Veterinary Practice Act 2005

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SCHEDULE 3

Mutual Recognition and Establishment of Services

Section 43 .

PART 1

Interpretation

1. In this Schedule “application” means an application for registration under section 43 .

PART 2

Provisions to Apply to Applications under Mutual Recognition Requirements of the European Union

Section 43 (6).

1. Subject to paragraph 3, the Council shall determine the application as soon as possible, and in any event within 3 months after receiving all documents prescribed under section 52 or required under section 43 .

2. The Council may require of the competent authorities of the home relevant State—

(a) confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that state and referred to in Chapters II and III of the Mutual Recognition Directive,

(b) confirmation that the applicant concerned has fulfilled any training requirements specified in Council Directive 78/1027/EEC of 18 December 1978.

3. The Council is designated to be the competent authority in the State to issue and receive the following for the purposes of the Mutual Recognition Directive under the Articles of that Directive referred to as follows:

(a) certificates under paragraph 1 of Article 6;

(b) documents under paragraph 2 of Article 6;

(c) information under paragraph 3 of Article 6;

(d) information under paragraphs 1 and 2 of Article 7;

(e) certificates under Article 8;

(f) information under paragraph 1 of Article 12;

(g) declarations under paragraph 2 of Article 12;

(h) certificates under paragraph 3 of Article 12;

(i) information under Article 15.

4. The Council shall—

(a) be the competent authority in the State in respect of the requirements to be fulfilled under paragraph 3 of Article 6 and under paragraph 2 of Article 7 of the Mutual Recognition Directive, and

(b) ensure the confidentiality of any information issued or received under Articles 6 and 7 of that Directive.

5. Where the Council gives information to another relevant state under paragraph 3 of Article 6 or paragraph 2 of Article 7 of the Mutual Recognition Directive, the following provisions shall apply:

(a) the 3 month period referred to in paragraph 1 is extended by the period equal to the period beginning on the day on which information is given to the other relevant state and ending on the day on which the other relevant state gives its reply, or 3 months, whichever is shorter; and

(b) where the other relevant state does not give its reply within the period specified in paragraph 2 of Article 10 of the Mutual Recognition Directive, and the information relates to an application, then if, having regard to and only to the information given by it, the Council is of the opinion that the person making the application does not comply with subsection (2)(c) or (5)(a) of section 43 , the Council shall refuse the application.

6. Prior to registering an applicant under section 43 , the Council may require him or her to make a declaration that complies with Article 11 of the Mutual Recognition Directive.

7. The Council may register the applicant subject to a condition requiring him or her, when using any academic title or status or other qualification specified by the Council, being an academic title or status or other qualification which is relevant to the application, to indicate by whom it was conferred or awarded.

8. Where the Council is of opinion that the academic title or other qualification or status to which any diploma, certificate or other document on which an application is grounded is capable of being understood as indicating that a person entitled to use such title or qualification has pursued a programme of education other than that which he or she has in fact undergone, the Council may make it a condition of registration that the person concerned shall use the title, qualification or status in a manner directed by the Council.

9. Where a condition is attached by the Council under this Schedule and there is failure by the person to whom the condition relates to comply with the condition, the Council, if it thinks fit, may—

(a) direct that, during such period as shall be specified in the direction, his or her registration shall not have effect, or

(b) remove his or her name from the Register.

10. The Council shall ensure that an applicant has required linguistic skills in accordance with paragraph 3 of Article 14 of the Mutual Recognition Directive.

11. The Council and a provider of a programme of education shall satisfy themselves that the requirements of Article 1 of Council Directive 78/1027/EEC of 18 December 1978 have been complied with by any person on whom it is proposed to confer a qualification under this Act.

12. In considering an application under section 43 (3), the Council, for the purpose of reaching a determination in respect of the application, shall take into account any training undergone or experience gained in a relevant state or third country.

PART 3

Provisions to Apply to Applications that Relate to Establishment of Services

Section 43 (9).

1. The Council shall not consider any document furnished to it for the purposes of section 43 (7)(c) where the document has been issued by the relevant state concerned more than 12 months before being furnished to the Council for the purposes of that section.

2. (1) Subject to subparagraph (2), documents referred to in section 43 (7)(c) shall be furnished to the Council no later than 15 days before the first day, as notified by the applicant to the Council, on which the applicant intends to provide such services.

(2) If the applicant cannot furnish the documents referred to in section 43 (7)(c) but he or she satisfies the Council that there are compelling reasons why he or she should commence providing services on the day as notified by the applicant, as being the first day on which he or she intends to provide such services, then the documents may be furnished to the Council within 15 days after that day.

3. No fee shall be payable to the Council in respect of the application, and sections 54 and 58 shall not apply to the applicant during the period beginning on the day that his or her application is received and ending on the day that the Council decides whether or not to register the applicant.

4. Where a certificate, described in the second indent of paragraph 3 of Article 12 of the Mutual Recognition Directive is issued by the Council and, within a period of 1 year from the date of issue of the certificate the name of the person is duly removed from the Register in accordance with Part 7 or section 51 , the Council shall immediately so inform the competent authority of each relevant state.