Veterinary Practice Act 2005

Fitness to Practise Committee.

71

71.—(1) Subject to sections 72 and 73, the Council shall establish a committee which shall be known as the Fitness to Practise Committee of the Veterinary Council of Ireland and is referred to in this Act as the “Fitness to Practise Committee”.

(2) The Fitness to Practise Committee shall consist of the following persons who shall be appointed by the Council:

( a) a person who is either a practising solicitor with not less than 10 years experience nominated for such appointment by the Law Society of Ireland or a practising barrister with not less than 10 years experience nominated for such appointment by the General Council of the Bar of Ireland, who is not, as such solicitor or barrister, in the full-time service of the State and who—

(i) is not a member of the Council,

(ii) is not registered under Part 4 or 8 and is not eligible to be so registered;

( b) not more than 3 members of the Council who are registered, or who are eligible to be registered under Part 4 or 8;

( c) not more than 3 members of the Council who are neither registered under Part 4 or 8 nor eligible to be so registered.

(3) If one of the bodies referred to in subsection (2)(a), being the body chosen by the Council to make the nomination in the paragraph concerned, does not furnish a nomination in writing to the Council within 4 months of the receipt by such body of a request in writing from the Council to do so, the Minister may, no later than 6 months after the appointment of members to the Council under section 18(5) , nominate a person to be appointed to the Fitness to Practise Committee whom the Minister considers would be appropriate to be so nominated by either body referred to in subsection (2)(a), and the Council shall appoint that person as a member of the Fitness to Practise Committee.

(4)  ( a) The person who is appointed as a member of the Fitness to Practise Committee under subsection (2)(a) or (3), as the case may be, shall be the chairperson of that committee.

( b) If the Council considers that it is necessary, having regard to all of its functions under this Act, it may appoint another person pursuant to subsection (2)(a) or (3), as the case may be, who shall be deputy chairperson of the Fitness to Practise Committee.

( c) The deputy chairperson may perform all of the functions that may be performed by the chairperson under this Part.

( d) The chairperson and deputy chairperson may be paid out of moneys provided by the Council, such remuneration and such allowances for expenses as may be agreed between the chairperson and the Council or the deputy chairperson and the Council as the case may be.

(5) A person who is a member of the Fitness to Practise Committee shall not be a member of the Preliminary Investigation Committee at the same time.

(6) Schedule 4 applies to the Fitness to Practise Committee.

(7) In this section “full-time service of the State” in relation to a solicitor, has the meaning given to it in section 54(3) of the Solicitors Act 1954 and, in relation to a barrister, has the meaning given to it in section 43 of that Act.