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Legal Guidance – Veterinary Surgeons Act 1966
This
Guidance Notice seeks to give information to healers in Please
note that I am not a qualified legal practitioner and healers affected by
this legislation should seek professional legal advice as appropriate. Please
read the introductory guidance on the legislative process in the The Veterinary Surgeons
Act 1966 is reproduced below under the terms of
Crown Copyright Policy Guidance issued by HMSO (Her Majesty’s Stationery
Office). Copyright is owned by the
Crown and information on reproduction rights may be found on the HMSO website
at http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/reproduction-of-legislation.htm. Background There
are numerous pieces of legislation on the Statute Book which are intended to
provide a framework in law for the reasonable treatment and care of animals.
The Veterinary Surgeons Act 1966 is the primary legislation relating to the
treatment of illness and injury amongst animals. It provides for a framework
of approved veterinary qualifications and registration of approved veterinary
practitioners under the auspices of the The general principle of the legislation
is that only suitably qualifed and registered
persons as specified in the legislation may attend to the treatment of
illness and injury amongst animals. There is an absolute prohibition on
unregistered persons attending to illness or treatment unless there are very
special circumstances such as a life or death emergency. The implications of this legislation are
that it is unlawful for an energy healer to act as primary source of
treatment for an ill or injured animal and to imply that he or she can help
to cure or to heal an animal unless registered with the
I cannot find any legislation to prevent
the application of energies to an animal providing that this does not cause
the animal stress. The application of energies, however, cannot be undertaken
on the basis of claims to heal an animal.
Those energy healers who would like to
work with animals are advised to consider working in partnership with local
veterinary practices and to have animals referred to them by their local
vets. The legislation is reproduced below. There are sources on the internet which seem to
indicate that the Veterinary Surgery (Exemptions) Order 1962 which was passed
to provide some updates to earlier legislation makes it lawful to practice
certain complementary therapies on animals by way of providing healing
treatment. This information seems to be incorrect and should be ignored. If
anybody needs to check this out with me, I have a copy of the 1962 Order at
home. Reproduction of the legislation Veterinary Surgeons Act
1966 CHAPTER 36 An Act to make fresh
provision for the management of the veterinary profession, for the
registration of veterinary surgeons and veterinary practitioners, for regulating
their professional education and professional conduct and for cancelling or suspending registration in cases of
misconduct; and for connected purposes. [17th
November 1966] BE IT ENACTED by the
Queen's most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows The Council 1 The Council of the (1) For the purpose of managing the affairs of the Royal College of
Veterinary Surgeons there shall continue to be a Council of the College
consisting (subject to any Order in Council under section 21 of this Act) of
the following persons, that is to say— (a) twenty-four persons (hereafter in this
Act referred to as “elected members of the Council”) elected from among
themselves by members of the College . . . ; (b) four persons appointed by the Privy
Council; (c) for each
university in the [(1A) A member of the College who, by
virtue of article 3(1) or 3(2) of the Agreement with respect to veterinary
surgeons made between Her Majesty’s Government in the United Kingdom and the
Government of the Republic of Ireland and given effect to in the United
Kingdom by the Veterinary Surgeons (Agreement with the Republic of Ireland)
Order 1988, is not required to pay a fee in respect of his membership of the
College, may not vote, propose any candidate or stand as a candidate in any
election of members of the Council which takes place after 31st May 1988
unless he has paid, in respect of every membership year that has occurred
between that date and the date of the election, the fee prescribed by
regulation of the Council under section 11(1)(b) of this Act on or before
31st March in every such year; and in this sub-section “membership year”
means the membership year of the College running from the 1st day of April to
the 31st day of March.] (2) There shall continue to be a President and two Vice-Presidents of
the College elected from among themselves by members of the Council. (3) Schedule 1 to this Act shall have effect with respect to the
tenure of office, election and appointment of the President and
Vice-Presidents of the College and of the other members of the Council and
with respect to other matters relating to the Council. (4) Where the Privy Council make an order under section 3 of this Act
which will result in a change in the number of members appointed under
subsection (1)(c) of this section, they may by order after consultation with
the Council of the College— (a) make such alteration in the number of
elected members of the Council of the College as appears to them expedient in
view of the making of the order under the said section 3 for the purpose of
securing that there is a majority of elected members over all other members
of the Council of the College; and (b) make such
consequential provision with respect to the term of office of the elected
members (including provision modifying Schedule 1 to this Act) as appears to
them necessary or expedient in consequence of the change in the total number
of elected members. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (1): words omitted
from para (a) repealed by SI 1988/784, art 4. Sub-s (1A): inserted by SI
1988/784, art 4. Registration and qualification
for registration 2 Register of veterinary surgeons (1) There shall continue to be a register known as the register of
veterinary surgeons (hereafter in this Act referred to as “the register”)
containing the names, addresses and qualifications of all persons who are
entitled under the provisions of this Act to be registered therein. (2) The register shall consist of four lists— [(a) one, to be called the general list, of
persons entitled to be registered in the register under section 3, 4, 5A or
5B of this Act;] (b) one, to be called the Commonwealth
list, of persons entitled to be so registered as holding some Commonwealth
qualification; (c) one, to be called the foreign list, of
persons so registered as holding some foreign qualification; (d) one, to be
called the temporary list, of persons entitled to be so registered under
section 7 of this Act. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (2): para (a) substituted by SI 2003/2919, art 12, Schedule, para 1. Date in force: 17 December
2003: see SI 2003/2919, art 1. 3 Right of holders of university degrees to be
registered (1) Where— (a) a university in the (b) it appears to the Privy Council, after
consultation with the Council of the College, that the courses of study and
examinations 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 Privy Council may by
order (in this Act referred to as “a recognition order”) direct that any
person on whom during the continuance in force of the order, the degree is
conferred after attending those courses at that university shall be entitled
to be registered in the register and shall on being so registered become a
member of the College. (2) If, while a recognition order 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 make representations to that effect to the Privy
Council. (3) Where any representations are made under the last foregoing
subsection, the Privy Council shall give notice to the university in question
that the representations have been made, together with such particulars
thereof as may be requisite to enable the university to formulate their
observations on or objections to the representations. (4) The Privy Council shall consider any such representations and any
such observations or objections made within such time not less than two
months from the giving of the notice under the last foregoing subsection as
the Privy Council may determine, and may if they think fit by order revoke or
suspend the recognition order. (5) An order under the last foregoing subsection suspending a
recognition order may be revoked by a subsequent order of the Privy Council
if it appears to them expedient in consequence of representations made by the
Council of the College or by the university in question that the recognition
order should be revived. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 4 Examination by the College of students of
certain universities (1) On the application of any university in the United Kingdom for
which no recognition order is in force the Privy Council may after
consultation with the Council of the College direct the College to hold
examinations in veterinary surgery for the students of veterinary surgery
attending at that university; and any such student passing any such examination
shall be entitled to be registered in the register and shall on being so
registered become a member of the College. (2) A direction under the foregoing subsection with respect to any
university shall cease to have effect on the coming into force or revival of
a recognition order for that university or may be revoked by a subsequent
direction of the Privy Council made after consultation with that university
and with the Council of the College. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 5 Supervisory functions of the Council (1) The following provisions of this section shall have effect for the
purpose of securing that the courses of study to be followed by students
training to be veterinary surgeons and the standard of proficiency required
for registration in the register shall be such as sufficiently to guarantee
that persons registered in the register will have acquired the knowledge and
skill needed for the efficient practice of veterinary surgery; and it shall
be the duty of the Council to exercise the powers conferred on them by those
