Veterinary Practice Act 2005
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Compliance with European Union requirements. |
43.—(1) The Council, on application to it in that behalf in writing by a person to whom subsection (2) applies, in accordance with regulations under section 52 (1), and on payment to it of the fee prescribed under section 33 , shall register the person as a veterinary practitioner. | |
(2) This subsection applies to a person who— | ||
(a) is a national of a relevant State, | ||
(b) shows to the satisfaction of the Council that he or she— | ||
(i) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine awarded in accordance with Article 1 of Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons1 (as amended by Article 8 of Directive 2001/19/EC of the European Parliament and of the Council of 14 May 20012 ) and referred to in Article 2 and the Annex to the Mutual Recognition Directive (as inserted by paragraphs 1 and 3 of Article 7 of Directive 2001/19/EEC of the European Parliament and of the Council of 14 May 2001), | ||
(ii) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine referred to in paragraphs 1 and 2 of Article 4 of the Mutual Recognition Directive (as amended by Article 18 of Council Directive 89/594/EC of 30 October 19893 ) and in respect of whom a certificate has been issued by a competent authority stating that— | ||
(I) in the case of a qualification referred to in paragraph 1 of Article 4 of the Mutual Recognition Directive, he or she has effectively and lawfully been engaged in the activities of a veterinary surgeon for at least 3 consecutive years during the 5 years prior to the date of issue of the certificate, | ||
(II) in the case of a qualification referred to in paragraph 2 of Article 4 of the Mutual Recognition Directive, he or she was awarded it following training that accords with Council Directive 78/1027/EEC of 18 December 1978 as referred to in Article 2 of the Mutual Recognition Directive and is treated by the relevant State as the designated qualification referred to in the Annex to the Mutual Recognition Directive, | ||
or | ||
(iii) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine not referred to in Article 2 of and the Annex to the Mutual Recognition Directive and in respect of whom a certificate has been issued by a competent authority stating that the qualifications in question have been awarded on completion of education and training that complies with the provisions of that Directive and are treated by the relevant State as equivalent to qualifications referred to in Article 2 of and the Annex to that Directive, | ||
(c) is of good character and repute and is not an undischarged bankrupt, | ||
(d) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and | ||
(e) is not prohibited from practising, or suspended from the practice of, veterinary medicine, either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner. | ||
(3) The Council, on application to it in that behalf in writing by a person to whom subsection (4) applies, in accordance with regulations under section 52 (1), and on payment to it of the fee prescribed under section 33 , shall consider the application. | ||
(4) For the purposes of subsection (3), this subsection applies to a person who— | ||
(a) is a national of a relevant State, | ||
(b) holds a diploma, or certificate, or as regards whom there is evidence of formal qualification as a veterinary surgeon granted by the competent authority of a third country where the diploma, certificate or other evidence had been recognised by a relevant State for the purpose of the practice of veterinary medicine in the relevant State. | ||
(5) Where the Council is satisfied to do so, having considered matters referred to at subsection (4)(b), it shall register the person to whom subsection (3) applies provided that he or she— | ||
(a) is of good character and repute and is not an undischarged bankrupt, | ||
(b) has not been convicted by a court, in the State or elsewhere of an offence that, in the opinion of the Council, is such as to render the person unfit to practice veterinary medicine, | ||
(c) is not prohibited from practising or suspended from the practice of, veterinary medicine, either under Part 7 or provisions corresponding to those contained in the Part that apply in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary practitioner. | ||
(6) Parts 1 and 2 of Schedule 3 apply to applications made under subsections (1) and (3). | ||
(7) Where a person who— | ||
(a) is a national of a relevant State, | ||
(b) wishes to provide veterinary services within the limits and under the conditions laid down in Article 12 of the Mutual Recognition Directive, and | ||
(c) furnishes— | ||
(i) a prior declaration of his or her intention to provide services in accordance with Article 12 of the Mutual Recognition Directive in the manner prescribed, | ||
(ii) a certificate from the competent authority of the relevant State where the applicant is established, stating that he or she is lawfully practising as a veterinary practitioner in that relevant State, | ||
(iii) a statement from the competent authority of the home relevant State that the applicant holds a diploma, certificate, or other evidence of formal qualifications as a veterinary practitioner. | ||
and the documents referred to in paragraph (c) are in order, the Council shall register that person for a period not exceeding 12 months. | ||
(8) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (7), it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person complies with paragraphs (b) and (c) of subsection (7). | ||
(9) Parts 1 and 3 of Schedule 3 apply to applications made under subsections (7) and (8). | ||
(10) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made. | ||
(11) A person who receives a notification under subsection (10) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt. | ||
(12) On the hearing of an appeal under this section, the High Court may make— | ||
(a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned, | ||
(b) an order remitting the application for registration with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or | ||
(c) any other order that it considers appropriate. | ||
(13) In this section and in Schedule 3 — | ||
“competent authority” means— | ||
(a) in relation to a relevant State, the authority designated in accordance with Article 16 of the Mutual Recognition Directive, and | ||
(b) in relation to the State, the Council; | ||
“home relevant State” in relation to a veterinary practitioner, means the relevant State in which he or she acquired his or her diploma, certificate or other evidence of formal qualification or where he or she is registered as a veterinary practitioner; | ||
“Mutual Recognition Directive” means Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services as amended and extended by the Treaties; | ||
“relevant State” means— | ||
(a) a Member State (other than the State) of the European Communities, | ||
(b) a State that is a contracting State to the EEA agreement within the meaning given to that phrase in the European Communities (Amendment) Act 1993 , and | ||
(c) the Swiss Confederation; | ||
“third country” means a country that is not a relevant State or the State; | ||
“Treaties” means— | ||
(a) the Treaty relating to the accession of the Hellenic Republic to the European Communities and the European Atomic Energy Community, signed at Athens on the 28th day of May 1979, | ||
(b) the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities and the European Atomic Energy Community, signed on the 12th day of June 1985, | ||
(c) the Treaty concerning the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Communities signed at Corfu on the 24th day of June 1994, | ||
(d) the Treaty relating to the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed at Athens on the 16th day of April 2003. | ||
(14) A word or expression that is used in this section or in Schedule 3 and is also used in the Directives referred to in this section or in Schedule 3 has, unless the contrary intention appears, the same meaning in this section and in Schedule 3 as it has in those Directives. | ||