Veterinary Practice (Amendment) Act 2012
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Registration under European Union requirements. |
8.— (1) The following section is substituted for section 43 (inserted by the Regulations of 2007) of the Principal Act: | |
“Mutual recognition — veterinary practitioners. | ||
43.— (1) The Council, when exercising its functions under section 13(2)(d) and Part 6, shall satisfy itself that Articles 21(6) and 38 of the Mutual Recognition Directive have been complied with by a provider of a programme of education in the State. | ||
(2) The Council on application to it in that behalf in writing by a person to whom subsection (3) 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. | ||
(3) This subsection applies to a person who shows to the satisfaction of the Council that he or she— | ||
(a) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine— | ||
(i) awarded in accordance with Article 21(1) of the Mutual Recognition Directive, or | ||
(ii) referred to in Article 23(1), (2), (3), (4), (5) or (6) or Article 39 of the Mutual Recognition Directive where the certification required by those Articles has been given by the competent authority of the home relevant State, | ||
(b) is a citizen of the State or a relevant State, | ||
(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— | ||
(i) a conviction for an offence, or | ||
(ii) serious misconduct, | ||
in connection with the carrying out of professional duties as a veterinary practitioner. | ||
(4) The Council, on application to it in that behalf in writing by a person to whom subsection (5) 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. | ||
(5) This subsection applies to a person who shows to the satisfaction of the Council that he or she— | ||
(a) holds a diploma, or certificate, or as regards whom there is evidence of formal qualification as, a veterinary practitioner 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 that State, | ||
(b) has a minimum of 3 years professional experience as a veterinary practitioner in the relevant State referred to in paragraph (a), | ||
(c) is a citizen of the State or a relevant State, | ||
(d) is of good character and repute and is not an undischarged bankrupt, | ||
(e) 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 | ||
(f) 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— | ||
(i) a conviction for an offence, or | ||
(ii) serious misconduct, | ||
in connection with the carrying out of professional duties as a veterinary practitioner. | ||
(6) The Council, on application to it in that behalf in writing by a person to whom subsection (7) applies, in accordance with regulations made under section 52(1) and on payment of the fee prescribed under section 33, shall register the person as a veterinary practitioner. | ||
(7) This subsection applies to a veterinary practitioner who comes within the scope of Article 10 of the Mutual Recognition Directive and who shows to the satisfaction of the Council that he or she— | ||
(a) has complied with Article 13 of the Mutual Recognition Directive, | ||
(b) is a citizen of the State or a relevant State, | ||
(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— | ||
(i) a conviction for an offence, or | ||
(ii) serious misconduct, | ||
in connection with the carrying out of professional duties as a veterinary practitioner. | ||
(8) Parts 1 and 2 of Schedule 3 apply to applications made under subsections (2), (4) and (6). | ||
(9) Where a person who is legally established as a veterinary practitioner in a relevant State and who— | ||
(a) wishes to provide veterinary services within the limits and under the conditions laid down in Article 5 of the Mutual Recognition Directive, and | ||
(b) furnishes— | ||
(i) a prior declaration of his or her intention to provide services in accordance with Article 7 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, which confirms such establishment and that he or she is lawfully entitled to practise as a veterinary practitioner in that State, | ||
(iii) a copy of his or her qualification or 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 | ||
(iv) proof of nationality, | ||
and the documents referred to in this paragraph are in order, | ||
the Council shall register that person as aveterinary practitioner for a period not exceeding 12 months. | ||
(10) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (9), 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 (a) and (b) of subsection (9). | ||
(11) Parts 1 and 3 of Schedule 3 apply to applications made under subsections (9) and (10). | ||
(12) 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. | ||
(13) A person who receives a notification under subsection (12) 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. | ||
(14) 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. | ||
(15) In this section— | ||
‘competent authority’ means— | ||
(a) in relation to a relevant State, the authority designated in accordance with Article 56(3) 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 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 1 on the recognition of professional qualifications; | ||
‘relevant State’ means— | ||
(a) another Member State, | ||
(b) a state that is a contracting state to the EEA agreement (within the meaning of the European Communities (Amendment) Act 1993 ), or | ||
(c) the Swiss Confederation; | ||
‘third country’ means a country that is not a relevant State or the State; | ||
‘veterinary practitioner’ has the same meaning as ‘veterinary surgeon’ in the Mutual Recognition Directive. | ||
(16) A word or expression that is used in this section and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this section, as it has in that Directive.”. | ||
(2) The following section is inserted after section 95 of the Principal Act: | ||
“Mutual recognition — veterinary nurses. | ||
