Veterinary Practice Act 2005

Restoration to relevant register.

83

83.—(1) Where the name of any person has been removed from a part of the Register, or the Register of Veterinary Nurses by virtue of section 80(1)(a) the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned decide, by direction, to restore the name of that person to the Register or the Register of Veterinary Nurses as the case may be and the Council may decide, by direction, to restore the name to the appropriate register subject to such conditions as it sees fit to impose.

(2) Where the registration of a person in a part of the Register or the Register of Veterinary Nurses has ceased to have effect by virtue of section 80(1)(b) for a specified period, the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned, decide, by direction, to remove the suspension before the end of the specified period.

(3) Where conditions attach to the retention of the person's name in a part of the Register or the Register of Veterinary Nurses by virtue of section 80(1)(c) the Council may, as it thinks fit having regard to its functions and on application to it in writing by the person concerned, decide, by direction to remove in whole or in part those conditions.

(4) If the Council decides to issue a direction under subsection (1), (2) or (3), it shall notify the person to whom the decision relates in writing, as soon as practicable stating—

( a) the decision,

( b) in the case of subsection (1) conditions (if any) imposed,

( c) in the case of subsection (3) conditions (if any) removed,

( d) the reasons for the decision,

( e) the date on which it was made.

(5) A person who receives a notification under subsection (4) may appeal to the High Court against the decision specified in the notification including any condition to which subsection (1) or (3) relates, within a period of 21 days beginning on the date of such receipt.

(6) On the hearing of an appeal under subsection (5) by the 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), (2) or (3) 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.

(7) Where the registered person to whom the decision relates has made no application under subsection (5) within 21 days of the notification under subsection (4), 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 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.

(8) 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.