S.I. No. 279/2022 - Veterinary Council of Ireland (Fees) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th June, 2022.

ARRANGEMENT OF REGULATIONS

CONTENTS

1. Citation.

2. Commencement.

3. Interpretation.

4. Setting of fees.

5. Non-refundable nature of certain fees and discretions available to the Council in respect of other fees.

6. Revocation of Veterinary Surgeons (Annual Fees) Order 1997.

SCHEDULE

FEES PAYABLE IN RESPECT OF THE COUNCIL’S PERFORMANCE OF FUNCTIONS, PROVISION OF SERVICES AND CARRYING ON OF ACTIVITIES

The Veterinary Council of Ireland, in exercise of the powers conferred on it by section 33 and section 133 of the Veterinary Practice Act 2005 (No. 22 of 2005)(as amended), hereby makes the following regulations:-

Part 1

Preliminary

Citation

1. These regulations may be cited as the Veterinary Council of Ireland (Fees) Regulations 2022.

Commencement

2. These regulations shall come into force on the 1^st July 2022.

Interpretation

3. In these regulations—

“Act” means the Veterinary Practice Act 2005 (No. 22 of 2005), as amended;

“additional qualification” has the meaning assigned to it by section 50(4) of the Act;

“annual retention fee” means the annual fee payable by a registered person for the retention of his or her name in the register or the register of veterinary nurses;

“certificate of registration” means a certificate of registration which is for the time being in force and which has been issued under section 35 of the Act;

“certificate of suitability” shall be construed in accordance with section 109 of the Act;

“continuing veterinary education regulation(s)(veterinary practitioner)” means the Veterinary Council of Ireland Continuing Veterinary Education for Veterinary Practitioners Regulations 2020 as may be amended or replaced from time to time;

“continuing veterinary education regulation(s) (veterinary nurse)” means the Veterinary Council of Ireland Continuing Veterinary Education for Veterinary Nurse Regulations 2020 as may be amended or replaced from time to time;

“Council” means the Veterinary Council of Ireland established under section 11 of the Act;

“change in classification of a veterinary premises” shall be construed in accordance with section 108 of the Act and the premises accreditation regulations;

“competent authority” means –

(a) in the State, the Council designated as competent authority for the professions of veterinary practitioner and veterinary nurse under regulation 5 of S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017, or

(b) in another Member State, any authority or body empowered by that Member State specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in the Directive;

“Directive”, as defined in S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017, means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051, as amended by Council Directive 2006/100/EC of 20 November 2006, Commission Regulation (EC) No. 1430/2007 of 5 December 2007, Commission Regulation (EC) No. 755/2008 of 31 July 2008, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008, Commission Regulation (EC) No. 279/2009 of 6 April 2009, Commission Regulation (EU) No. 213/2011 of 3 March 2011, Act concerning the accession of the Republic of Croatia, Commission Regulation (EU) No. 623/2012 of 11 July 2012, Council Directive 2013/25/EU of 13 May 2013, Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 and Commission Delegated Decision (EU) 2016/790 of 13 January 2016;

“extract from the register” has the meaning assigned to it in section 37(4) of the Act;

“letter of current professional status” means a letter issued by the Council to a registered person certifying his or her registration status with the Council;

“limited registration” shall be construed in accordance with section 45 or section 96B of the Act as the case may be;

“premises accreditation regulations” means the Veterinary Council of Ireland (Premises Accreditation) Regulations 2017, as may be amended or replaced from time to time;

“provision of services certificate” is a certificate issued to a practitioner registered in Part B of the register or Part C of the register of veterinary nurses certifying that the registered person is registered to provide services in the State on a temporary and occasional basis;

“register” and “register of veterinary nurses” mean the respective registers established under section 34 and section 93 of the Act;

“register of certificates of suitability” shall be construed in accordance with section 120 of the Act;

“registered person” means –

(a) except in Part 7, a person registered under Part 4 or 8 of the Act, and

(b) in Part 7, a person registered within the meaning given to it in section 69;

“Registrar” means the chief executive officer of the Council appointed under section 23 of the Act;

“registration regulations (veterinary practitioner)” means the Veterinary Council of Ireland (Recognition of Qualifications and Registration) (Veterinary Practitioner) Regulations [insert] as may be amended or replaced from time to time;

“registration regulations (veterinary nurse)” means the Veterinary Council of Ireland (Recognition of Qualifications and Registration) (Veterinary Nurse) Regulations [insert]as may be amended or replaced from time to time;

“right of establishment certificate” means a certificate issued by the Council as the competent authority under the Directive in the State certifying that a registered person is established in the State and that he or she is lawfully entitled to practise as a veterinary practitioner or veterinary nurse as the case may be;

“veterinary nurse” means a person registered under Part 8 of the Act;

“veterinary practitioner” means a person registered under Part 4 of the Act;

“veterinary premises” shall be construed in accordance with section 105 of the Act;

“veterinary specialist” shall be construed in accordance with section 47 of the Act;

“year of graduation” means the year in which a person is awarded the required third level qualifications in order to practice veterinary medicine or veterinary nursing as the case may be.

