Veterinary Practice Act 2005

SCHEDULE 4

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

1. (1) In this Schedule, except where the context otherwise requires—

“member” means a member of the Committee, including the chairperson;

“Committee” means the Education Committee, Preliminary Investigation Committee or the Fitness to Practise Committee.

(2) Paragraphs 12 to 16 and paragraph 19 do not apply to the Preliminary Investigation Committee or the Fitness to Practise Committee.

Membership

2. (1) Subject to subparagraph (2), the Council may from time to time, remove from office, for stated reasons, a member including the chairperson.

(2) The chairperson of the Fitness to Practise Committee may only be removed from office by the Council with the prior consent in writing of the Minister.

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

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

5. Any member (including the chairperson) who is absent from 3 consecutive meetings of the Committee, but taking no account of any meeting held pursuant to paragraph 14, shall cease to be a member unless the absence was due to illness or was approved of by the Committee.

6. (1) Subject to sections 62(5) and 73(1), each member's term of office, unless the member dies, resigns or becomes disqualified, shall not exceed the term in office of the Committee concerned.

(2)  ( a) Subject to clause (b), a member shall not serve more than 2 consecutive terms of office.

( b) A term of office as a member of the first Committee shall not be included for the purposes of clause (a).

(3) The terms of office referred to in subparagraph (2) shall include any term of office as chairperson.

7. A member is to be taken to have vacated his or her office if the member—

( a) dies,

( b) is an undischarged bankrupt,

( c) makes a composition or arrangement with creditors,

( d) becomes mentally incapacitated,

( e) on conviction on indictment by a court of competent jurisdiction, is sentenced to a term of imprisonment,

( f) resigns the office under paragraph 3,

( g) ceases to be registered under Part 4 or 8, or

( h) is disqualified or restricted from being a director of a company.

Chairperson of Education Committee

8.  ( a) The Education Committee shall from time to time elect from among its members a chairperson.

( b) The Education Committee shall from time to time elect from among its members a deputy chairperson.

9. The chairperson and deputy chairperson elected under paragraph 8 shall each hold office for such term as may be specified by the Education Committee 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 chairperson or deputy chairperson, or

( c) the Committee 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 chairperson or deputy chairperson as chairperson or deputy chairperson.

10. Where, at an election of the chairperson or deputy chairperson of the Education Committee, 2 or more persons receive an equal number of votes, it shall be determined by lot which of those persons shall be chairperson or deputy chairperson.

Resignation of Chairperson of Education Committee or Fitness to Practise Committee

11. (1) The chairperson or deputy chairperson of the Education Committee or the Fitness to Practise Committee, may at any time resign from office as chairperson or deputy chairperson as the case may be, by notice in writing given to the Committee and the resignation shall take effect—

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

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

(2) Where the chairperson of the Fitness to Practise Committee gives notice under subparagraph (1), then—

( a) he or she shall give notice also to the Registrar, and

( b) shall cease to be a member of that Committee upon the notice taking effect.

(3) The Registrar shall, as soon as practicable, inform the Minister of the resignation of the chairperson of the Fitness to Practise Committee.

Meetings

12. (1) The Council shall fix the date, time and place of the first meeting of each new Committee.

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

13. The quorum for a meeting of the Committee shall be 4.

14. (1) The Registrar, or in his or her absence the chairperson, shall convene a meeting of the Committee when requested so to do by not less than 6 members.

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

(3) If the chairperson, 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 Committee, any 5 members may, on the expiration of that period, convene such a meeting.

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

( a) by the chairperson, 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.

16. At a meeting of the Committee—

( a) if present, the chairperson shall chair the meeting, or

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

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

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

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

19. Subject to paragraph 10 and 13

( a) at a meeting of the Education Committee every act of the Education Committee and every question coming before the Education Committee shall be determined by a majority of the votes of members (including the chairperson) 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 Education Committee (other than the election of the chairperson or deputy chairperson) the chairperson or other person presiding at that meeting shall have a second or casting vote.

20. Subject to paragraph 13, the Committee 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.

21. Subject to this Act, the Committee may from time to time make such standing orders as it thinks fit for the regulation of its proceedings and may amend or revoke such standing orders.