95A.— (1) The Council, on application to it in that behalf in writing by a person to whom subsection (2) applies, in accordance with regulations made under section 52(1) and on payment of the fee prescribed under section 33, shall register the person as a veterinary nurse. | ||
(2) This subsection applies to a veterinary nurse who comes within the scope of Article 10 of the Mutual Recognition Directive and who shows to the satisfaction of the Council that he or she— | ||
(a) has complied with Article 13 of the Mutual Recognition Directive, | ||
(b) is a citizen of the State or a relevant State, | ||
(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 nursing either under Part 7 or provisions corresponding to those contained in that Part that apply in another state by reason of— | ||
(i) a conviction for an offence, or | ||
(ii) serious misconduct, | ||
in connection with the carrying out of professional duties as a veterinary nurse. | ||
(3) Parts 1 and 2 of Schedule 3 apply to an application made under subsection (1). | ||
(4) Where a person who is legally established as a veterinary nurse in a relevant State and who— | ||
(a) wishes to provide services as a veterinary nurse within the limits and under the conditions laid down in Article 5 of the Mutual Recognition Directive, and | ||
(b) furnishes— | ||
(i) a prior declaration of his or her intention to provide services in accordance with Article 7 of the Mutual Recognition Directive in the manner prescribed, | ||
(ii) where the profession of veterinary nursing— | ||
(I) is regulated in the relevant State where the applicant is established, a certificate from the competent authority of that State, which confirms such establishment and that he or she is lawfully entitled to practise as a veterinary nurse in that State, or | ||
(II) is not regulated in the relevant State where he or she is established, proof that the person has practised the profession of veterinary nursing for not less than 2 years in the 10 year period immediately preceding the application, | ||
(iii) a copy of his or her qualification or 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 nurse, and | ||
(iv) proof of nationality, | ||
and the documents referred to in this paragraph are in order, | ||
the Council shall register that person as a veterinary nurse for a period not exceeding 12 months. | ||
(5) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (4), it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person continues to comply with paragraphs (a) and (b) of subsection (4). | ||
(6) Parts 1 and 3 of Schedule 3 apply to applications made under subsection (4). | ||
(7) If the Council decides that a person who applies to it for registration under subsection (1) or (4) 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. | ||
(8) A person who receives a notification under subsection (7) 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. | ||
(9) 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. | ||
(10) In this section— | ||
‘competent authority’, ‘Mutual Recognition Directive’, ‘relevant State’, and ‘third country’ have the meanings assigned to them, respectively, in section 43(15); | ||
‘home relevant State’ in relation to a veterinary nurse, 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 nurse. | ||
(11) A word or expression that is used in this section and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this section, as it has in that Directive.”. | ||
(3) The following Schedule is substituted for Schedule 3 (inserted by the Regulations of 2007) to the Principal Act: | ||
Sections 43 and 95A. | ||
“SCHEDULE 3 | ||
Mutual Recognition and Establishment of Services | ||
PART 1 | ||
Interpretation | ||
1. In this Schedule— | ||
‘application’ means an application for registration under section 43 or section 95A(1) or (4); | ||
‘competent authority’, ‘Mutual Recognition Directive’, ‘relevant State’, ‘third country’ and ‘veterinary practitioner’ have the meanings assigned to them, respectively, in section 43(15); | ||
‘home relevant State’ in relation to a veterinary practitioner or veterinary nurse, 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 or veterinary nurse, as the case may be. | ||
2. A word or expression that is used in this Schedule and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this Schedule, as it has in that Directive. | ||
PART 2 | ||
Provisions to apply to Applications under Mutual Recognition Requirements of the European Union | ||
1. The Council shall acknowledge the application as soon as possible and in any event within 1 month of receiving it and shall identify any required documentation which has not been provided by the applicant or by the competent authority in the relevant State. | ||
2. Subject to paragraphs 3 and 4, the Council shall determine the application as soon as possible, and in any event within— | ||
(a) 3 months after receiving all documents prescribed under section 52 or required, in the case of an application by a person referred to in section 43(2), and | ||
(b) 4 months after receiving all documents prescribed under section 52 or required, in the case of an application by a person referred to in section 43(4) or (6) or section 95A(1). | ||
3. The Council shall not consider evidence that does not comply with the second subparagraph of Article 21(1) of the Mutual Recognition Directive. | ||
4. The Council shall not consider, in relation to an application under section 43(2), (4) or (6) or section 95A(1), documentation from a competent authority in a relevant State which is more than 3 months old on the date such documentation is submitted to the Council for the purposes of section 43(3)(c) to (e), (5)(d) to (f) or (7)(c) to (e) or section 95A(2)(c) to (e). | ||
5. The Council, following determination of an application for recognition, may satisfy itself that an applicant has the necessary language skills in accordance with Article 53 of the Mutual Recognition Directive and where the Council, in exceptional cases, considers this to be necessary, it may require the applicant to undergo a language test. | ||