provisions so far as necessary for that purpose. (2) The Council may appoint persons to visit the universities for
which recognition orders are in force or are proposed to be made, and any
other universities which for the time being provide or propose to provide
courses leading to examination by the College, and to report on the courses
of study, staffing, accommodation and equipment available for training in
veterinary surgery and the other arrangements and facilities for such
training. (3) The Council may appoint persons to attend at examinations in any
aspect of veterinary surgery at universities for which recognition orders are
in force or are proposed to be made 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. Provided nothing in this
subsection shall authorise a person appointed therein
to interfere with the conduct of any examination. (4) On the receipt of any report made under this section— (a) the Council shall send a copy of the
report to the university concerned; (b) the university may within the period of
two months from the receipt of the copy make observations on or objections to
the report to the Council; (c) as soon as practicable after the
expiration of that period the Council shall send the Privy Council a copy of
the report and of any such observations or objections which are duly made,
together with the comments of the former on the report and the observations
or objections. (5) A university for which a recognition order is in force shall, on
being requested in writing so to do 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 to which the recognition order
relates; and a university for whose students of veterinary surgery
examinations are held under the last foregoing section shall, on being so
requested, furnish the Council with such information as may be so specified
as to the courses of study preparing students for those examinations. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 5A Right of holders of recognised
European qualifications to be registered [(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 (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 (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 NOTES Amendment Inserted by the Veterinary
Surgeons Qualifications (EEC Recognition) Order 1980, SI 1980/1951, art 3(2). Substituted by SI
2003/2919, art 12, Schedule, para 2. Date in force: 17 December
2003: see SI 2003/2919, art 1. 5B Applications by nationals of member States
who do not have Scheduled European qualifications [(1) A national of a member State who
is not entitled to be registered under section 5A of this Act may apply to be
registered under this section. (2) If such an applicant shows to the satisfaction of the registrar
that he has the requisite knowledge and skill to fit him for practising veterinary surgery in the United Kingdom, he
shall be entitled to be registered in the register, and upon being so
registered shall become a member of the College. (3) In determining an application under this section, the registrar
shall take into account— (a) any veterinary qualifications,
veterinary training and professional experience in veterinary surgery acquired
by the applicant, whether in a (b) any acceptance by a member State other
than the United Kingdom, for the purposes of the applicant carrying out
veterinary surgery in that member State, of a qualification granted to the applicant
in a state which is not a member State. (4) Subsections (3) to (5) of section 5A of this Act apply for the
purposes of this section as they apply for the purposes of that.] NOTES Amendment Inserted by SI 2003/2919,
art 12, Schedule, para 3. Date in force: 17 December
2003: see SI 2003/2919, art 1. 5C Appeals on refusal to register [(1) A person may appeal to the Council if
his application for registration under section 5A or 5B of this Act is
refused. (2) An appeal under
subsection (1) of this section shall be brought within three months of— (a) the date on which the applicant
receives the notice referred to in subsection (3) of section 5A of this Act
or, as the case may be, that subsection as applied by section 5B(4); or (b) if, under subsection
(5) of section 5A of this Act, or that subsection as applied by section
5B(4), the applicant’s application is deemed to have been refused, the date
of the deemed refusal. (3) An appeal under
subsection (1) of this section shall be referred to the registration appeals
committee which may— (a) dismiss the appeal; (b) allow the appeal and quash the decision
appealed against; (c) substitute for the decision appealed
against any other decision which could have been made; or (d) remit the case
to the registrar to dispose of in accordance with the directions of the
committee. (4) The registration
appeals committee shall, within 28 days of making a decision, give notice of
its decision to the applicant. (5) A notice under
subsection (4) shall— (a) give reasons for the decision of the
registration appeals committee; and (b) refer to the
applicant’s right to appeal to the appropriate court against the decision of
the registration appeals committee. (6) A person may appeal to the appropriate court against the decision
of the registration appeals committee within 28 days of the date on which he
was notified of that decision. (7) In subsections (5), (6) and (9), the “appropriate court” is— (a) a county court; or (b) in the case of
a person whose address in the register would, if he were registered, be in (8) The Council of the College may appear as respondent on any such
appeal and, for the purpose of enabling directions to be given as to the
costs of any such appeal, shall be deemed to be a party to the appeal whether
they appeared at the hearing or not. (9) On an appeal to the appropriate court under this section, the
court (or the sheriff) may— (a) dismiss the appeal; (b) allow the appeal and quash the decision
of the registration appeals committee; (c) substitute for the decision appealed
against any other decision which could have been made by the registration
appeals committee; or (d) remit the case to the registration
appeals committee to dispose of in accordance with the directions of the
court, and
may make such order as to costs (or in NOTES Amendment Inserted by SI 2003/2919,
art 12, Schedule, para 4. Date in force: 17 December
2003: see SI 2003/2919, art 1. 5D Registration appeals committee [(1) The Council shall set
up a committee of the Council to be known as the registration appeals
committee which shall be charged with considering and determining appeals
under section 5C(1) of this Act. (2) The registration appeals committee shall consist of five members
of the Council, not more than three of whom shall be members of the College. (3) The quorum for a meeting of the registration appeals committee
shall be three, not more than two of whom shall be members of the College. (4) The Council shall make rules relating to the appointment of
members of the registration appeals committee, the constitution of that
committee and the procedure to be followed in relation to appeals to that
committee, including provision as to any rules of evidence to be observed in
such appeals.] NOTES Amendment Inserted by SI 2003/2919,
art 12, Schedule, para 5. Date in force: 17 December
2003: see SI 2003/2919, art 1. 6 Qualification for registration as a
Commonwealth or foreign practitioner (1) A person who shows to the satisfaction of the registrar— (a) that he is of good character, (b) that he holds a Commonwealth or foreign
qualification in veterinary surgery, and (c) that he has satisfied the Council that
he has the requisite knowledge and skill to fit him for practising
veterinary surgery in the shall
be entitled to be registered in the register and on being so registered shall
become a member of the College. (2) Without prejudice to any other steps which the Council may take
for the purpose of satisfying themselves that a person has the said knowledge
and skill, the Council shall for that purpose, except in a case falling
within the next following subsection, require him to sit for examinations
held for the purposes of this section by or under arrangements made by the
College. (3) If a Commonwealth or foreign qualification held by a person is of
a kind accepted for the time being by the Council as constituting, in itself,
satisfactory proof of that person’s possessing the requisite knowledge and
skill to fit him for practising veterinary surgery
in the United Kingdom, that person shall be taken to have satisfied the
Council that he has the said knowledge and skill. (4) The Council may make regulations as to the examinations to be held
for the purposes of this section, and may include in the regulations
provisions for withdrawing the right to sit for any such examinations from a
person who has not paid the fee prescribed by the regulations for sitting for
the examinations, or from a person who has previously failed to pass such
examinations on such number of occasions as may be prescribed by the
regulations. (5) The Council may direct that a particular person who has passed the
examinations required to obtain a Commonwealth or foreign qualification shall
be treated for the purposes of this section as a person holding a
Commonwealth or foreign qualification, as the case may be. [(6) No person shall be
registered under this section if he is entitled to be registered under
section 5A or 5B of this Act.] NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (6): substituted by
SI 2003/2919, art 12, Schedule, para 6. Date in force: 17 December
2003: see SI 2003/2919, art 1. 7 Temporary registration (1) The Council may, with a view to permitting— (a) a person who satisfies them that he has
attended a course of study, and has passed the examinations, leading to a
degree to which a recognition order relates; and (b) a person holding a Commonwealth or
foreign qualification in veterinary surgery, to practise
veterinary surgery temporarily or otherwise subject to restrictions, direct
that he be registered in the register subject to such restrictions as the
Council may specify in the direction with respect to the period for which,
the place or places at which and the circumstances in which he may practise veterinary surgery; and any person with respect
to whom a direction is given under this subsection shall be entitled to be
