Order, the term of office of any member of the Council, whether elected or appointed, shall be four years.

(2) If the power of any university under paragraph (2) (c) of Article 4 to appoint a member of the Council ceases to become exercisable, the member appointed by that university shall thereupon cease to hold office.

(3) (a) The following provisions of this paragraph shall have effect as respects the members of the Council elected at the election provided for under paragraph (1) of Article 5.

(b) Of the general elected members, the term of office of the one who secured the fewer votes shall be two years.

(c) Of the limited elected members, the term of office of the three who received the lowest number of votes shall be two years.

(4) A member of the Council shall cease to hold office on the 31st day of May in the year in which his term of office is due to expire or on such other date in the same year as the Minister may by order appoint and his successor shall take up office on the same day.

(5) Subject to the provisions of this Order, a person elected or appointed to fill a casual vacancy shall hold office for the remainder of the term for which his predecessor was elected or appointed.

(6) (a) An elected member of the Council shall not be eligible to be a candidate for election as a member of the Council for a term of office commencing before the expiration of his current term of office.

(b) An appointed member of the Council retiring on the expiration of his term of office shall be eligible for re-appointment.

(7) This Article shall come into operation on the appointed day and shall have effect in lieu of section 10 of the Act of 1931.

8 Casual vacancies.

8.—(1) A member of the Council may at any time resign his office by letter addressed and sent to the registrar of the Council, and the resignation shall take effect at the commencement of the meeting of the Council following the receipt of the letter by the registrar.

(2) The appointing authority may remove an appointed member from office if, in the opinion of the authority, he is unable to perform, or unsuited to continue to discharge, his duties.

(3) Where an appointed member ceases to hold office otherwise than by effluxion of time or by the operation of paragraph (2) of Article 7, the vacancy shall be filled by appointment by the appropriate appointing authority.

(4) Every general elected member of the Council shall, upon his either ceasing to be a registered veterinary surgeon, or ceasing to be registered in the general register, or ceasing to be resident in the State, forthwith be disqualified for continuing to be a member of the Council.

(5) Every limited elected member of the Council shall, upon his either ceasing to be a registered veterinary surgeon, or ceasing to be resident in the State, forthwith be disqualified for continuing to be a member of the Council.

(6) (a) Where an elected member ceases to hold office otherwise than by effluxion of time, the vacancy shall (save as is hereinafter otherwise provided) be filled at the election held next after the occurrence of the vacancy, unless his term of office was due to expire in the year of that election.

(b) If the vacancy occurs in an election year and within the period of thirty days immediately preceding the election, the vacancy shall be filled at the election held in the following election year, unless his term of office was due to expire in either of those years.

(c) The Council may, if it thinks proper so to do, itself elect a qualified person to fill the vacancy temporarily until it is filled under the foregoing provisions of this paragraph or the date at which the term of office of the said member was due to expire, whichever first happens.

(d) A person elected to fill a casual vacancy temporarily shall be eligible for election as a member of the Council at any election held while he so fills the vacancy.

(7) This Article shall come into operation on the appointed day and shall have effect in lieu of section 11 of the Act of 1931.

9 Irish representatives.

9.—(1) The Irish representatives shall be as provided for in the scheduled agreement.

(2) The two elected members amongst the Irish representatives shall be the two general elected members for the time being of the Council and the election under this Order of a person (whether at an election or to fill a casual vacancy) to be a general elected member of the Council shall be deemed to be an election of that person to be an Irish representative.

(3) Subject to the provisions of this Order, a person elected to be a general elected member of the Council to fill a casual vacancy shall hold office as an Irish representative for the remainder of the term for which his predecessor was elected.

(4) Every person elected by the Council under this Order to fill temporarily a casual vacancy amongst the general elected members of the Council shall hold office as an Irish representative for the period during which he so fills such casual vacancy.

