Veterinary Practice (Amendment) Act 2012

Miscellaneous amendments.

9.— The Principal Act is amended—

(a) in section 2(1)—

(i) by substituting for the definition of “Minister” the following:

“ ‘Minister’ means Minister for Agriculture, Food and the Marine;”,

and

(ii) by inserting after the definition of “functions” the following:

“ ‘limited registration’ in relation to—

(a) a veterinary practitioner, means registration under section 44, and

(b) a veterinary nurse, means registration under section 96B;”,

(b) by substituting for section 25(2) the following:

“(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.”,

(c) by substituting for section 27(3) the following:

“(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class A fine.”,

(d) in section 34(4)—

(i) in paragraph (a), by substituting “subsections (2), (4) and (6) of section 43” for “subsections (1) and (5) of section 43”, and

(ii) in paragraph (b), by substituting “section 43(9)” for “section 43(7)”,

(e) in section 34(5)(c), by substituting “section 43(9), or where appropriate under section 44,” for “section 43(7)”,

(f) in section 44—

(i) by inserting after subsection (1) the following:

“(1A) Registration of a person under subsection (1) may be for such period as decided by the Council.”,

and

(ii) in subsection (2), by substituting for paragraph (f) the following:

“(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 in force 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.”,

(g) in section 54—

(i) in subsection (1), by inserting “54A,” after “sections”, and

(ii) in subsection (3), by substituting “sections 54A and” for “section”,

(h) in section 57(1), by inserting at the beginning of that subsection:

“Subject to section 54A,”,

(i) in section 59(3), by inserting “54A or” after “section”,

(j) in section 60(1)—

(i) by inserting “54A,” after “54,”, and

(ii) by substituting for paragraph (a) the following:

“(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both,”,

(k) in section 76—

(i) in subsection (1), by inserting “or veterinary nursing” after “practise veterinary medicine”,

(ii) in paragraphs (a) and (b) of subsection (8), by substituting “4 months” for “2 months”,

(iii) in subsection (9), by substituting “4 months, and” for “2 months”, and

(iv) in subsection (10), by substituting for the definition of “professional misconduct” the following:

“ ‘professional misconduct’, in relation to a registered person, means any act, omission or pattern of conduct that—

(a) is connected with the practice of veterinary medicine or veterinary nursing and represents a serious falling short of the standard that could reasonably be expected of a registered person,

(b) is infamous or disgraceful in a professional respect (notwithstanding that, if the same or like act, omission or pattern of conduct were committed by a member of another profession it would not be professional misconduct in respect of that profession), or

(c) involves fraud or dishonesty of a nature or degree which bears on the carrying on of the profession of a registered person;”,

(l) by substituting for section 78(8)(b) the following:

“(b) Subject to subsection (9), a person who contravenes paragraph (a) is guilty of an offence and is liable on summary conviction to a class A fine.”,

(m) in section 78(10), by substituting for paragraph (b) the following:

“(b) In this subsection ‘under the care of a registered person’ has the same meaning as it has in Regulation 43 of the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007 ).”,

(n) in section 81(2), by substituting “subsections (2) to (4) and (6)” for “subsections (2) to (6)”,

(o) in section 91—

(i) in subsection (2)(a)—

(I) by substituting for subparagraph (ii) the following:

“(ii) induction, maintenance and termination of general anaesthesia, including performance of endotrachial intubation,”,

(II) in subparagraph (iv), by substituting “young;” for “young,”, and

(III) by deleting subparagraph (v),

(ii) in subsection (2)(b), by substituting for subparagraph (i) the following:

“(i) administration of medication enterically, intraosseously, or intravenously,”,

and

(iii) by substituting for subsection (3) the following:

“(3) In paragraphs (a)(iii) and (b)(iv) of subsection (2), ‘minor’ relates to a procedure or surgery that does not involve entry beneath the skin, mucosa or into the cornea.”,

(p) in section 95(2), by substituting for paragraph (e) the following:

“(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 in force 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.”,

(q) in section 97—

(i) in each of subsections (1) and (2), by inserting “54A,” after “sections”,

(ii) in subsection (4), by substituting “sections 54A and 55” for “section 55”, and

(iii) by substituting for subsection (6)(a) the following:

“(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both,”,

(r) in section 105, by substituting for the definition of “under the care of a registered practitioner” the following:

“ ‘under the care of a registered practitioner’ has the same meaning as it has in Regulation 43 of the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007 );”,

(s) by inserting after section 117 the following section:

“Non-application of Part 9 to registered persons acting on behalf of State, etc.

117A.— This Part does not apply to a registered person in so far as the registered person is acting, for the time being as an officer or employee of, or under contract to, or otherwise with the authorisation of, a Minister of the Government, a local authority or a body established by or under statute (other than a company established under the Companies Acts).”,

(t) by substituting for section 123(1) the following:

“(1) A person who commits an offence under section 106, 112, 118, 119 or 122 is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.”,

(u) by substituting for section 131 the following:

“Penalties for offences under Part 10.

131.— A person who commits an offence under section 128 is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.”,

(v) in section 134(2), by substituting “Companies Acts” for “Companies Acts 1963 to 2003”, and

(w) in Schedule 2—

(i) by substituting for subparagraph (c) of paragraph 13 the following:

“(c) where the vacancy relates to a person who was appointed by virtue of paragraph (h) or (i) of section 16(1), the Minister shall appoint a person nominated by the Council, being a person who under this Act would be eligible for election to fill such vacancy.”,

and

(ii) by substituting for paragraph 18 the following:

“18. The quorum for a meeting of the Council shall be—

(a) where there is no vacancy in its membership, 8 members,

(b) where there are not more than 2 vacancies in its membership, 7 members, and

(c) where there are more than 2 vacancies, such number of members as the Minister shall direct.”.