Veterinary Practice Act 2005

F7 [ Mutual recognition veterinary practitioners.

43

43. (1) The Council, when exercising its functions under section 13(2)(d) and Part 6 , shall satisfy itself that Articles 21(6) and 38 of the Mutual Recognition Directive have been complied with by a provider of a programme of education in the State.

(2) The Council on application to it in that behalf in writing by a person to whom subsection (3) applies, in accordance with regulations under section 52(1) , and on payment to it of the fee prescribed under section 33 , shall register the person as a veterinary practitioner.

(3) This subsection applies to a person who shows to the satisfaction of the Council that he or she

( a ) holds a diploma, certificate or other evidence of formal qualification in veterinary medicine

(i) awarded in accordance with Article 21(1) of the Mutual Recognition Directive, or

(ii) referred to in Article 23(1), (2), (3), (4), (5) or (6) or Article 39 of the Mutual Recognition Directive where the certification required by those Articles has been given by the competent authority of the home relevant State,

( b ) is a citizen of the State or a relevant State,

( c ) is of good character and repute and is not an undischarged bankrupt,

( d ) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

( e ) is not prohibited from practising, or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(4) The Council, on application to it in that behalf in writing by a person to whom subsection (5) applies, in accordance with regulations under section 52(1) , and on payment to it of the fee prescribed under section 33 , shall register the person as a veterinary practitioner.

(5) This subsection applies to a person who shows to the satisfaction of the Council that he or she

( a ) holds a diploma, or certificate, or as regards whom there is evidence of formal qualification as, a veterinary practitioner granted by the competent authority of a third country where the diploma, certificate or other evidence had been recognised by a relevant State for the purpose of the practice of veterinary medicine in that State,

( b ) has a minimum of 3 years professional experience as a veterinary practitioner in the relevant State referred to in paragraph (a) ,

( c ) is a citizen of the State or a relevant State,

( d ) is of good character and repute and is not an undischarged bankrupt,

( e ) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

( f ) is not prohibited from practising, or suspended from the practice of, veterinary medicine, either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(6) The Council, on application to it in that behalf in writing by a person to whom subsection (7) applies, in accordance with regulations made under section 52(1) and on payment of the fee prescribed under section 33 , shall register the person as a veterinary practitioner.

(7) This subsection applies to a veterinary practitioner who comes within the scope of Article 10 of the Mutual Recognition Directive and who shows to the satisfaction of the Council that he or she

( a ) has complied with Article 13 of the Mutual Recognition Directive,

( b ) is a citizen of the State or a relevant State,

( c ) is of good character and repute and is not an undischarged bankrupt,

( d ) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

( e ) is not prohibited from practising, or suspended from the practice of, veterinary medicine either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary practitioner.

(8) Parts 1 and 2 of Schedule 3 apply to applications made under subsections (2) , (4) and (6) .

(9) Where a person who is legally established as a veterinary practitioner in a relevant State and who

( a ) wishes to provide veterinary services within the limits and under the conditions laid down in Article 5 of the Mutual Recognition Directive, and

( b ) furnishes

(i) a prior declaration of his or her intention to provide services in accordance with Article 7 of the Mutual Recognition Directive in the manner prescribed,

(ii) a certificate from the competent authority of the relevant State where the applicant is established, which confirms such establishment and that he or she is lawfully entitled to practise as a veterinary practitioner in that State,

(iii) a copy of his or her qualification or a statement from the competent authority of the home relevant State that the applicant holds a diploma, certificate or other evidence of formal qualifications as a veterinary practitioner, F8 [ ]

(iv) proof of nationality, F9 [ and ]

F9 [ (v) a declaration of his or her knowledge of the English language necessary for practising as a veterinary practitioner, ]

and the documents referred to in this paragraph are in order,

the Council shall register that person as a veterinary practitioner for a period not exceeding 12 months.

(10) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (9) , it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person complies with paragraphs (a) and (b) of subsection (9) .

(11) Parts 1 and 3 of Schedule 3 apply to applications made under subsections (9) and (10) .

(12) If the Council decides that a person who applies to it for registration under this section should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(13) A person who receives a notification under subsection (12) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(14) On the hearing of an appeal under this section, the High Court may make

( a ) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

( b ) an order remitting the application for registration with or without directions to the Council for reconsideration and the making of a new decision in relation to it, or

( c ) any other order that it considers appropriate.

(15) In this section

competent authority means

( a ) in relation to a relevant State, the authority designated in accordance with Article 56(3) of the Mutual Recognition Directive, and

( b ) in relation to the State, the Council;

home relevant State in relation to a veterinary practitioner, 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;

F10 [ Mutual Recognition Directive means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 2 , as amended by Council Directive 2006/100/EC of 20 November 2006 3 , Commission Regulation (EC) No. 1430/2007 of 5 December 2007 4 , Commission Regulation (EC) No. 755/2008 of 31 July 2008 5 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008 6 , Commission Regulation (EC) No. 279/2009 of 6 April 2009 7 , Commission Regulation (EU) No. 213/2011 of 3 March 2011 8 , the Act concerning the conditions of accession of the Republic of Croatia 9 , Commission Regulation (EU) No. 623/2012 of 11 July 2012 10 and Council Directive 2013/25/EU of 13 May 2013. ]

relevant State means

( a ) another Member State,

( b ) a state that is a contracting state to the EEA agreement (within the meaning of the European Communities (Amendment) Act 1993 ), or

( c ) the Swiss Confederation;

third country means a country that is not a relevant State or the State;

veterinary practitioner has the same meaning as veterinary surgeon in the Mutual Recognition Directive.

(16) A word or expression that is used in this section and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this section, as it has in that Directive. ]

Annotations:

Amendments:

F7

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 8(1), commenced on enactment.

F8

Deleted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(a)(i), S.I. No. 138 of 2016.

F9

Inserted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(a)(ii), (iii), S.I. No. 138 of 2016.

F10

Substituted (23.07.2014) by European Union (Veterinary Practice Act 2005) (Amendment) Regulations 2014 (S.I. No. 362 of 2014), reg. 2.

Editorial Notes:

E3

Previous affecting provision: section 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(a); substituted as per F-note above.

E4

Previous affecting provision: subs. (13) substituted (8.03.2007) by European Communities (Veterinary Practice Act 2005) (Amendment) Regulations 2007 (S.I. No. 117 of 2007), reg. 2; substituted as per E-note above.

10 OJ No. L180, 12.7.2012, p.9

2 OJ No. L 255, 30.09.2005, p. 22

3 OJ No. L 363, 20.12.2006, p. 141

4 OJ No. L 320, 6.12.2007, p. 3

5 OJ No.L 205,1.8.2008, p.10

6 OJ No.L 311, 21.11.2008, p.1

7 OJ No.L 93, 7.4.2009, p.11

8 OJ No.L59, 4.3.2011, p.4

9 OJ No.L112, 24.4.2012, p. 21