registered in the register subject to the entry against his name of the
restrictions so specified. (2) Registration under this section shall not make it lawful for a
person to practise veterinary surgery otherwise
than subject to the said restrictions. (3) Where a person registered under this section fails to comply with
any of the restrictions subject to which he is registered, the Council may
cause his name to be removed from the register. (4) The Council may direct that a particular person who has passed the
examinations required to obtain a Commonwealth or foreign qualification shall
be treated for the purposes of this section as a person holding a
Commonwealth or foreign qualification, as the case may be. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 8 Supplementary veterinary register (1) There shall continue to be a register known as the supplementary
veterinary register containing the names and addresses of the following
persons (to be known as veterinary practitioners), that is to say— (a) the persons who immediately before the
commencement of this Act were registered in that register; (b) the persons who having been so
registered at some previous time were not then so registered, but whose names
are restored to that register under section 18 of this Act; and (c) the persons
entitled to be registered in that register under the next following
subsection. (2) Any person who for an aggregate of not less than seven out of the
ten years immediately preceding 2nd December 1965 held a licence
under section 7 of the Veterinary Surgeons Act 1948 (licensing of employees
of certain societies and institutions providing free treatment for animals)
shall be entitled to be registered in the supplementary veterinary register,
but shall not be entitled to practise veterinary
surgery— (a) otherwise than as an employee of any
society or institution mentioned in subsection (1) of that section; or (b) except with
permission granted by the Council and subject to such restrictions as the
Council may impose. (3) Where a person is registered in the supplementary veterinary
register under the last foregoing subsection, the entry against his name in
the register shall state— (a) whether he is the employee of any such
society or institution as aforesaid; (b) whether he has been granted permission
to practise veterinary surgery; and (c) any
restrictions subject to which he may practise it. (4) Where a person registered in the supplementary veterinary register
under subsection (2) of this section fails to comply with any restrictions
subject to which he is so registered, the Council may cause his name to be
removed from the register. (5) A certificate purporting to be a certificate of the Minister of
Agriculture, Fisheries and Food stating that any person held, or did not
hold, a licence under section 7 of the Veterinary
Surgeons Act 1948 for a period specified in the certificate shall be
conclusive for the purposes of this section of the matters stated in the
certificate. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Supplementary provisions as to
the register and registration 9 Keeping, evidential effect and publication
of the register (1) The register shall be kept by the registrar of the College who
shall be appointed by the Council. (2) The registrar shall perform such other duties in connection with
the register as the Council may direct, and in the execution of his duties he
shall act on such evidence as in each case appears sufficient. (3) The Council shall cause the register to be printed and published
as often as they think fit. (4) If in any year the register is not published, the Council shall
cause any alterations in the entries in that register which have been made
since the last publication thereof to be printed and published within that
year. (5) A copy of the register purporting to be printed and published by
the Council shall, as altered by any alterations purporting to be printed and
published by the Council, be evidence (and in Scotland sufficient evidence)
that the persons specified in the register are registered therein; and the
absence of a person’s name from any such copy shall be evidence (and in
Scotland sufficient evidence) that he is not registered in the register. (6) In the case of a person whose name does not appear in any such
copy of the register as altered as aforesaid, a certified copy, under the
hand of the registrar, of the entry relating to that person in the register
shall be evidence (and in Scotland sufficient evidence) of the entry. (7) The registrar shall from time to time insert in the register any
alteration which may come to his knowledge in the name or address of any
registered person. (8) The foregoing provisions of this section shall apply in relation
to the supplementary veterinary register as they apply in relation to the
register of veterinary surgeons. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 10 Procedure for registration (1) Any right to registration in the register or the supplementary
veterinary register shall be conditional on the making of an application
supported by such evidence as is required by the following subsection and, in
the case of registration in the supplementary veterinary register of persons
mentioned in section 8(1)(c) of this Act, on the
making of the application within six months of the commencement of this Act. (2) A person applying to be registered in either of the said registers
shall produce or send to the registrar the document conferring or evidencing
his qualification for registration, together with a statement of his name and
address and such other particulars, if any, as may be required for
registration. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 11 Power to make regulations, etc., with
respect to the register (1) The Council may make regulations with respect to the form and
keeping of the register, the making of entries therein and the removal of
entries therefrom and, in particular,— (a) prescribing a fee to be charged on the
entry of a name in the register, or on the restoration of any entry to the
register; (b) prescribing a fee to be charged in
respect of the retention in the register of the name of a person in any year subsequent
to the year in which he was first registered; (c) authorising
the registrar, notwithstanding anything in this Act, to refuse to make in, or
restore to, the register any entry until a fee prescribed by regulations
under this section has been paid. (2) Regulations under this section may authorise
the registrar to remove from the register the name of a person who, after
such notices and warnings as may be prescribed by the regulations, fails to
pay a fee prescribed under paragraph (b) of the foregoing subsection. (3) If, within such period as may be prescribed by regulations under
this section, any person whose name has been removed from the register in
accordance with regulations made by virtue of the last foregoing subsection
pays the fee due from him, together with such additional sum (if any) as may
be so prescribed, his name shall be restored to the register and, if the
Council so direct, shall be deemed for all purposes not to have been removed therefrom. (4) Regulations under this section prescribing fees may provide for
the charging of different fees in different cases and may provide that fees
shall not be chargeable in prescribed cases. (5) The Council may give directions authorising
any additional qualifications specified in the directions to be entered in
the register on the application of registered veterinary surgeons by whom they are held. (6) The foregoing provisions of this section shall apply in relation
to the supplementary veterinary register as they apply in relation to the
register of veterinary surgeons; but any regulations under this section may
make different provision in relation to the two registers. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 12 Abbreviations of qualifications granted
abroad Where a person’s name is
entered in the Commonwealth list or the foreign list, or an additional
qualification granted in a place outside the United Kingdom is entered
against a person’s name in any part of the register, the registrar shall
enter the qualification by virtue of which that person is registered or, as
the case may be, the additional qualification, in such abbreviated form as
the registrar, after consultation with the Council, may select as being
convenient. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 13 Removal of names of deceased persons and of
those who have ceased to practise (1) The registrar shall remove from the register the name of every
deceased person and, on registering the death of a registered veterinary
surgeon, a registrar of births and deaths shall, without charge, send
forthwith by post to the registrar a copy certified under his hand of the
entry in the register of deaths relating to the death. (2) If a registered veterinary surgeon has ceased to practise the registrar may at his request or with his
consent remove his name from the register. (3) The registrar may send by post to a registered veterinary surgeon
a notice inquiring whether he has ceased to practise
or has changed his residence and, if no answer is received to the inquiry
within six months from the posting of the notice, he may remove the name of
the registered veterinary surgeon from the register. (4) Where a person’s name has been removed from the register under
subsection (2) or (3) of this section, the name may be restored to the
register on his application unless the original entry of his name was
incorrectly or fraudulently made. (5) This section shall apply in relation to the supplementary
veterinary register and persons registered in that register as it applies in
relation to the register of veterinary surgeons and registered veterinary
surgeons. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 14 Incorrect and fraudulent entries in the
register It shall be the duty of
the Council to refer to the disciplinary committee any case in which it
appears to the Council that an entry in the register of veterinary surgeons
or the supplementary veterinary register has been fraudulently made and to
remove from that register any other entry which has been incorrectly made. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Disciplinary and similar