(5) A general elected member of the Council who ceases by any means to be an Irish representative shall be disqualified for being and shall forthwith cease to be a member of the Council.

(6) In this Article " Irish representative " has the meaning assigned to it in the scheduled agreement.

(7) This Article shall have effect in lieu of section 12 of the Act of 1931.

10 President of the Council.

10.—(1) It shall be the duty of the Council to elect from time to time as occasion requires, a member of the Council to be the President of the Council.

(2) Any member of the Council, whether elected or appointed, shall be capable of being elected president of the Council.

(3) The president of the Council shall hold office from the date of his election until whichever of the following events first happens, that is to say :—

(a) the expiration of two years ;

(b) the expiration of his term of office as a member of the Council ;

(c) his ceasing to be a member of the Council otherwise than by the expiration of his term of office ;

(d) his resigning the office of president of the Council.

(4) The president of the Council on the expiration of his term of office shall be eligible for re-election so long as he remains a member of the Council.

(5) This Article shall come into operation on the appointed day and shall have effect in lieu of section 14 of the Act of 1931.

11 Quorum at meetings of the Council.

11.—(1) Save as is otherwise provided by this Order, four members of the Council shall constitute a quorum.

(2) This Article shall come into operation on the appointed day and shall have effect in lieu of subsection (4) of section 15 of the Act of 1931.

12 Payment of expenses.

12.—(1) The Council may pay to such of the Irish representatives provided for in Article 9 of this Order as are for the time being also members of the Council such travelling and subsistence expenses in connection with their attendance at meetings of the Council of the Royal College of Veterinary Surgeons as shall be determined by the Council.

(2) This Article shall come into operation on the appointed day and shall have effect in lieu of subsection (2) of section 19 of the Act of 1931.

13 Registration fees and annual fees.

13. On the termination of the agreement set forth in the Schedule to the Act of 1952—

(a) subsection (3) of section 27 of the Act of 1931 shall cease to have effect ;

(b) subsection (1) of section 28 of the Act of 1931 shall have effect subject to the provisions of Article 8 of the scheduled agreement and as if for the words " the 30th day of June in that year " appearing in that subsection there were substituted the words " the last day of the third month of that year " ;

(c) subsection (5) of section 28 of the Act of 1931 shall have effect as if for the words " the next preceding 30th day of June " appearing therein there were substituted the words " the day specified in subsection (1) of this section " ;

(d) section 29 of the Act of 1931 shall cease to have effect ;

(e) subsection (3) of section 43, and subsection (1) of section 44, and section 45, and subsection (1) of section 46, of the Act of 1931 shall have effect subject to the provisions of paragraph (5) of Article 8 of the scheduled agreement.

14 Erasure from the register on account of professional misconduct.

14.—(1) The minimum number of members of the Council by whose votes names may be erased from the register shall be six.

(2) This Article shall come into operation on the appointed day and shall have effect in lieu of the corresponding provisions in section 36 of the Act of 1931.

FIRST SCHEDULE.

AGREEMENT

between the Government of Ireland and the Government of the United Kingdom with respect to veterinary surgeons.

The Government of Ireland and the Government of the United Kingdom :

Desiring to make provision for additional members of the Council of the Royal College of Veterinary Surgeons being representatives of Ireland and desiring to facilitate the registration in the United Kingdom Register of Veterinary Surgeons of holders of veterinary degrees of certain universities in Ireland and their membership of the Royal College of Veterinary Surgeons :

Hereby agree as follows :

1. In this Agreement—

" the College " means the Royal College of Veterinary Surgeons ;

" the Council " means the Council of the College ;

" the Irish Council " means the Veterinary Council in Ireland constituted by the Veterinary Surgeons Act, 1931 (No. 36 of 1931) ;

" the General Register " means the United Kingdom Register of Veterinary Surgeons ;

" the Irish Register" means the Register of Veterinary Surgeons for Ireland.