Part 2

Fees

Setting of fees

4. The fees payable to the Council for the various purposes referred to in the Act, shall be the amounts indicated in Column 3 of the Schedule opposite the description of the fee in Column 2 of the said Schedule.

Non-refundable nature of certain fees and discretions available to the Council in respect of other fees

5. (1) Any fee paid under these regulations in connection with a valid application for registration to the register or the register of veterinary nurses, or for retention of a registered person’s name on the register or the register of veterinary nurses shall be non-refundable.

(2) Except in the case of those fees referred to in paragraph (1), the Council may, in circumstances where it considers it appropriate to do so, waive, remit or refund, either in whole or in part, any other fee that would otherwise be payable to it under these regulations.

(3) Where a fee is payable in respect of any matter prescribed by these regulations, the Council, Registrar or any other member of the staff of the Council may refuse to do any act, or permit any act to be done, or to receive any document in respect of which that fee is payable unless the fee is paid.

(4) The retention of a registered person’s name on the relevant Part(s) of the register shall be for the calendar year (01 January to 31 December) for which he or she has applied.

(5) The Council shall make provision for the payment of such other fees in accordance with section 33 as shall appear appropriate to the Council.

Revocations

6. The Veterinary Surgeons (Annual Fees) Order 1997 ( S.I. No. 131 of 1997 ) is hereby revoked.

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GIVEN under the Official Seal of the Veterinary Council of Ireland,

9 June, 2022.

VIVIENNE DUGGAN,

President.

NIAMH MULDOON,

Registrar.

SCHEDULE

FEES PAYABLE IN RESPECT OF COUNCIL’S PERFORMANCE OF FUNCTIONS, PROVISION OF SERVICES AND CARRYING ON OF ACTIVITIES UNDER THE ACT