proceedings 15 Preliminary investigation and disciplinary
committees (1) The Council shall set up a committee of the Council to be known as
the preliminary investigation committee which shall be charged with the duty
of conducting a preliminary investigation into every disciplinary case (that
is to say, a case in which it is alleged that a person is liable to have his
name removed from the register or to have his registration suspended under
the next following section) and of deciding whether the case should be
referred to the disciplinary committee. (2) There shall continue to be a committee of the Council known as the
disciplinary committee charged with the duty of considering and determining— (a) any disciplinary case referred to them
by the preliminary investigation committee; and (b) any other case
of which the disciplinary committee has cognizance under section 18 of this
Act. (3) The provisions of Part I of Schedule 2 to this Act shall have
effect with respect to the constitution of the preliminary investigation and
disciplinary committees, and the provisions of Part II of that Schedule shall
have effect with respect to the procedure of the disciplinary committee. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 16 Removal of names from register for crime or
disgraceful conduct (1) If— (a) a person registered in the register is
convicted in the United Kingdom or elsewhere of a criminal offence which, in
the opinion of the disciplinary committee, renders him unfit to practise veterinary surgery; or (b) any such person is judged by the
disciplinary committee to have been guilty of disgraceful conduct in any
professional respect; or (c) the
disciplinary committee is satisfied that the name of any such person has been
fraudulently entered in the register. the committee may, if they
think fit, direct that his name shall be removed from the register or (except
in a case falling within paragraph (c) of this subsection) that his
registration therein shall be suspended, that is to say, it shall not have
effect during a period specified in the direction. (2) Where the disciplinary committee direct
that a person’s name shall be removed from the register or that his
registration shall be suspended under this section, the registrar shall serve
a notice of the direction on him. (3) This section shall apply in relation to the supplementary
veterinary register and persons registered in that register as it applies in
relation to the register of veterinary surgeons and registered veterinary
surgeons. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 17 Appeals in disciplinary and other cases (1) A person in relation to whom a direction has been given under the
last foregoing section may, at any time within twenty-eight days from the
date of service on him of the notice of the direction, appeal against the
direction to Her Majesty in Council in accordance with such rules as Her
Majesty in Council may by order provide for the purposes of this section; and
the Judicial Committee Act 1833 shall apply in relation to the disciplinary
committee as it applies in relation to such courts as are mentioned in
section 3 of that Act (reference to the Judicial Committee of the Privy
Council of appeals to Her Majesty in Council). (2) The Council of the College may appear as respondent on any such
appeal and, for the purpose of enabling directions to be given as to the
costs of any such appeal, shall be deemed to be a party thereto whether they
appeared on the hearing of the appeal or not. (3) A direction under the last foregoing section shall take effect— (a) where no appeal under this section is
brought against the direction within the time limited for the appeal, on the
expiration of that time; (b) where such an appeal is brought and is
withdrawn or struck out for want of prosecution, on the withdrawal or
striking out of the appeal; (c) where such an
appeal is brought and is not withdrawn or struck out as aforesaid, if and
when the appeal is dismissed and not otherwise. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 18 Restoration of name after removal or
suspension (1) Where a person’s name has been removed from the register of
veterinary surgeons or the supplementary veterinary register in pursuance of
a direction under section 16 of this Act, the name of that person shall not
again be entered in the register from which it was removed unless the
disciplinary committee on application made to them in that behalf otherwise
direct. (2) Where the registration of a person in either of the said registers
is suspended in pursuance of any such direction, the name of that person
shall not be entered in the register so long as the suspension has effect
unless the disciplinary committee on application made to them in that behalf
otherwise direct. (3) Any application under this section for the restoration of a name
to either of the said registers or for the removal of a suspension of
registration shall not be made to the disciplinary committee— (a) within ten months of the date of
removal or suspension; or (b) within ten
months of a previous application thereunder. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Restriction on practice of
veterinary surgery 19 Restriction of practice of veterinary
surgery by unqualified persons (1) Subject to the following provisions of this section, no individual
shall practise, or hold himself out as practising or as being prepared to practise,
veterinary surgery unless he is registered in the register of veterinary
surgeons or the supplementary veterinary register, and an individual who acts
in contravention of this subsection shall be liable— (a) on summary conviction to a fine not
exceeding [the prescribed sum] (b) on conviction
on indictment to a fine. (3) The
Council may make regulations exempting from subsection (1) of this section
the carrying out or performance of any veterinary treatment, test or
operation prescribed by the regulations, subject to compliance with
prescribed conditions, by students of veterinary surgery of any prescribed
class. (4) Subsection (1) of this section shall not prohibit— (a) the carrying out of [any procedure duly
authorised under the Animals (Scientific Procedure)
Act 1986]; (b) the doing of anything specified in Part
I of Schedule 3 to this Act and not excluded by Part II of that Schedule; (c) the performance by a registered medical
practitioner of an operation on an animal for the purpose of removing an
organ or tissue for use in the treatment of human beings; (d) the carrying out or performance of any
treatment, test or operation by a registered medical practitioner or a
registered dentist at the request of a person registered in the register of
veterinary surgeons or the supplementary veterinary register; (e) the carrying out or performance of any
minor treatment, test or operation specified in an order made by the
Ministers after consultation with the Council, so long as any conditions so
specified are complied with. (5) The Ministers may, after consultation with the Council and with
persons appearing to the Ministers to represent interests so appearing to be
substantially affected, by order amend the provisions of Schedule 3 to this
Act. (6) Any order under subsection (4) or (5) of this section may be
varied or revoked by a subsequent order of the Ministers under that
subsection made after the like consultation. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (1): words in square
brackets substituted by the Magistrates’ Courts Act 1980, s 32(2). Sub-s (2): repealed by the
Criminal Law Act 1977, s 65, Sch 13. Sub-s (4): words in square
brackets substituted by the Animals (Scientific Procedures) Act 1986, s
27(2), Sch 3, para 5. Subordinate Legislation Veterinary Surgeons Act
1966 (Schedule 3 Amendment) Order 2002, SI 2002/1479 (made under sub-s (5)). Veterinary Surgery (Rectal
Ultrasound Scanning of Bovines) Order 2002, SI 2002/2584 (made under sub-s
(4)). 20 Prohibition of use of practitioners' titles
by unqualified persons (1) If a person not registered in the register takes or uses the title
of veterinary surgeon or any name, title, addition or description implying
that he is so registered, he shall be guilty of an offence. (2) If any person not registered in the register of veterinary
surgeons or the supplementary veterinary register takes or uses the title of
veterinary practitioner or any name, title, addition or description implying
that he is a practitioner of, or qualified to practise,
veterinary surgery to any greater extent than is authorised
by or under subsection (3) of the last foregoing section, he shall be guilty
of an offence. (3) Without prejudice to the foregoing provisions of this section, if
any person uses, in connection with any business carried on by him or at any
premises at which such a business is carried on, a description implying that
he or any person acting for the purposes of the business possesses veterinary
qualifications which he does not in fact possess he shall be guilty of an
offence. (4) A person guilty of an offence under this section shall be liable— (a) on summary conviction to a fine not
exceeding [the prescribed sum]; (b) on conviction
on indictment to a fine. (5) Where an offence by a body corporate under this section is proved
to have been committed with the consent or connivance of, or be attributable
to any neglect on the part of, any director, manager, secretary or other
similar officer of the body corporate, or a person purporting to act in any
such capacity, he, as well as the body corporate shall be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (4): words in square
brackets substituted by the Magistrates’ Courts Act 1980, s 32(2). Sub-s (6): repealed by the
Criminal Law Act 1977, s 65. Agreements with the 21 Power to give effect to agreements with the
(1) For the purpose of giving effect to any agreement with respect to
veterinary surgeons entered into (whether before or after the commencement of
this Act) between Her Majesty’s Government in the United Kingdom and the
Government of the Republic of Ireland Her Majesty may by Order in Council
make such provision as appears to Her to be expedient— (a) for the appointment or election of
additional members of the Council to represent the (b) for empowering the Privy Council, on
the recommendation of the Council, to make an order— (i) directing that the holders of any
