Veterinary Practice Act 2005

SCHEDULE 2

Council: Seal, Elections, Membership, Chair and Meetings

1. In this Schedule, except where the context otherwise requires, “member” means a member of the Council, including the President of the Council and Deputy President of the Council elected under paragraph 16.

Seal

2. The Council shall provide itself with a seal as soon as possible after it is established.

3. The seal of the Council shall be authenticated by the signature of—

( a) the President of the Council or another member of the Council authorised by it to act in that behalf, and

( b) the Registrar or another member of the staff of the Council authorised by it to act in that behalf.

4. Judicial notice shall be taken of the seal of the Council and every document purporting to be an instrument made by the Council and to be sealed with the seal of the Council (purporting to be authenticated in accordance with paragraph 3) shall be received in evidence and taken to be such instrument without proof unless the contrary is shown.

5. Any contract or instrument which would not require to be under seal if entered into or executed by a person not being a body corporate, may be entered into or executed on behalf of the Council by any person generally or specially authorised by the Council in that behalf.

Elections

6. If an election of persons to be nominated for appointment by the Minister under paragraph (h) or (i) of section 16(1) as members to the Council is contested—

( a) a poll shall be taken and each elector shall have the same number of votes as there are positions in relation to which such nominations can be made,

( b) an elector shall not cast more than one vote for any candidate.

7. Where, at an election referred to in paragraph 6, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be nominated for appointment.

Membership

8. A member (other than the President of the Council) may resign from office as a member at any time by notice in writing to the President of the Council and the resignation shall take effect on receipt of the notice by the President of the Council.

9. A registered person shall cease to be a member on his or her ceasing to be a registered person.

10. Any member of the Council who is absent from 3 consecutive meetings of the Council, but taking no account of any meeting held pursuant to paragraph 19, shall cease to be a member unless the absence was due to illness or was approved of by the Council.

11. Where a member of the Council resigns or otherwise ceases to be a member, the Council shall, as soon as practicable, notify the Minister of that fact.

12. (1) Subject to subparagraph 2, a member shall not be appointed to serve more than 2 consecutive terms of office.

(2) Any term of office as a first member of the Council, shall not be included for the purposes of subparagraph 1.

13. Where a casual vacancy occurs in the membership of the Council, the Council shall, as soon as practicable notify the Minister and the following shall apply—

( a) where a vacancy relates to a person who was appointed by virtue of paragraph (a), (b) or (c) of section 16(1) , the Minister shall appoint a person to be a member of the Council who is a person to whom the relevant paragraph relates,

( b) where the vacancy relates to a person who was appointed by virtue of paragraph (d), (e), (f) or (g) of section 16(1) , the Minister shall appoint a person to be a member of the Council who is a person duly nominated by the person or body concerned or, where no person is so nominated, the Minister shall appoint a person to be a member of the Council in accordance with section 17(2) ,

F53 [ ( 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. ]

14.  ( a) The Minister may at any time remove from office for stated reasons any member of the Council appointed under paragraph (a), (b) or (c) of section 16(1) .

( b) Where requested by the person, body or bodies which made the nomination under paragraph (d), (e), (f) or (g) of section 16(1) , the Minister may, where he or she considers it appropriate, remove from office any member of the Council appointed to which that nomination relates.

15. A vacancy arising by the death, resignation or removal from office of a member shall be filled by the appointment of an eligible person in accordance with this Act, to hold office for the unexpired period of the term of office of the person whose ceasing to be a member caused the vacancy.

President of Council and Deputy President of Council

16. (1) The Council shall elect from among its members—

( a) a chairperson, who shall be known as the President of the Veterinary Council of Ireland and in this Schedule is referred to as the “President of the Council”,

( b) a deputy chairperson, who shall be known as the Deputy President of the Veterinary Council of Ireland and in this Schedule is referred to as the “Deputy President of the Council”.

(2) Subject to section 19 , and this Schedule, the President of the Council and Deputy President of the Council shall each hold office for such term as may be specified by the Council at the time of his or her appointment, unless—

( a) he or she ceases to be, or becomes disqualified from being, a member,

( b) he or she resigns the office of President of the Council or Deputy President of the Council, or

( c) the Council by a resolution, of which not less than 7 days notice of the intention to propose is given to each member and for which not less than two-thirds of the members vote, removes the President of the Council or Deputy President of the Council as President or Deputy President, as the case may be.

(3)  ( a) The President of the Council or Deputy President of the Council may at any time resign from office as President or Deputy President, as the case may be, by notice in writing given to the Council and the resignation shall take effect—

(i) where such notice is given at a meeting upon the notice in writing being so given, and

(ii) in any other case, on the date of the meeting of the Council next held after the receipt by the Council of the notice.

( b) The Council shall, as soon as practicable, notify the Minister of a resignation to which this subparagraph relates.

(4) Where, at an election for the President of the Council or Deputy President of the Council, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be elected to the office concerned.

Meetings

17. (1) The Minister shall fix the date, time and place of the first meeting of the Council.

(2) The Council shall hold at least 4 meetings in each year and such and so many other meetings and at such times as the President of the Council may determine are necessary for the proper performance of its functions.

(3) If the Minister requests that the Council meet to consider a matter that, in the opinion of the Minister is of urgent public concern, it shall do so as soon as may be following the request.

F53 [ 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. ]

19. (1) The Registrar, or in his or her absence the President of the Council, shall convene a meeting of the Council when requested so to do by not less than 10 members.

(2) If the Registrar, or in his or her absence the President of the Council, refuses to convene a meeting of the Council under subparagraph (1) , any 5 members may convene a meeting of the Council as soon as practicable.

(3) If the Registrar, or in his or her absence the President of the Council, without refusing, does not, within 7 days after a request for that purpose has been made to him or her under subparagraph (1), convene a meeting of the Council, any 5 members may, on the expiration of that period, convene a meeting of the Council.

20. (1) At least 3 days before a meeting of the Council, notice of the time and place of the meeting shall be sent to each member of the Council signed—

( a) by the Registrar, President of the Council or Deputy President of the Council, or

( b) if the meeting is convened by members, by those members.

(2) If the meeting is convened by members, the notice convening the meeting shall specify the business to be transacted at that meeting.

21. At a meeting of the Council—

( a) if present, the President of the Council shall chair the meeting, or

( b) if and so long as the President of the Council is not present, or if the office is vacant, the Deputy President of the Council, if present, shall chair the meeting,

( c) in any other case the members present shall choose one of their number to chair the meeting.

22. Minutes of the proceedings of all meetings of the Council shall be drawn up and entered in a book kept for that purpose and such minutes shall be signed by the person chairing the next such meeting.

23. The names of all members present at a meeting of the Council shall be recorded in the minutes of the proceedings of the meeting.

24. Subject to paragraphs 16 and 18

( a) at a meeting of the Council every act of the Council and every question coming before the Council shall be determined by a majority of the votes of members (including the person chairing the meeting) present and voting in relation to the act or question, and

( b) in the case of an equal division of votes on any question arising at a meeting of the Council (other than the election of the President of the Council or Deputy President of the Council) the President of the Council or other person chairing the meeting shall have a second or casting vote.

25. Subject to paragraph 18, the Council may act notwithstanding one or more than one vacancy among its members or any deficiency in the appointment of a member which may subsequently be discovered.