Veterinary Practice Act 2005

F54 [ SCHEDULE 3

Mutual Recognition and Establishment of Services

Sections 43 and 95A.

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. ]

Annotations:

Amendments:

F54

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 8(3), commenced on enactment.

Editorial Notes:

E12

Previous affecting provision: schedule substituted (6.11.2007) by European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007 (S.I. No. 745 of 2007), reg. 3(c); substituted as per F-note above.