university veterinary degree of the Republic of Ireland specified in the
order shall be entitled, subject to any exception so specified and on
compliance with any conditions so specified, to be registered in the register
and shall on being so registered become a member of the College; and (ii) revoking or suspending any order made by
virtue of the foregoing sub-paragraph; (c) for imposing duties on the Council with
respect to any reports received by them in pursuance of any such agreement; (d) without prejudice to the last foregoing
sub-paragraph, for requiring or enabling the disciplinary committee to act on
any report made to the Council in pursuance of any such agreement by any
committee of the Veterinary Council of the Republic of Ireland in connection
with a disciplinary case as if the facts stated in the report had been found
by the disciplinary committee on inquiring into the case under this Act. (2) Any Order in Council under this section may contain such
incidental, consequential, transitional or supplementary provision as may
appear to Her Majesty to be necessary or proper in consequence of the
provisions of any such agreement or for giving full effect thereto (including
provision amending this Act or any instrument thereunder). (3) Any Order in Council under this section may be varied or revoked
by a subsequent Order thereunder. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Miscellaneous and general 22 Default powers of the Privy Council (1) If it appears to the Privy Council that the Council of the College
have failed, but ought, to discharge any of their functions under this Act,
the Privy Council may notify their opinion to the Council of the College and
may direct them to discharge that function in such a manner and within such a
period as may be specified in the direction. (2) If the Council of the College fail to
comply with a direction under the foregoing subsection with respect to any
function of theirs, the Privy Council may themselves discharge that function. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 23 Exercise of powers conferred on the Privy
Council (1) For the purpose of exercising any powers of this Act conferred on
the Privy Council a quorum of the Privy Council shall be two. (2) Any document purporting to be— (a) an instrument of appointment or
approval made by the Privy Council under this Act or any other instrument so
made; and (b) signed by the Clerk of the Privy
Council or any other person authorised by the Privy
Council in that behalf, shall be evidence (and in Scotland sufficient
evidence) of the fact that the instrument was so made and of the terms of the
instrument. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. NOTES Amendment Repealed in part by the
Criminal Justice Act 1972, s 64(2), Sch 6, Pt I;
remainder repealed by SI 1974/2143, art 9(2), Sch
5. 25 Regulations, rules and orders (1) No regulations or rules of the Council under this Act shall have
effect unless approved by order of the Privy Council. (2) Any order under the foregoing subsection may be revoked by a
subsequent order of the Privy Council. (3) Any power to make orders conferred by this Act on the Privy
Council or the Ministers, and any power to make rules so conferred on the
Lord Chancellor, shall be exercisable by statutory instrument. (4) The Ministers shall not make an order under section 19(5) of this
Act unless a draft of the order has been approved by both Houses of
Parliament. (5) Any statutory instrument made under this Act in the exercise of
powers conferred by section 1(4), 3, 19(4) or 21 of this Act shall be subject
to annulment in pursuance of a resolution of either House of Parliament. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March 1967:
see SI 1967/251, art 2. Subordinate Legislation Veterinary Surgeons and
Veterinary Practitioners (Registration) Regulations Order of Council 2000, SI
2000/1619 (made under sub-ss (1), (2)). Veterinary Surgeons
(Examination of Commonwealth and Foreign Candidates) Regulations Order of
Council 2001, SI 2001/1703 (made under sub-ss (1),
(2)). Veterinary Surgeons and
Veterinary Practitioners (Registration) (Amendment) Regulations Order of
Council 2003, SI 2003/219 (made under sub-s (1)). 26 Notices (1) In this Act “notice” means a notice in writing. (2) Any notice or other document authorised
or required to be served under this Act on a person registered in the
register of veterinary surgeons or the supplementary veterinary register may,
without prejudice to any other method of service, be served on him by post in
a letter addressed to him at his address in the relevant register, or at his
last known address if that address differs from his address in the relevant
register and it appears to the registrar that such service will be more
effective. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. 27 Interpretation (1) In this Act, except so far as the context otherwise requires,— “animals”
includes birds and reptiles; “College”
means the [“Commonwealth
qualification” means a qualification granted in a place outside the “Council” means the Council of the College; “disciplinary
case” has the meaning assigned to it by section 15 of this Act; [“EEA
Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed
at Brussels on 17th March 1993 and by Decision 84/2002 of the EEA Joint
Committee;] “elected
members of the Council” has the meaning assigned to it by section 1 of this
Act; [“foreign
qualification” means a qualification granted in a place outside the “the
Ministers” means the Minister of Agriculture, Fisheries and Food, the
Secretary of State and the Minister of Agriculture for [“ [“national”
in relation to a member State, includes any person who, by virtue of any
enforceable Community right, is entitled to be treated, for the purposes of
access to the veterinary profession, no less favourably
than a national of such a State, but does not include a person who by virtue
of Article 2 of Protocol No 3 (Channel Islands and Isle of Man) to the Treaty
of Accession is not to benefit from Community provisions relating to the free
movement of persons and services;] “qualification”
means any diploma, degree, fellowship, membership, licence,
authority to practise, letters testimonial,
certificate or other status or document granted by any university,
corporation, college or other body or by any department of, or persons acting
under the authority of, the government of any country or place; “the
Recognition Directive” means Community Council Directive 78/1026/EEC
concerning the mutual recognition of diplomas, certificates and other
evidence of formal qualifications in veterinary medicine, as last amended by
Directive 2001/19/EC of the European Parliament and of the Council; “recognition
order” has the meaning assigned to it by section 3 of this Act; “register”
means the register of veterinary surgeons; “registration
appeals committee” means the committee of the Council referred to in section
5D of this Act; “Scheduled
European qualification” means a qualification set out in Schedule 1A to this
Act; “the
Training Directive” means Community Council Directive 78/1027/EEC concerning
the co-ordination of provisions in respect of the activities of veterinary
surgeons, as last amended by Directive 2001/19/EC of the European Parliament
and of the Council; “veterinary
surgery” means the art and science of veterinary surgery and medicine and,
without prejudice to the generality of the foregoing, shall be taken to
include— (a) the diagnosis of diseases in, and injuries to, animals including
tests performed on animals for diagnostic purposes; (b) the giving of advice based upon such diagnosis; (c) the medical or surgical treatment of animals; and (d) the performance of surgical operations on
animals. (2) Anything required by this Act to be done by or to the registrar
may be done by or to any assistant registrar appointed by the Council. (3) References in this Act to any other enactment shall be construed
as references thereto as amended, and as including references thereto as
extended, by or under any subsequent enactment. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (1): definition
“Commonwealth qualification” inserted by SI 2003/2919, art 12, Schedule, para 7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“Commonwealth qualification” and “foreign qualification” (omitted) repealed
by SI 2003/2919, art 12, Schedule, para 7(a). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition “EEA
Agreement” inserted by SI 2003/2919, art 12, Schedule, para
7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“foreign qualification” inserted by SI 2003/2919, art 12, Schedule, para 7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“national” inserted by SI 1980/1951, art 3(4). Sub-s (1): definition “ Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“national” substituted by SI 2003/2919, art 12, Schedule, para
7(b). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition “the
Recognition Directive” inserted by SI 2003/2919, art 12, Schedule, para 7(C). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“registration appeals committee” inserted by SI 2003/2919, art 12, Schedule, para 7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition
“Scheduled European qualification” inserted by SI 2003/2919, art 12,
Schedule, para 7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Sub-s (1): definition “the
Training Directive” inserted by SI 2003/2919, art 12, Schedule, para 7(c). Date in force: 17 December
2003: see SI 2003/2919, art 1. Modification The 28 Repeal, saving and transitional provisions (1) The enactments described in Schedule 4 to this Act are hereby
repealed to the extent specified in column 3 of that Schedule. (2) Nothing in this Act shall be construed as derogating from so much
of the charter of the College dated 8th March 1844 as incorporates the
College, recognises the veterinary art as a
profession, authorises the College to have a common
seal, to hold property, to sue and to appoint officers and servants and
provides for the vesting of the property of the College. (3) In so far as any Order in Council, regulation, rule, order or
other instrument made or issued under any enactment repealed or any charter
provision superseded by this Act or any other thing done under any such