6. The Council may require the competent authorities of a relevant State to confirm or verify any of the matters referred to in Article 50(2) or (3) of the Mutual Recognition Directive. | ||
7. The Council shall ensure the confidentiality of any information issued or received under Article 50 of the Mutual Recognition Directive. | ||
8. Prior to registering an applicant in accordance with section 43(2), (4) or (6), the Council may require him or her to make a declaration that complies with Article 50(4) of the Mutual Recognition Directive. | ||
9. In the case of an application to which section 43(6) or section 95A(1) refers, the Council, where it considers it appropriate, may apply Article 14 of the Mutual Recognition Directive. | ||
10. A person registered under section 43(2), (4) or (6) or section 95A(1) shall use the professional title applicable to that profession on the same basis as a person trained in the State. | ||
11. The Council may register an applicant subject to a condition requiring him or her, when using any academic title in accordance with Article 54 of the Mutual Recognition Directive, being an academic title which is relevant to the application, to indicate by whom it was conferred or awarded. | ||
12. Where the Council is of opinion that the academic title to which any diploma, certificate, or other document on which an application is grounded is capable of being understood as indicating that a person entitled to use such title or qualification has pursued a programme of education other than that which he or she has in fact undergone, the Council may, in accordance with Article 54 of the Mutual Recognition Directive, make it a condition of registration that the person concerned shall use the title, qualification or status in a manner directed by the Council. | ||
13. Where a condition is attached by the Council under this Schedule and there is a failure by the person to whom the condition relates to comply with the condition, the Council, if it thinks fit, may— | ||
(a) direct that, during such period as shall be specified in the direction, his or her registration shall not have effect, or | ||
(b) remove his or her name from the Register. | ||
14. Where the Council is requested by a competent authority in another relevant State to furnish certification as to any matters referred to in Annex VII (1)(d) to the Mutual Recognition Directive and where such certification relates to its functions deriving from that Directive, it shall do so within 2 months of receiving the request. | ||
PART 3 | ||
Provisions to apply to Applications that Relate to Provision of Services | ||
1. Subject to paragraph 2, documents referred to in sections 43(9)(b) and 95A(4)(b) shall be furnished to the Council before the first day, as notified by the applicant to the Council, on which the applicant intends to provide such services. | ||
2. If the applicant cannot furnish the documents, referred to in section 43(9)(b) or 95A(4)(b), as the case may be, but he or she satisfies the Council that there are compelling reasons why he or she should commence providing services on the day as notified by the applicant, as being the first day on which he or she intends to provide such services, then the documents may be furnished to the Council within 15 days after that day. | ||
3. The Council, where it considers it appropriate to do so, may request from the competent authority in the relevant State concerned, information on the legality of the applicant’s establishment, his or her good conduct or confirmation of the absence of any disciplinary or criminal sanctions related to the practice of veterinary medicine as a veterinary practitioner or as a veterinary nurse. | ||
4. The Council, following determination of an application for recognition, may satisfy itself that an applicant has the necessary language skills in accordance with Article 53 of the Mutual Recognition Directive and where it, in exceptional cases, considers this to be necessary, it may require the applicant to undergo a language test. | ||
5. No fee shall be payable to the Council in respect of the application, and section 54, 58 or 97(2), as the case may be, shall not apply to the applicant during the period beginning on the day that his or her application is received and ending on the day that the Council decides whether or not to register the applicant. | ||
6. A person registered under section 43(9) shall, for the purposes of providing professional services in the State, use a professional title on the same basis as a person trained in the State. | ||
7. A person registered under section 95A(4) shall, for the purposes of providing professional services in the State— | ||
(a) use a professional title which is designated for a veterinary nurse by the competent authority in the relevant State where he or she is established, or | ||
(b) where no professional title is designated for a veterinary nurse in the relevant State where he or she is established, use the formal qualification which he or she holds. | ||
8. In the case of a person referred to in paragraph 7, the Council may, as a condition of registration, require the person to furnish recipients of his or her professional services with any relevant information referred to in Article 9 of the Mutual Recognition Directive. | ||
9. Where a document, referred to in Article 7(2)(b) of the Mutual Recognition Directive, is issued by the Council and the Council subsequently takes a decision in respect of the person concerned in accordance with section 80, 81, 82 or 84, the Council shall immediately so inform the competent authority of each relevant State. | ||
10. The Council shall participate in administrative co-operation with the competent authority in a relevant State in accordance with Articles 8(2) and 56(1) and (2) of the Mutual Recognition Directive.”. | ||
(4) The Regulations of 2007 are revoked. | ||
(5) In this section “Regulations of 2007” means European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007 ( S.I. No. 745 of 2007 ). | ||