Veterinary Practice Act 2005


Number 22 of 2005


VETERINARY PRACTICE ACT 2005

REVISED

Updated to 27 June 2017


This Revised Act is an administrative consolidation of Veterinary Practice Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, and all statutory instruments up to and including Veterinary Practice Act 2005 (Treatment by non-registered person) Regulations 2017 (S.I. No. 278 of 2017), made 27 June 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 2005


VETERINARY PRACTICE ACT 2005

REVISED

Updated to 27 June 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1995, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Horse Racing Ireland Act 2016 (2/2016)

Freedom of Information Act 2014 (30/2014)

Animal Health and Welfare Act 2013 (15/2013)

Ombudsman (Amendment) Act 2012 (38/2012)

Veterinary Practice (Amendment) Act 2012 (25/2012)

Consumer Protection Act 2007 (19/2007)

All Acts up to and including Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Veterinary Practice Act 2005 (Treatment by non-registered person) Regulations 2017 (S.I. No. 278 of 2017)

European Union (Veterinary Practice Act 2005) (Amendment) Regulations 2014 (S.I. No. 362 of 2014)

Animal Health and Welfare (Operations and Procedures) (No. 2) Regulations 2014 (S.I. No. 127 of 2014)

Animal Health and Welfare (Revocation) Regulations 2014 (S.I. No. 126 of 2014)

Animal Health and Welfare (Operations and Procedures) Regulations 2014 (S.I. No. 123 of 2014)

European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007 (S.I. No. 745 of 2007)

European Communities (Veterinary Practice Act 2005) (Amendment) Regulations 2007 (S.I. No. 117 of 2007)

Veterinary Practice Act 2005 (Prescribed Places and Events) Regulations 2006 (S.I. No. 611 of 2006)

Veterinary Practice Act 2005 (Establishment Day) Order 2005 (S.I. No. 598 of 2005)

All statutory instruments up to and including Veterinary Practice Act 2005 (Treatment by non-registered person) Regulations 2017 (S.I. No. 278 of 2017), made 27 June 2017, were considered in the preparation of this revision.


Number 22 of 2005


VETERINARY PRACTICE ACT 2005

REVISED

Updated to 27 June 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Establishment day.

4.

Repeals.

PART 2

Former Council

5.

Interpretation ( Part 2).

6.

Dissolution of former Council.

7.

References to former Council.

8.

Staff of Council.

9.

Rights and liabilities of former Council.

10.

Final accounts of former Council.

PART 3

Veterinary Council of Ireland

11.

Establishment of Veterinary Council of Ireland.

12.

Procedure of Council.

13.

Functions of Council.

14.

Conferral of additional functions on Council.

15.

Ministerial directions to Council.

16.

Appointment of members of Council.

17.

Nomination and appointment of certain members of Council.

18.

Election.

19.

Term of office of members of Council.

20.

Establishment of committees.

21.

Expenses of Council and members of Council, etc.

22.

Removal of members of Council from office.

23.

Registrar.

24.

Staff of Council.

25.

Disclosure of information.

26.

Disclosure of interest by member of Council or committee.

27.

Disclosure of interest by member of staff of Council.

28.

Effect of membership of a House of the Oireachtas or European Parliament.

29.

Accounts and audits.

30.

Annual report and information.

31.

Borrowing by Council.

32.

Gifts.

33.

Fees.

PART 4

Registration

34.

Establishment of Register of Veterinary Practitioners.

35.

General matters relating to registration.

36.

Transitional provisions relating to Register.

37.

Publication of Register.

38.

Evidence of Register.

39.

Granting of titles.

40.

Persons registered in former Register.

41.

Persons entitled to be registered in former Register.

42.

Persons trained in the State.

43.

Mutual recognition — veterinary practitioners.

44.

Registration of person who would not otherwise qualify for registration under sections 40 to 43.

45.

Limited registration.

46.

Registration of veterinary specialists.

47.

Persons entitled to be registered as veterinary specialists.

48.

Removal of name from Register as veterinary specialist.

49.

Application for removal of name from relevant register.

50.

Registration of additional qualifications.

51.

Correction of registers.

52.

Regulations under Part 4.

PART 5

Practice of Veterinary Medicine

53.

Definition of the practice of veterinary medicine.

54.

Offences in relation to practice of veterinary medicine or use of title.

54A.

Power of Minister to prescribe procedures that may be carried out by non-registered persons.

54B.

Considerations applicable to exercise of power conferred by section 54A.

54C.

Offences — regulations under section 54A.

55.

Emergency and exceptions to section 54.

56.

Registered persons not to use incorrect title.

57.

Offence for a registered person to employ a non-registered person.

58.

Recovery of fees.

59.

Regulations to provide for practice of veterinary medicine by non-registered persons.

59A.

Indemnity insurance.

60.

Penalties for offences under Part 5.

PART 6

Veterinary Education and Training

61.

Interpretation ( Part 6).

62.

Education Committee.

63.

Functions of Education Committee.

64.

Approval of programme of education.

65.

Prescription of educational qualifications for registration.

66.

Regulations in relation to programmes of further education.

67.

Persons in programmes of education and programmes of further education.

68.

Disclosure of information or interests.

PART 7

Fitness to Practise

69.

Interpretation ( Part 7).

70.

Preliminary Investigation Committee.

71.

Fitness to Practise Committee.

72.

Appointment to Preliminary Investigation Committee or Fitness to Practise Committee.

73.

Terms of appointment of Preliminary Investigation Committee and Fitness to Practise Committee.

74.

Fitness to Practise — transitional.

75.

Council may investigate fitness to practise.

76.

Consideration of an application for an inquiry.

77.

Decision of Preliminary Investigation Committee and Council as regards application for inquiry.

78.