2.—(1) The powers and duties of the College to provide for the examination of students attending a veterinary college within the area of jurisdiction of the Irish Council and for their admission to membership of the College and registration in the General Register shall remain in force until terminated in accordance with this Article.

(2) If, at any time after the 7th day of August, 1959, either Government gives notice to the other that it does not desire these powers and duties to remain in force, each Government shall take such steps as may be necessary to terminate the said powers and duties within one year after the giving of such notice.

3. Where a university in Ireland grants a veterinary degree in the case of which an order under subsection (1) of section 2 of the Veterinary Surgeons Act, 1952 (No. 18 of 1952), is for the time being in force, and it appears to the Council that the courses of study and examinations leading to the degree are such as sufficiently to guarantee that holders of the degree will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery, the Council may recommend to the Privy Council that the Privy Council should by order direct that any person on whom the degree is conferred during the continuance in force of such order of the Privy Council shall thereby be qualified to be a member of the College, and that any such person shall, on application in such manner, and on payment of such fee, as may be prescribed by regulations of the Council, be registered in the General Register and become a member of the College accordingly.

4.—(1) If, where an order of the Privy Council under Article 3 is in force, it appears to the Council that the courses of study and examinations leading to the degree to which the order relates are no longer such as to justify the continuance in force of the order, the Council may give notice to the university concerned that it appears to the Council as aforesaid, together with such particulars as may be requisite to enable the university to formulate their observations thereon or objections thereto.

(2) The Council shall consider any such observations or objections made by the university concerned within such time, not less than one month from the giving of the said notice, as the Council may determine, and they may if they think fit recommend to the Privy Council that the Privy Council should by order direct the revocation or suspension of the order of the Privy Council under Article 3.

(3) A copy of the said notice and of any observations thereon or objections thereto by the university concerned shall be sent to the Minister for Agriculture of Ireland as soon as may be after the expiration of one month from the giving of the notice.

5.—(1) In addition to the members of the Council of the College specified in sections 9 and 12 of the Veterinary Surgeons Act, 1948 (11 and 12 Geo. 6. c.52), there shall be such additional members (hereinafter referred to as the Irish representatives) of the Council as are provided for in this Article.

(2) The Irish representatives shall consist of—

(a) one member appointed by the Minister for Agriculture of Ireland ;

(b) one member appointed by each university in Ireland granting a degree in the case of which an order of the Privy Council under Article 3 is for the time being in force ;

(c) two elected members.

(3) (a) Each of the appointed members shall be appointed to hold office for a period of four years and shall be eligible for re-appointment.

(b) The appointing authority may remove an appointed member from office if, in the opinion of the authority, he is unable to perform his duties or if he has been adjudged bankrupt or sequestration of his estate has been awarded or if he has made a composition or arrangement with his creditors or if, in the opinion of the appointing authority, he is otherwise unsuited to continue to discharge his duties.

(c) Where an appointed member ceases to hold office otherwise than by effluxion of time, the vacancy shall be filled by the appointment, by the same authority, of a member to fill his place for the remainder of the period for which he had been appointed.

(4) (a) The elected members shall be elected in accordance with such provisions as may be made under the Veterinary Surgeons Act, 1952 . They shall be persons who are for the time being registered in the General Register and members of the Irish Council. Subject to paragraph (b), the term of office of an elected member shall be four years. A retiring elected member shall be eligible for re-election.

(b) The term of office of the member who, at the first election, receives the fewer votes shall be two years. In the event of the voting being equal, the member whose name has been the shorter time on the Irish Register shall be deemed to have received the fewer votes.

(c) An elected member shall cease to hold office if he ceases to be a member of the Irish Council or if he ceases to be registered in the General Register. He may be removed from office for such cause and in such manner as may for the time being be provided by the Charters and statutes governing the College for the removal of elected members of the Council.

