Veterinary Practice Act 2005

Decision to refuse a certificate of suitability or apply conditions.

113

113.—(1) In relation to an application for a grant or a renewal of a grant of a certificate of suitability, where the Council proposes—

( a) to grant or renew it subject to conditions, or

( b) to refuse to grant or renew it,

the Council shall notify the applicant in writing at his or her address as stated in the Register or the Register of Veterinary Nurses, as the case may be, of the proposal and the reasons for it.

(2) The notification under subsection (1) shall state that the applicant concerned may make representations to the Council in relation to the proposal not later than 21 days after the notification.

(3) If, after the expiration of 21 days from the notification under subsection (1), and having considered any representations made to it under subsection (2), the Council decides to grant or renew the certificate of suitability subject to conditions or to refuse to grant or renew it, with or without taking account of those representations, it shall notify the applicant in writing, at the address referred to in subsection (1) of its decision, and the Council may so grant or renew the certificate of suitability subject to such conditions or refuse to so grant or renew it.

(4) A registered person who receives a notification under subsection (3) may appeal to the District Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(5) On the hearing of an appeal by the registered person to whom the decision relates, the District Court may—

( a) make an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (3) ,

( b) make an order remitting the decision of the Council in relation to matters referred to in subsection (3) with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to the matter, or

( c) make any other order that it considers appropriate.

(6)  ( a) Where no appeal is made under subsection (4), the decision of the Council shall take effect after the expiry of the period referred to in that subsection.

( b) Where an appeal is made under subsection (4), the decision of the Council shall stand suspended until the appeal is determined or withdrawn.

(7) The decision of the District Court on an application under this section and section 114 , shall be final save that, by leave of the Court or the High Court, an appeal by the Council or the applicant registered person concerned, from the decision, shall lie to the High Court on a question of law.

(8) The jurisdiction conferred on the District Court by this section and section 114 , shall be exercised by the judge of the District Court for the time being assigned to the District where the registered person to whom the decision relates ordinarily resides or carries on any profession, business or occupation.