Veterinary Practice Act 2005

Registration of person who would not otherwise qualify for registration under sections 40 to 43.

44

44.—(1) The Council, on application to it in writing in that behalf by a person to whom subsection (2) 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.

F11 [ (1A) Registration of a person under subsection (1) may be for such period as decided by the Council. ]

(2) This subsection applies to a person who—

( a) does not qualify for registration under section 40, 41, 42 or 43,

( b) subject to subsection (8), has undergone programmes of training and education, passed examinations and obtained qualifications in veterinary medicine in a state outside of the State that, in the opinion of the Council, are of a standard that is not lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary medicine,

( c) shows to the satisfaction of the Council that he or she has sufficient linguistic skills for the purpose of the practice of veterinary medicine in the 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

F12 [ ( 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 in force 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. ]

(3) Registration of a person under this section may, if the Council decides that it is appropriate to do so, be subject to a condition that the practice of veterinary medicine by the person shall be supervised by a specified veterinary practitioner for a specified period of time after the person is registered.

(4) If the Council decides that a person who applies to it for registration under this section should not be so registered or, to impose a condition as respects supervision under subsection (3), 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.

(5) A person who receives a notification under subsection (4) 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.

(6) 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, or imposition of the condition as respects supervision concerned,

( b) an order remitting the application for registration or decision to impose the condition, 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.

(7) Nothing in this section shall prevent the Council from exercising its functions pursuant to section 13(2)(m).

(8) In order that the Council may be satisfied that the standard that applies to the programmes of education and training undergone, examinations passed and qualifications obtained is not of a standard that is lower than the standard of such programmes, examinations or qualifications that is necessary for the practice of veterinary medicine, it may require a person to whom subsection (2) applies, to sit and pass an examination set by or on behalf of the Council in that regard.

Annotations:

Amendments:

F11

Inserted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 9(f)(i), commenced on enactment.

F12

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 9(f)(ii), commenced on enactment.