(d) A casual vacancy amongst the elected members shall be filled in accordance with, and a member filling a casual vacancy shall hold office for the term appointed by, such provisions as may be made under the said Veterinary Surgeons Act, 1952 .

(e) An elected member shall cease to hold office at the annual general meeting of the Council in the year in which his term of office is due to expire and his successor shall take up office on the same day.

(5) This Article shall take effect on the termination of Clause 1 of the Agreement scheduled to the said Veterinary Surgeons Act, 1952 .

6.—(1) The Council shall have power to appoint persons to visit any university, college or other institution at which are pursued courses of study leading to a degree in the case of which an order of the Privy Council under Article 3 is for the time being in force, and to report upon the courses of study, staffing, accommodation and equipment available for training in veterinary surgery and the other arrangements and facilities for such training.

(2) (a) The Council may appoint persons to attend at examinations leading to a degree in the case of which an order of the Privy Council under Article 3 is for the time being in force, and to report to the Council as to the sufficiency of the examinations and as to such other matters relating thereto as the Council may require.

(b) Nothing in this paragraph shall authorise a person appointed thereunder to interfere with the conduct of any examination.

(3) The number of persons who may be appointed by the Council for the purpose of this Article shall be not less than three and not more than five, at least one and not more than two of whom shall be selected from a panel nominated by the Irish Council.

(4) On receipt of any report made under this Article—

(a) the Council shall send a copy thereof to the university concerned;

(b) the university may within one month of the receipt of the copy make to the Council observations on the report or objections thereto ;

(c) as soon as may be after the expiration of the said month, the Council shall send a copy of the report and of any observations thereon or objections thereto duly made, together with the Council's comments on the report and on any such observations or objections, to the Privy Council and the Minister for Agriculture of Ireland.

(5) Every university granting a degree in the case of which an order of the Privy Council under Article 3 is for the time being in force shall, on a request in writing in that behalf made by the Council, furnish the Council with such information as may be specified in the request as to the courses of study and examinations leading to the degree.

7.—(1) All veterinary graduates of a university in Ireland which is the subject of an order of the Privy Council under Article 3 shall be entered first in the Irish Register on application in the prescribed manner and payment of the required fee for such registration.

(2) At the time of applying for entry in the Irish Register, each such graduate shall also, for the purpose of registration in the General Register, forward to the Irish Council, for transmission to the Council, an application for registration in the General Register in such form and accompanied by such fee as may be prescribed by regulations of the Council.

8.—(1) Veterinary surgeons practising solely within the area of jurisdiction of the Irish Council shall pay no annual fee to the Council.

(2) A veterinary surgeon who practises in Ireland both within the area of jurisdiction of the Irish Council and of the Council shall pay his annual fee to the Irish Council or to the Council according to his domicile.

(3) Subject as provided for in paragraphs (2) and (5), a veterinary surgeon who, having paid his annual fee to the Irish Council, practises anywhere outside the area of jurisdiction of the Irish Council shall pay to the Council the required annual fee on the next following date on which such fee falls due.

(4) Subject as provided for in paragraphs (2) and (5), a veterinary surgeon who, having paid his annual fee to the Council, practises within the area of jurisdiction of the Irish Council, shall pay to the Irish Council the required annual fee on the next following date on which such fee falls due.

(5) A veterinary surgeon from either of the following areas, that is to say, the area of jurisdiction of the Council or of the Irish Council, shall not be required to pay an annual fee for short professional visits to the other area, and, where such visit is to the area of jurisdiction of the Irish Council, registration in the Irish Register shall not be required.

(6) A veterinary surgeon who is required to pay his annual fee to the Council under the provisions of this Article shall be subject to the provisions of section twenty-five of the Veterinary Surgeons Act, 1948.

(7) In this Article the term " veterinary surgeon " means a person for the time being registered in the Irish Register or the General Register ; and the term " short professional visits " means professional visits not exceeding seven consecutive days up to a total of fourteen days in any period of twelve months beginning on the first day of April.