enactment or provision could have been made, issued or done under a
corresponding provision of this Act it shall not be invalidated by the
repeals effected by this section or by any other provision of this Act but
shall have effect as if made, issued or done under that corresponding
provision. (4) Without prejudice to the last foregoing subsection— (a) any person registered in the register
immediately before the commencement of section 2 of this Act by reason of his
having obtained a diploma granted on examination by the College shall be
treated as if he had been registered in that register in the general list; (b) any person registered in the register under
section 13 of the Veterinary Surgeons Act 1881 as a colonial practitioner or
a foreign practitioner immediately before the commencement of the said
section 2 shall be treated as if he had been registered in the register in
the Commonwealth list or the foreign list, as the case may require; (c) any order made
under section 1 of the Veterinary Surgeons Act 1948 and in force immediately
before the commencement of section 3 of this Act shall have effect as if it
had been made under the said section 3. (5) Without prejudice to subsection (3) of this section, any provision
of this Act relating to anything done or required or authorised
to be done under, or by reference to, that provision or any other provision
of this Act shall have effect as if any reference to that provision or to
that other provision, as the case may be, included a reference to the
corresponding provision of the enactments repealed by this Act or the
corresponding charter provision superseded by this Act, as the case may
require. (6) Without prejudice to subsection (3) of this section, the tenure of
office of a person elected or appointed a member of the Council, or President
or Vice-President of the College, before the day appointed for the
commencement of Schedule 1 to this Act, or of any person thereafter elected
or appointed to fill a casual vacancy in the office of a person of the former
description, shall be computed as if the said Schedule 1 had come into
operation on the day on which the person of the former description was
elected or appointed a member of the Council or President or Vice-President
of the College, as the case may be. (7) Nothing in this Act shall affect the enactments repealed thereby
in their operation in relation to offences committed before the commencement
of sections 19 and 20 of this Act. (8) Any enactment passed before this Act referring, whether
specifically or by means of a general description, to an enactment repealed
or a charter provision superseded by this Act shall, unless the contrary
intention appears, be construed as referring to the corresponding provision
of this Act, and any document made or issued (whether before or after the
passing of this Act) referring whether specifically or by means of a general
description, to an enactment repealed or a charter provision superseded by
this Act shall, unless the contrary intention appears, be similarly
construed. (9) In this section “charter provision” means a provision of a charter
of the College. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Sub-s (1): Appointment
(for certain purposes): 15 March 1967: see SI 1967/251, art 2. Sub-s (1): Appointment
(for certain purposes): 15 November 1967: see SI 1967/251, art 3. Sub-s (1): Appointment
(for remaining purposes): 1 February 1973: see SI 1972/1990, art 2. Sub-ss
(2)–(9): Appointment: 15 March 1967: see SI 1967/251, art 2. 29 Short title, extent and commencement (1) This Act may be cited as the Veterinary Surgeons Act 1966. (2) It is hereby declared that this Act extends to (3) This Act shall come into operation on such day as Her Majesty may
by Order in Council appoint and different days may be appointed under this
subsection for different purposes; and any reference in this Act to the
commencement of any provision thereof shall be construed as a reference to
the day appointed under this subsection for the coming into operation of that
provision. (4) Any Order under this section may make such transitional provision
as appears to Her Majesty to be necessary or expedient in connection with the
provisions thereby brought into force, including such adaptations of those
provisions, of any provisions of this Act then in force or of any provisions
then in force of the enactments described in Schedule 4 to this Act as appear
to Her to be necessary or expedient in consequence of the partial operation
of this Act (whether before or after the day appointed by the Order). NOTES Initial Commencement To be appointed To be appointed: see sub-s
(3) above. Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Sub-s (2): words omitted
repealed by the SCHEDULE
1 Section
1(3) Tenure of office of members and
of President and Vice-Presidents 1 (1) Subject to the provisions of this Schedule, the term of office of
any member of the Council shall be, as near as may be, four years and the day
on which a member of the Council ordinarily retires shall be the day of the
annual general meeting of the College in the year in which he retires. (2) Subject to the provisions of this Schedule, six of the elected
members of the Council, being those who have been such members for the
longest time without re-election, shall retire in each year. (3) If on the coming into force of a recognition order for any
university a member of the Council is appointed by the university between two
annual general meetings of the College, then, subject to the following
provisions of this Schedule, the term of office of that member shall not
expire until the fourth annual general meeting after it began. 2 Subject to the provisions
of this Schedule, the term of office of the President or a Vice-President of
the College shall be, as near as may be, one year, and he shall retire at the
next meeting of the Council after the annual general meeting, but shall hold
office until that next meeting notwithstanding that he has ceased to be a
member of the Council, unless he resigns office as President or Vice-President
or ceases to be a member of the Council under paragraph 3, 4 or 5 of this
Schedule. 3 A member of the Council
may at any time, by notice in writing addressed to the registrar, resign his
office as member and the President or a Vice-President of the College may at
any time by a like notice resign his office as such. 4 An elected member of the
Council, or a member of the Council appointed by a university as being a
member of the College, shall cease to hold office if he ceases to be a member
of the College. 5 If a recognition order
ceases to be in force for any university, any member appointed to the Council
by that university shall thereupon cease to hold office. Elections, appointments and
casual vacancies 6 (1) Elections or appointments to fill any vacancy occurring under
paragraph 1 of this Schedule shall be held or made before the annual general
meeting of the College at which the vacancy occurs. (2) Elections to fill an ordinary vacancy in the office of President
or Vice-President shall be held at the meeting of the Council at which the
vacancy occurs. 7 (1) Where a casual vacancy occurs among the elected members of the
Council, the vacancy shall be filled— (a) by the unsuccessful candidate at the
last previous ordinary election of such members who at that election received
the greatest number of votes and has not since become a member, or (b) if two or more such candidates received
an equal number of votes, by the candidate who has been registered longest on
the register or, if two or more such candidates have been registered longer
than any other but for the same period as each other, by one of them chosen
by lot, or (c) if there were
no unsuccessful candidates at that election, by a person appointed by the
Council. (2) Where a casual vacancy occurs among members of the Council
appointed by the Privy Council or a university, the vacancy shall be filled
by the Privy Council or that university, as the case may be. (3) Where a casual vacancy occurs in the office of President or
Vice-President of the College, the vacancy shall be filled by an election
held at the first meeting of the Council after the vacancy occurs. (4) A person filling a casual vacancy among the elected members of the
Council or in the office of President or Vice-President of the College shall
hold office until the date on which the person whose vacancy he fills would
have regularly retired. 8 A person ceasing to be a
member of the Council or President or Vice-President of the College shall be
eligible to be re-elected or re-appointed. 9 Elections of elected
members of the Council shall be conducted in accordance with a scheme made by
the Council and approved by the Privy Council. 10 A scheme under the last
foregoing paragraph may be amended by the Council, but no amendment of the
scheme shall have effect unless approved by the Privy Council. Supplementary 11 The powers of the Council
and any of its committees may be exercised notwithstanding any vacancy, and
no proceedings of the Council or any of its committees shall be invalidated
by any defect in the election or appointment of a member. 12 The additional elected
members of the Council required to bring the number of such members up to
twenty-four shall be elected before, and shall come into office at, the
annual general meeting of the College in 1968. 13 Of the persons elected
members of the Council at the election of such members in 1968 one shall
retire in each of the three next following years, being— (a) that one of the successful candidates
who at that election received the smallest number of votes and remains a
member by virtue of being so elected, or (b) if two or more such candidates received
an equal number of votes, the candidate who has been registered on the
register for the shortest period or, if two or more such candidates have been
registered for a shorter period than any other but for the same period as
each other, one of them chosen by lot. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. SCHEDULE
1A NOTES Amendment Substituted by SI
2003/2919, art 12, Schedule, para 8. Date in force: 17 December
2003: see SI 2003/2919, art 1. [Section
5A] NOTES Amendment Substituted by SI 2003/2919,
art 12, Schedule, para 8. Date in force: 17 December
2003: see SI 2003/2919, art 1.