COLUMN 1	COLUMN 2	COLUMN 1
Paragraph	Description of fee	Amount of fee
Fees in respect of applications for registration, annual retention in the Register and entry of additional qualifications.
1.	Fee payable under section 42(1), section 43(2),(4) and (6), section 44(1) or section 45(1) of the Act in a given year in connection with an application by a person for first registration as a veterinary practitioner.	01/01-31/03	€620.00
		01/04-30/06	€495.00
		01/07-30/09	€370.00
		01/10-31/12	€240.00
2.	Fee payable under section 42(1), section 43(2),(4) and (6), section 44(1) or section 45(1) in connection with an application by a person for first registration as a veterinary practitioner where the application is made in the person’s year of graduation.	€250.00
3.	Fee payable under section 47(1) in connection with an application by a person for registration as a veterinary specialist.	€150.00
4.	Fee payable under section 33(2)(b), being the annual retention fee payable in a given year for the retention of a veterinary practitioner’s name on the register.	€505.00
5.	Late payment fee payable under section 33(2)(b) in respect of an annual retention application received on or after 01 January in the relevant year.	20% of the annual retention fee prescribed
Fees in respect of applications for restoration in the register
6.	Fee payable under section 33(2)(c), being the fee payable in a given year in connection with an application by a person to restore his or her name to the register, save where the application is for restoration following removal from the register under section 33(4).	01/01-31/03	€555.00
		01/04-30/06	€430.00
		01/07-30/09	€305.00
		01/10-31/12	€180.00
7.	Fee payable under section 33(2)(c), being the fee payable in a given year in connection with an application by a veterinary practitioner to restore his or her name to the register following removal from the register under section 33(4).	€1010
Fees in respect of applications for registration, annual retention in the register of veterinary nurses and entry of additional qualifications.
8.	Fee payable under section 95(1), section 95(7) section 95A(1), section 96A(1) or section 96(B)(1) of the Act in a given year in connection with an application by a person for first registration as a veterinary nurse.	01/01-31/03	€340.00
		01/04-30/06	€285.00
		01/07-30/09	€230.00
		01/10-31/12	€170.00
9.	Fee payable under section 95(1),section 95(7), section 95A(1), section 96A(1) or section 96(B)(1) in connection with an application by a person for first registration as a veterinary nurse where the application is made in the person’s year of graduation.	€150.00
10.	Fee payable under Section 33(2)(b) of the Act being the annual retention fee payable in a given year for the retention of a veterinary nurse’s name on the register of veterinary nurses.	€225.00
11.	Late payment fee payable under section 33(2)(b) in respect of an annual retention application received on or after 01 January in the relevant year.	20% of the annual retention fee prescribed
Fees in respect of applications for restoration in the register of veterinary nurses
12.	Fee payable under section 33(2)(c), being the fee payable in a given year in connection with an application by a person to restore his or her name to the register of veterinary nurses, save where the application is for restoration following removal from the register of veterinary nurses under section 33(4).	01/01-31/03	€275.00
		01/04-30/06	€220.00
		01/07-30/09	€165.00
		01/10-31/12	€105.00
13.	Fee payable under section 33(2)(c), being the fee payable in a given year in connection with an application by a veterinary nurse to restore his or her name to the register following removal from the register of veterinary nurses under section 33(4).	€450.00
Fees in respect of the issue of letters of current professional status
13.	Fee payable under section 33(2)(f) in connection with the giving to a registered person of a replacement certificate of registration in the register or register of veterinary nurses.	€50.00
14.	Fee payable under section 33(2)(h) in connection with the giving to a registered person of a provision of services certificate.	€100.00
15.	Fee payable under section 33(2)(h) in connection with the giving to a registered person of a right of establishment certificate.	€50.00
16.	Fee payable under section 33(2)(h) in connection with the giving to a registered person of a letter of current professional status.	€50.00
Fees in respect of applications for certificates of suitability
17.	Fee payable under section 33(2)(g) of the Act, being the fee payable in a given year of a four year cycle in connection with an application by a registered person for the grant of a certificate of suitability.	Year 1	€1250.00
		Year 2	€1050.00
		Year 3	€850.00
		Year 4	€650.00
18.	Fee payable under section 33(2)(h), being the fee payable by a registered person for the issue of a replacement certificate of suitability.	€100.00
19.	Fee payable under section 33(2)(h), being the fee payable by a registered person upon the change in classification of a veterinary premises.	€400.00
20.	Fee payable under section 33(2)(h), being the fee payable by a registered person upon the requirement for a re-inspection of a veterinary premises.	€320.00
Fees in respect of inspection of registers and obtaining copies of extracts from registers
21.	Fee payable under section 37(2)(b) of the Act, being the fee payable in connection with the provision to a registered person of a certified or uncertified copy of or extract from an entry in the register.	€200.00
22.	Fee payable under section 37(2)(b) of the Act, being the fee payable in connection with the provision to any person other than a registered person of a certified or uncertified copy of or extract from an entry in the register.	€200.00
23.	Fee payable under section 94(3) of the Act, being the fee payable in connection with the provision to a registered person of a certified or uncertified copy of or extract from an entry in the register of veterinary nurses.	€200.00
24.	Fee payable under section 94(3) of the Act, being the fee payable in connection with the provision to a person other than a registered person of a certified or uncertified copy of or extract from an entry in the register of veterinary nurses.	€200.00
25.	Fee payable under section 33(2)(h) being the fee payable in connection with the provision under section 120(4) to a registered person of a certified or uncertified copy of or extract from an entry in the registers of certificates of suitability.	€200.00
26.	Fee payable under section 33(2)(h), being the fee payable in connection with the provision under section 20(4) to any person other than a registered person of a certified or uncertified copy of or extract from an entry in the registers of certificates of suitability.	€200.00
Fees in respect of veterinary education
27.	Fee payable under section 64 being the fee payable in the connection with the approval of a programme of further education.	€150.00
28.	Fee payable for an application made under section 44(2)(b) being the fee payable in connection with the assessment of a qualification in veterinary medicine.	€500.00
29.	Fee payable for an application made under section 96A(2)(b) being the fee payable in connection with the assessment of a qualification in veterinary nursing.	€150.00

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations set out the fees payable to the Council for the various purposes referred to in the Act, the fees shall be the amounts indicated in Column 3 of the Schedule opposite the description of the fee in Column 2 of the said Schedule.

These regulations may be cited as the Veterinary Council of Ireland (Fees) Regulations 2022.

These regulations come into operation on the 1^st July 2022.