Veterinary Practice Act 2005

Removal or suspension from relevant register or conditions attaching to registration.

80

F28 [ 80. (1) Where the Council receives a report from the Fitness to Practise Committee under section 79(1) , in which that Committee gives as its opinion that one or more of the grounds specified in section 76(1) were found to be proven, it may decide to do any of the following ]

( a) remove the name of the registered person from all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate,

( b) direct that for a specified period the registration of the registered person in all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate, shall not have effect, or

( c) attach such of the following conditions as it thinks fit, to the retention of the name of the registered person in all or some of the parts of the Register or the Register of Veterinary Nurses where he or she is registered, as the Council considers appropriate:

(i) that he or she should obtain specified medical treatment;

(ii) that he or she should have limits placed on the type of veterinary medicine or veterinary nursing, as appropriate, practised by him or her;

(iii) that he or she should have geographical or temporal limits placed on the practice by him or her of veterinary medicine or veterinary nursing, as appropriate;

(iv) that he or she should attend specified programmes of education or further education;

(v) other specified conditions.

(2) If the Council makes a decision under subsection (1) it shall notify the registered person to whom the decision relates in writing, as soon as practicable stating the decision, the reasons for the decision and the date on which it was made.

(3) A person who receives a notification under subsection (2) may appeal to the High Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(4) On the hearing of an appeal under subsection (3) by the registered person to whom the decision relates, the High Court may make—

( a) an order affirming or setting aside any decision of the Council in relation to matters referred to in subsection (1) concerned,

( b) an order remitting the decision of the Council in relation to matters referred to in subsection (1) with or without directions to the Council, for reconsideration by it and the making of a new decision in relation to it, or

( c) any other order that it considers appropriate.

(5) Where the registered person to whom the decision relates has made no application under subsection (3) within 21 days of the notification under subsection (2), the High Court may, on an application to it in a summary manner by the Council make—

( a) an order confirming or setting aside the making of the decision concerned,

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

( c) any other order that it considers appropriate.

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

Annotations:

Amendments:

F28

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 4(b), commenced on enactment.