Veterinary Practice Act 2005

Decision of Preliminary Investigation Committee and Council as regards application for inquiry.

77

77.—(1) The Preliminary Investigation Committee shall notify the Registrar, in writing, that an inquiry is not to proceed, including the reasons for the decision if—

( a) it was taken to have referred the matter to the Council under section 76(8)(a) and received a notice under section 76 (8)(d) , or

( b) it made such a decision and it has not received a notice of a decision to proceed under section 76(9) .

(2) Within 21 days of the notification under subsection (1) the Registrar shall notify in writing, the person applying for the inquiry, stating the decision, the reason for the decision and the date on which it was made.

(3) A person applying for the inquiry who receives a notification of a decision made under subsection (1) may appeal to the Circuit Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(4) On the hearing of an appeal under this section, the Circuit Court may make—

( a) an order affirming or setting aside any decision of the Preliminary Investigation Committee or the Council, as the case may be, that an inquiry should not proceed,

( b) an order remitting the application for an inquiry with or without directions to the Preliminary Investigation Committee or the Council, as the case may be, for reconsideration and the making of a new decision in relation to it, or

( c) any other order that it considers appropriate.

(5) The Council shall notify in writing, the chairperson of the Fitness to Practise Committee and the Registrar, that an inquiry is to proceed, including the reasons for the decision if such a decision is made—

( a) by the Preliminary Investigation Committee under section 76(6)(b) ,

( b) by the Council under section 76(8)(c) ,

( c) by the Council under section 76(9) .

(6)  ( a) Within 21 days of the decision to proceed under subsection (5) , the Registrar shall inform the following of the decision by notice in writing to their respective addresses (in the case of the registered person to whom the inquiry relates, his or her address as stated in the Register or the Register of Veterinary Nurses, as appropriate) which shall contain the reasons for the decision:

(i) the person who applied for the inquiry;

(ii) the registered person to whom the inquiry relates;

(iii) if the registered person is employed as a veterinary practitioner or a veterinary nurse, his or her employer.

( b) In addition to the notification referred to at paragraph (a), the registered person to whom the inquiry relates shall be furnished with a copy of the application and any documents and information accompanying the application.