(8) This Article shall take effect on the termination of the Agreement scheduled to the Veterinary Surgeons Act, 1952 .

9. On the termination of Clause I of the Agreement scheduled to the Veterinary Surgeons Act, 1952 :

(a) the said Agreement shall terminate ;

(b) the following clauses or parts of clauses, that is to say, paragraph (2) of clause 3 and clauses 4 and 6, of the Agreement scheduled to the Veterinary Surgeons Act, 1931 (No. 36 of 1931), shall terminate.)

10. The Government of Ireland and the Government of the United Kingdom shall, as soon as possible, take such steps as may be necessary under the laws of their respective countries to enable the preceding provisions of this Agreement to be put into operation.

In witness whereof the undersigned, duly authorised for the purpose by their respective Governments, have signed the present Agreement.

Done in London in Duplicate this sixth day of April, 1954.

For the Government of Ireland   For the Government of the United Kingdom

  F. H. BOLAND.             SWINTON.

SECOND SCHEDULE

RULES FOR THE ELECTION OF ELECTED MEMBERS OF THE COUNCIL AT AN ELECTION.

1. The election at an election of persons to be general elected members of the Council and the election at such election of persons to be limited elected members of the Council shall be conducted as two separate elections held at the one time and accordingly each such election shall be deemed for the purposes of these Rules to be a separate election and the word " election " shall in these Rules be construed accordingly.

2. Every candidate shall be nominated in writing and shall be proposed and seconded respectively by two registered veterinary surgeons resident in the State and entitled to vote at the election, and every such nomination shall be signed by the candidate and by his proposer and his seconder.

3. Every person entitled to vote at an election shall be entitled to vote for as many candidates as there are vacancies to be filled at such election and no more.

4. The returning officer shall send a voting paper by post to every person entitled to vote at the election but the failure to send a voting paper to any such person shall not invalidate the election.

5. Any person entitled to vote at the election to whom a voting paper is not sent by the returning officer shall be entitled to obtain a voting paper on application therefor to the returning officer.

6. Persons entitled to vote at the election shall send by post or otherwise or deliver their voting papers to the returning officer at the address given by him for the purpose.

7. On the day and at the time and place appointed for the purpose by the returning officer the votes cast by voting papers received by the returning officer before that day shall be counted in the presence of the returning officer by a chartered or other qualified auditor appointed by the returning officer.

8. At every election, the votes cast at the election of persons to be general elected members shall be counted and the result of the election ascertained before the counting of the votes cast at the election of persons to be limited elected members is commenced, and, in the counting of the votes at the last mentioned election, any candidate at such election who has been elected at the first-mentioned election shall be deemed to have withdrawn his candidature and accordingly votes cast for him shall be disregarded.

9. Where at an election there are one or more casual vacancies to be filled, the elected person who receives the greatest number of votes shall be deemed to have been elected to fill the vacancy which is not a casual vacancy, and the other elected person or persons shall be deemed to have been elected to fill the said casual vacancy or vacancies and, if more than one, on the basis that the person receiving the greater number of votes is elected to fill the vacancy having the greater term of office unexpired.

10. Where at an election any two persons receive an equal number of votes, that one of them whose name was first entered on the register shall be deemed to have received the higher number.

11. Votes cast by voting papers received by the returning officer on or after the day appointed by him for the counting of the votes shall not be counted.

12. The method of sending, receiving, and counting voting papers shall be such as to secure the secrecy of the voting.

13. Every candidate shall be entitled to be present at the counting of the votes and no other person shall be present without the consent of the returning officer.

14. When the counting of the votes is completed the returning officer shall send the name or names of the person or persons elected and such other particulars relating to the election as may be required under this order in writing signed by him to the Council.

GIVEN under the Official Seal of the Government, this 9th day of April, 1954.

(Signed) ÉAMON DE VALÉRA,

Taoiseach.