Veterinary Practice Act 2005

Regulations in respect of Board.

102

102.—(1) Where the Minister proposes to make or has made an order under section 98 , he or she shall by regulations, provide for the following matters in respect of the Board:

( a) the appointment of its members by the Minister;

( b) the number of its members, which shall be at least 12 and not more than 15;

( c) its composition, which shall include—

(i) at least 4 persons who are appointed by the Minister whom he or she considers to be representative of those who have qualifications and experience in relation to—

(I) animal welfare,

(II) training and education in veterinary nursing,

(III) food safety,

(IV) consumer matters,

whom the Minister considers would be of value to that Board in the performance of its functions,

(ii) at least 3 persons nominated by the Council for appointment of whom one person shall be a member of the Council and one person shall be registered or eligible to be registered under Part 4,

(iii) at least 5 persons who are registered veterinary nurses who are chosen for such appointment in accordance with rules made under subsection (4);

( d) the appointment by the Minister of 5 persons whom he or she considers representative of the persons eligible to be elected members of the Board pending the holding of elections under rules made by the Board pursuant to subsection (4) ;

( e) the appointment to the Board by the Minister of those persons elected pursuant to rules made under subsection (4) and the cessation from membership of the Board of those persons appointed to the Board for the purposes of paragraph (d);

( f) the seal, elections, membership, president, and meetings of the Board in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 2;

( g) the staff of the Board, including its Registrar, and all matters affecting staff, disclosure of information, disclosure of interests, membership of a House of the Oireachtas or the European Parliament;

( h) the functions of the Board's Registrar;

( i) the accounts and audits of the accounts of the Board;

( j) gifts to the Board;

( k) the expenses of the Board and the Minister.

(2) Regulations made under subsection (1) shall provide for the following matters that are consequential or supplemental to the exercise of the functions transferred to the Board:

( a) the number and composition of committees to exercise a function as respects fitness to practise (including preliminary investigation), in relation to which the Minister shall provide—

(i) that members of any such committee, other than the chairperson, are members of the Board,

(ii) that other than the chairperson, any such committee shall consist of an equal number of registered persons and non-registered persons,

(iii) that the chairperson of any such committee that performs functions corresponding to those of the Fitness to Practise Committee shall not be a member of the Board and shall be appointed in the same manner as the chairperson of the Fitness to Practise Committee is appointed under section 71 ,

(iv) for the membership, chairperson and meetings of the committees in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

( b) the number and composition of a committee to exercise a function as respects education and training, in relation to which the Minister shall provide—

(i) that the exercise of its functions shall be subject to consultation with the Council,

(ii) that only members of the Board shall be members of the committee,

(iii) that the committee shall consist of an equal number of registered persons and non-registered persons,

(iv) for the membership, chairperson and meetings of the committee in a manner that corresponds, as appropriate, to those matters as provided for in respect of the Council under Schedule 4;

( c) if appropriate, transfer of documentation and information acquired by authorised officers following on inspections under Part 9, or investigations under Part 10;

( d) if appropriate, the transfer of matters relating to the administration of the affairs of the Council, from the Council to the Board;

( e) the establishment of committees, other than those referred to in paragraphs (a) and (b), by the Board to perform the functions of the Board;

( f) if appropriate, prescribing fees in relation to performance by the Board of its functions or provision of services by it before the Board makes regulations under section 33 ;

( g) any other such matters as the Minister considers appropriate.

(3) Regulations made under subsection (1) may provide for procedures for the nomination and election of the first members to be appointed to the Board and, for the purposes of facilitating the appointment of the first members, may provide for such nomination or election by the persons concerned before the Minister makes the Order under section 98 .

(4)  ( a) The Board shall make rules for the purpose of—

(i) the election of persons for appointment by the Minister as members of the Board, pursuant to regulations made under subsection (1) for the purposes of paragraphs (a) and (c)(iii) of that subsection,

(ii) where appropriate, the election of a person for appointment by the Minister as a member of the Council pursuant to section 16(1)(i) .

( b) The elections referred to in paragraph (a) shall be held on a ballot and in a manner provided for by the rules.

( c) Rules made under paragraph (a) may provide for such incidental supplementary and consequential provisions as the Board considers necessary or expedient.

( d) Without prejudice to the generality of paragraphs (a) and (c), rules may make provision in relation to—

(i) returning officers,

(ii) ballot papers,

(iii) date of election,

(iv) any other matter that, in the opinion of the Board, is required for the purposes of the election of persons for appointment as members of the Board, or where appropriate, a member of the Council.