Veterinary Practice Act 2005

Contribution by registered person.

82

82.—(1) Where the Council receives a report under section 79 , it may, having regard to its functions under this Act, decide to issue a direction to the registered person to whom the report relates, that he or she shall do all or any of the following:

( a) pay a sum to be determined, subject to subsection (2) by the Council, to the applicant in respect of costs and expenses incurred by him or her under this Part;

( b) not charge or recover a sum to be determined, subject to subsection (2) by the Council, in respect of fees or outlays from the applicant in respect of veterinary services provided by the registered person to the applicant (whether or not these are agreed by the applicant to be due to the registered person) in settlement of costs and expenses incurred by the applicant under this Part;

( c) pay to either the Preliminary Investigation Committee or the Fitness to Practise Committee, or to be shared as directed between those Committees a sum to be determined, subject to subsection (2), by the Council, in respect of the costs and expenses incurred by either of those Committees or both of them under this Part, where the Council has determined that the registered person has refused, neglected or otherwise failed, without reasonable cause, to respond in a timely manner, or at all, to a written request of either of those Committees or both of them and the Council has incurred costs in consequence of the refusal, neglect or failure.

(2) The sum referred to at paragraphs (a), (b) and (c) of subsection (1) , shall have a value not exceeding €5,000 or such other sum as the Minister may fix by order in accordance with subsection (3).

(3)  ( a) The Minister may make an order from time to time amending subsection (2) by substituting for the amount standing specified in that subsection for the time being an amount equal to the amount obtained by multiplying €5,000 by the figure specified in subsection (4), and, if the amount so obtained is not a whole number to Euro and the Minister considers it appropriate to do so, and specifies in the order that the amount has been so rounded, rounding (up or down as he or she thinks fit) the amount to the nearest whole number of Euro.

( b) The Minister shall consult with the Council before making an order under paragraph (a).

( c) The Minister may, by order amend an order made under this subsection, including under this paragraph.

(4)  ( a) The figure mentioned in subsection (3) is the quotient rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the year in which the order concerned is made by the consumer price index number relevant to the year 2004.

( b) In this section “consumer price index number” means the All Items Consumer Price Index Number compiled by the Central Statistics Office and references to the consumer price index number relevant to any year are references to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance.

(5) If the Council decides to issue a direction 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 it and the date on which it was made.

(6) A person who receives a notification under subsection (5) may appeal to the District Court against the decision specified in the notification within a period of 21 days beginning on the date of such receipt.

(7) On the hearing of an appeal under subsection (6) by the registered person to whom the decision relates, the District 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.

(8) Where the registered person to whom the decision relates has made no application under subsection (6) within 21 days of the notification under subsection (5), the District Court may, on an application to it in a summary manner by the Council make—

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

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

( c) any other order that it considers appropriate.

(9) The decision of the District 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 registered person concerned, from the decision, shall lie to the High Court on a question of law.

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

(11) The Council may exercise the functions referred to in subsection (1) in substitution for or in addition to functions that it exercises under section 80 or 81.