NOTES Amendment Inserted by SI 1980/1951,
art 3(5). Substituted by SI
2003/2919, art 12, Schedule, para 8. Date in force: 17 December
2003: see SI 2003/2919, art 1. SCHEDULE
2 Section
15(3) Part I 1 (1) The preliminary investigation committee shall consist of the
President and Vice-Presidents of the College and three other members of the
Council elected from among themselves by the members
of the Council. (2) Ordinary elections of the members of the preliminary investigation
committee, other than the President or the Vice-Presidents, shall be held at
the first meeting of the Council following the annual general meeting of the
College and any election to fill a casual vacancy occurring among those
members shall be held at the next meeting of the Council after the vacancy
occurs. (3) The quorum for a meeting of the preliminary investigation
committee shall be three, of whom at least one shall be the President or a
Vice-President of the College. 2 (1) The disciplinary committee shall consist of a chairman elected by
the Council and of eleven other members so elected. (2) A person shall not be qualified to be a member of the disciplinary
committee unless he is a member of the Council. (3) Not less than six members of the disciplinary committee shall be
elected members of the Council, and not less than one member of the
disciplinary committee shall be a member of the Council appointed to the
Council by the Privy Council. (4) For the purpose of any proceedings relating to the supplementary
veterinary register there shall be added to the disciplinary committee four
persons appointed by the Ministers, being persons registered in the
supplementary veterinary register. (5) No person who acted as a member of the preliminary investigation
committee with respect to any case shall act as a member of the disciplinary
committee with respect to that case. (6) The quorum for a meeting of the disciplinary committee shall be
five, of whom at least one shall be an elected member of the Council, except
that a quorum for a meeting of the committee to hear a disciplinary case
against a person registered in the supplementary veterinary register shall be
seven, of whom at least one shall be an elected member of the Council and at
least two shall be persons so registered. 3 The members of the
preliminary investigation committee and the disciplinary committee shall hold
office for such term as may be determined from time to time by the Council. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Part II 4 (1) For the purpose of any proceedings before the disciplinary
committee in England and Wales or Northern Ireland the committee may
administer oaths and any party to the proceedings may sue out writs of
subpoena ad testificandum and duces
tecum, but no person shall be compelled under any
such writ to produce any document which he could not be compelled to produce
on the trial of an action. (2) The provisions of section [36 of the Supreme Court Act 1981] [of
section 67 of the Judicature (Northern Ireland) Act 1978] or of the
Attendance of Witnesses Act 1854 (which provide special procedures for the
issue of such writs so as to be in force throughout the United Kingdom) shall
apply in relation to any proceedings before the disciplinary committee in
England and Wales or, as the case may be, Northern Ireland as those
provisions apply in relation to causes or matters in the High Court or
actions or suits pending in the High Court of Justice in Northern Ireland. (3) For the purpose of any proceedings before a disciplinary committee
in Scotland, the committee may administer oaths and the Court of Session
shall on the application of any party to the proceedings have the like power
as in any action in that court to grant warrant for the citation of witnesses
and havers to give evidence or to produce documents
before the committee, and for the issue of letters of second diligence
against any witness or haver failing to appear
after due citation, to grant warrant for the recovery of documents, and to
grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions. 5 (1) The Council shall make rules as to the procedure to be followed
and the rules of evidence to be observed in proceedings in disciplinary cases
before the disciplinary committee and in particular— (a) for securing that notice that the
proceedings are to be brought shall be given, at such time and in such manner
as may be specified by the rules, to the person alleged to be liable to have
his name removed or suspended from the register; (b) for securing that any party to the
proceedings shall, if he so requires, be entitled to be heard by the
committee; (c) for enabling any party to the
proceedings to be represented by counsel or solicitor or (if the rules so
provide and the party so elects) by a person of such other description as may
be specified by the rules; (d) for requiring proceedings before the
committee to be held in public except so far as may be provided by the rules; (e) for requiring, in cases where it is
alleged that a person is guilty of disgraceful conduct in any professional
respect, that where the committee judges that the allegation has not been
proved it shall record a finding that the person is not guilty of such
conduct in respect of the matters to which the allegation relates. (2) As respects proceedings before the disciplinary committee not
falling within the foregoing sub-paragraph the Council shall have power to
make rules with respect to all or any of the matters mentioned in the
foregoing sub-paragraph, but shall not be required to do so. 6 (1) For the purpose of advising the disciplinary committee on
questions of law arising in disciplinary cases there shall in all such cases
be an assessor to the committee who shall be [(a) a person who has a 10 year general
qualification, within the meaning of section 71 of the Courts and Legal
Services Act 1990; (b) an advocate or solicitor in (c) a member of
the Bar of Northern Ireland or solicitor of the Supreme Court of (2) The power of appointing an assessor to the disciplinary committee
shall be exercisable by the Council, but if no assessor appointed by the
Council is available to act in any particular proceedings the committee may
itself appoint an assessor qualified as aforesaid for those proceedings. (3) The Lord Chancellor may make rules as to the functions of
assessors appointed under this paragraph, and in particular such rules may
contain provision for securing— (a) that where an assessor advises the
disciplinary committee on any question of law as to evidence, procedure or
any other matters specified by the rules, he shall do so in the presence of
every party or person representing a party to the proceedings who appears
thereat or, if the advice is tendered while the committee is deliberating in
private, that every such party or person as aforesaid shall be informed what
advice the assessor has tendered; (b) that every such party or person as
aforesaid shall be informed if in any case the committee does not accept the
advice of the assessor on such a question as aforesaid, and
may contain such incidental and supplementary provisions as the Lord
Chancellor considers expedient. (4) An assessor may be appointed under this paragraph either generally
or for any particular proceedings or class of proceedings, and shall hold and
vacate office in accordance with the terms of the instrument under which he
is appointed. (5) The Council may pay to an assessor appointed under this paragraph
remuneration at such rates as may be determined by the Council with the
consent of the Lord Chancellor. NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment: 15 March
1967: see SI 1967/251, art 2. Amendment Para 4: first words in
