Veterinary Practice Act 2005

Prescription of educational qualifications for registration.

65

65.—(1) The Council shall from time to time, prescribe the educational qualifications required to be obtained by a person before he or she is registered under Part 4 or 8.

(2) Before prescribing educational qualifications under subsection (1), the Council shall consider any relevant report and recommendations furnished to it by the Education Committee under section 63.

(3) The educational qualifications prescribed under subsection (1) shall include the qualifications awarded on completion of an approved programme of education.

(4) The Council shall by regulations, if so directed by the Minister, amend in such manner as the direction may specify, or revoke any regulations made under this section including this subsection.

(5)  ( a) Where the Council proposes to make regulations that the Council considers will improve the standards of veterinary education and is of opinion that the regulations would affect a provider of education, it shall notify the provider in writing of the proposal, the reasons for it, and of the relevant provisions of the proposed regulations.

( b) The notification under paragraph (a), shall state that the provider concerned may make representations to the Council in relation to the proposal not later than one month after the date of the notification.

( c) This subsection and subsections (6) to (10) shall not apply in respect of regulations directed by the Minister under subsection (4) to be made.

(6) If, after the expiration of one month from the date of a notification under subsection (5)(a), and having considered any representations made to it under that subsection, the Council decides to make the regulations concerned, it shall notify the provider of education concerned that it proposes to make the regulations, whether with or without provisions giving effect to any of the representations and, subject to any application under subsection (7), not earlier than 21 days after the date of the notification, it may make the regulations at any time after that date whether with or without such provisions as aforesaid.

(7) Where a provider of education receives a notification under subsection (5), the Circuit Court, on application to it in that behalf by the provider not later than 21 days from the date of the notification, may make—

( a) an order authorising the making of the regulations concerned,

( b) an order authorising the making of the regulations concerned subject to the inclusion or deletion of specified provisions or the making of specified amendments to the proposed provisions of the regulations,

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

( d) an order prohibiting the making of the regulations, or

( e) any other order that it considers appropriate.

(8) The decision of the Circuit Court on an application under this section shall be final, save that, by leave of that Court or the High Court, an appeal by the Council or the provider of education concerned, from the decision, shall lie to the High Court on a question of law.

(9) Subsections (5), (6) and (7) shall apply with any necessary modifications to a new decision to make regulations under subsection (7)(c).

(10) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit where the provider of education concerned ordinarily resides or carries on any profession, business or occupation.