Inquiry by Fitness to Practise Committee.

79.

Report of Fitness to Practise Committee.

80.

Removal or suspension from relevant register or conditions attaching to registration.

81.

Function of Council to advise, warn or censure.

82.

Contribution by registered person.

83.

Restoration to relevant register.

84.

Person convicted of offence triable on indictment.

85.

Privilege in respect of certain matters.

86.

Notification to Minister of name removed or restored, etc., from relevant register.

87.

Personal interest of member of Preliminary Investigation Committee or Fitness to Practise Committee.

88.

Members of Preliminary Investigation Committee and Fitness to Practise Committee not to exercise certain functions.

89.

Report of activities of Fitness to Practise Committee to be included in annual report.

PART 8

Veterinary Nurses

90.

Interpretation ( Part 8).

91.

Veterinary nursing.

92.

Prescribing procedures to which section 91(2) applies.

93.

Establishment of Register of Veterinary Nurses.

94.

General matters relating to registration of veterinary nurses.

95.

Registration as veterinary nurse.

95A.

Mutual recognition — veterinary nurses.

96.

Provisional registration as veterinary nurse.

96A.

Registration of persons who would not otherwise qualify for registration under section 95 or 96.

96B.

Limited registration — veterinary nurses.

97.

Offences in relation to practice of veterinary nursing or use of title.

98.

Establishment of Board.

99.

Procedure of Board.

100.

Functions of Board.

101.

Transitional arrangements in relation to functions of Board.

102.

Regulations in respect of Board.

103.

Conferral of additional functions on Board.

104.

Ministerial directions to Board.

PART 9

Veterinary Premises

105.

Interpretation ( Part 9).

106.

Where practice of veterinary medicine may occur.

107.

Regulations in respect of places and events.

108.

Regulations in respect of veterinary premises.

109.

Certificate of suitability.

110.

Application for issue of certificate of suitability.

111.

Regulations in relation to certificates of suitability.

112.

Determination of application for certificate of suitability.

113.

Decision to refuse a certificate of suitability or apply conditions.

114.

Revocation or suspension of certificate of suitability.

115.

Liability.

116.

Transitional.

117.

Inspection of veterinary premises.

117A.

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

118.

False statement.

119.

Forged certificate of suitability.

120.

Register of certificates of suitability.

121.

Certificate of suitability not transferable.

122.

Obligation to display extract from the register of certificates of suitability.

123.

Penalties for offences under Part 9.

PART 10

Investigations by Council

124.

Appointment of authorised officers of Council.

125.

Functions of authorised officers.

126.

Power to inspect premises for the purposes of section 125(a) or (c).

126A.

Search warrants.

127.

Power to inspect premises for the purpose of section 125(c). (repealed)

128.

Offences under Part 10.

129.

Indemnification of authorised officers, etc.

130.

Functions of Council on receipt of report of investigation by authorised officer.

131.

Penalties for offences under Part 10.

PART 11

Miscellaneous

132.

Adaptation of certain references.

133.

Regulations.

134.

Service of documents, etc.

135.

Summary proceedings.

136.

Offence by body corporate.

137.

Expenses of Minister.

SCHEDULE 1

PART 1

Acts Repealed

PART 2

Enactments Revoked

SCHEDULE 2

Council: Seal, Elections, Membership, Chair and Meetings

SCHEDULE 3

Mutual Recognition and Establishment of Services

PART 1

Interpretation

PART 2

Provisions to Apply to Applications under Mutual Recognition Requirements of the European Union

PART 3

Provisions to Apply to Applications that Relate to Establishment of Services

SCHEDULE 4

Education Committee, Preliminary Investigation Committee and Fitness to Practise Committee:— Membership, Chair and Meetings

Acts Referred to

Animal Remedies Act 1993

1993, No. 23

Companies Acts 1963 to 2003

Diseases of Animals Act 1966

1966, No. 6

European Communities Act 1972

1972, No. 27

European Communities (Amendment) Act 1993

1993, No. 25

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Local Government Act 2001

2001, No. 37

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c.93

Solicitors Act 1954

1954, No. 36

Veterinary Surgeons Act 1931

1931, No. 36

Veterinary Surgeons Act 1952

1952, No. 18

Veterinary Surgeons Act 1960

1960, No. 34

Veterinary Surgeons Acts 1931 to 1960


Number 22 of 2005


VETERINARY PRACTICE ACT 2005

REVISED

Updated to 27 June 2017


AN ACT TO ESTABLISH A BODY KNOWN AS COMHAIRLE TRÉIDLIANNA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY COUNCIL OF IRELAND TO REGULATE AND MANAGE THE VETERINARY PROFESSIONS AND TO PROVIDE FOR ITS OTHER FUNCTIONS, TO PROVIDE FOR ESTABLISHMENT OF A BODY KNOWN AS BORD ALTRAÍ TRÉIDLIACHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY NURSES BOARD OF IRELAND, TO DISSOLVE THE VETERINARY COUNCIL ESTABLISHED UNDER THE VETERINARY SURGEONS ACT 1931, TO REPEAL THE VETERINARY SURGEONS ACTS 1931 TO 1960 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[12 th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act potentially restricted (6.03.2014) by Animal Health and Welfare Act 2013 (15/2013), s. 16(5), S.I. No. 106 of 2014.

Prohibited operations and procedures.

16.— ...

(5) Nothing in the Veterinary Practice Act 2005 renders lawful anything done in contravention of animal health and welfare regulations.

Editorial Notes:

E1

The Veterinary Council of Ireland is not a reviewable agency in relation to certain functions as provided by Ombudsman Act 1980 (26/1980), s. 4 and schedule part II para. (t) as substituted (30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 16 and sch. part 1, commenced 6 months after enactment as per s. 1(3).