square brackets substituted by the Supreme Court Act 1981, s 52(1), Sch 5; second words in square brackets inserted by the
Judicature (Northern Ireland) Act 1978, s 122(1), Sch
5, Part II. SCHEDULE
3 Part I 1. Any minor medical treatment given to an
animal by its owner, by another member of the household of which the owner is
a member or by a person in the employment of the owner. 2. Any medical treatment or any minor
surgery not involving entry into a body cavity given, otherwise than for
reward, to an animal used in agriculture, as defined in the Agriculture Act
1947, by the owner of the animal or by a person engaged or employed in caring
for animals so used. 3. The rendering in an emergency of first
aid for the purpose of saving life or relieving pain or suffering. 4. The performance by any person of or over
the age of eighteen of any of the following operations, that is to say— (a) the castration of a male animal or the caponising of an animal, whether by chemical means or
otherwise; (b) the docking of the tail of a lamb; (c) the
amputation of the dew claws of a dog before its eyes are open. 5. The performance, by any person of the
age of seventeen undergoing instruction in animal husbandry, of any operation
mentioned in paragraph 4(a) or (b) above and the disbudding of a calf by any
such person or by a person of or over the age of eighteen undergoing such
instruction, if, in each case, either of the following conditions is complied
with, that is to say— (a) the instruction in animal husbandry is
given by a person registered in the register of veterinary surgeons or the
supplementary veterinary register and the operation is performed under his
direct personal supervision; (b) the
instruction in animal husbandry is given at a recognised
institution and the operation is performed under the direct personal
supervision of a person appointed to give instruction at the institution. [In the foregoing
paragraph “recognised institution” means— (a) as respects (i) an institution maintained or assisted by a
local education authority; [(iA) an institution within the further
education sector within the meaning of section 91(3) of the Further and
Higher Education Act 1992] (ii) any other institution which provides higher
education or further education (or both) and as respects which a grant is
paid by the Secretary of State; or (iii) an institution recognised
by the Secretary of State for the purposes of the foregoing paragraph; (b) as respects [(i) any educational establishment (not being a
school) within the meaning of section 135(1) of the Education (Scotland) Act
1980 for the provision of any form of further education for the management of
which establishment an education authority is responsible; (iA) any college of further education within
the meaning of section 36(1) of the Further and Higher Education ( (ii) a central institution within the meaning of
the Education ( (iii) an institution recognised
by the Secretary of State for the purposes of the foregoing paragraph; [or (iv) a designated institution within
the meaning of Part II of the Further and Higher Education ( (c) as respects and
expressions used in paragraph (a) of this paragraph and in [the Education Act
1996] have the same meaning as in that Act.] [6 Any medical treatment or
any minor surgery (not involving entry into a body cavity) to any animal by a
veterinary nurse if the following conditions are complied with, that is to
say— (a) the animal is, for the time being,
under the care of a registered veterinary surgeon or veterinary practitioner
and the medical treatment or minor surgery is carried out by the veterinary
nurse at his direction; (b) the registered veterinary surgeon or
veterinary practitioner is the employer or is acting on behalf of the
employer of the veterinary nurse; and (c) the registered
veterinary surgeon or veterinary practitioner directing the medical treatment
or minor surgery is satisfied that the veterinary nurse is qualified to carry
out the treatment or surgery. In this paragraph and in
paragraph 7 below— “veterinary nurse” means a nurse whose name is entered in
the list of veterinary nurses maintained by the College.] [7 Any medical treatment or
any minor surgery (not involving entry into a body cavity) to any animal by a
student veterinary nurse if the following conditions are complied with, that
is to say— (a) the animal is, for the time being,
under the care of a registered veterinary surgeon or veterinary practitioner
and the medical treatment or minor surgery is carried out by the student
veterinary nurse at his direction and in the course of the student veterinary
nurse’s training; (b) the treatment or surgery is supervised
by a registered veterinary surgeon, veterinary practitioner or veterinary
nurse and, in the case of surgery, the supervision is direct, continuous and
personal; and (c) the registered
veterinary surgeon or veterinary practitioner is the employer or is acting on
behalf of the employer of the student veterinary nurse. In this paragraph— “student
veterinary nurse” means a person enrolled under bye-laws made by the Council
for the purpose of undergoing training as a veterinary nurse at an approved
training and assessment centre or a veterinary practice approved by such a
centre; “approved training and assessment centre” means a centre
approved by the Council for the purpose of training and assessing student
veterinary nurses.] NOTES Amendment Substituted by SI
1988/526, art 2. Para 5: definition “recognised institution” substituted by the Education
Reform Act 1988, s 237, Sch 12, Part III, sub-para (a)(iA) inserted by the
Further and Higher Education Act 1992, s 93, Sch 8,
Part II, para 70; sub-paras(b)(i) and (iA) substituted, for
sub-para (b)(i) as
originally enacted, word omitted repealed, and sub-para
(b)(iv) inserted, by the Further and Higher Education (Scotland) Act 1992, s
62, Sch 9, para 2, final
words in square brackets substituted by the Education Act 1996, s 582(1), Sch 37, para 12. Date in force: 10 June
2002: see SI 2002/1479, art 1. Date in force: 10 June
2002: see SI 2002/1479, art 1. [Part
II [Nothing in section
19(4)(b) of this Act shall authorise— (a) the castration of a male animal being— (i) a horse, pony, ass or mule, (ii) a bull, boar or goat which has reached the
age of two months, (iii) a ram which has reached the age of three
months, or (iv) a cat or dog; (b) the spaying of a cat or dog; (c) the removal (otherwise than in an
emergency for the purpose of saving life or relieving pain or suffering) of
any part of the antlers of a deer before the velvet of the antlers is frayed
and the greater part of it has been shed; (d) the desnooding
of a turkey which has reached the age of 21 days; (e) the removal of the combs of any poultry
which have reached the age of 72 hours; (f) the cutting of the toes of a domestic
fowl or turkey which has reached the age of 72 hours; (g) the performance of a vasectomy or the
carrying out of electro-ejaculation on any animal or bird kept for the
production of food, wool, skin or fur or for use in the farming of land; (h) the removal of the supernumerary teats
of a calf which has reached the age of 3 months; or (i) the
dehorning or disbudding of a sheep or goat, except the trimming of the
insensitive tip of an ingrowing horn which, if left
untreated, could cause pain or distress.] NOTES Amendment Substituted by SI
1988/526. SCHEDULE 4 Section
28(1)
NOTES Initial Commencement To be appointed To be appointed: see s
29(3). Appointment Appointment (in part): 15
March 1967: see SI 1967/251, art 2. Appointment (in part): 15
November 1967: see SI 1967/251, art 3. Appointment (remainder): 1
February 1973: see SI 1972/1990, art 2. Posted 31st May 2006 |
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