Veterinary Practice Act 2005

Registration as veterinary nurse.

95

95.—(1) The Council, on application to it in writing in that behalf by a person to whom subsection (2) applies, in accordance with regulations made under section 52(1) and, on payment to it of the fee fixed under section 33 , shall register the person as a veterinary nurse.

(2) This subsection applies to a person who—

( a) has undergone programmes of education, and acquired educational qualifications prescribed under section 65 ,

( b) is of good character and repute and is not an undischarged bankrupt,

( c) has not been convicted by a court in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary nursing,

( d)(i) is not prohibited or suspended from registration under Part 4, or

(ii) is not prohibited from practising or suspended from the practice of veterinary medicine,

either under Part 7 or provisions similar to those contained in that Part in force in another state, by reason of a conviction for an offence or serious misconduct in connection with the carrying out of professional duties as a veterinary surgeon,

F33 [ ( e ) is not prohibited from practising, or suspended from the practice of, veterinary nursing, either under Part 7 or provisions corresponding to those contained in that Part in force in another state, by reason of

(i) a conviction for an offence, or

(ii) serious misconduct,

in connection with the carrying out of professional duties as a veterinary nurse. ]

( f) is not a veterinary practitioner.

(3) A veterinary nurse ceases to be registered under this Part when his or her name is entered in a part of the Register.

(4) If the Council decides that a person who applies to it for registration as a veterinary nurse should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and 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 within a period of 3 months beginning on the date of such receipt.

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

( a) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

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

( c) any other order that it considers appropriate.

F34 [ (7) The Council, on application to it in that behalf in writing by a person to whom subsection (8) applies, in accordance with regulations made under section 52(1) and on payment of the fee prescribed under section 33 , shall register the person as a veterinary nurse.

(8) For the purposes of subsection (7) , this subsection refers to a veterinary nurse who comes within the scope of Article 10 of the Mutual Recognition Directive and who shows to the satisfaction of the Council that he or she

( a ) has complied with Article 13 of the Mutual Recognition Directive,

( b ) is a national of the State or a relevant State,

( c ) is of good character and repute and is not an undischarged bankrupt,

( d ) has not been convicted by a court, in the State or elsewhere, of an offence that, in the opinion of the Council, is such as to render the person unfit to practise veterinary medicine, and

( e ) is not prohibited from practising, or suspended from the practice of, veterinary nursing, either under Part 7 or provisions corresponding to those contained in that Part that apply in another state, by reason of a conviction for an offence, or serious misconduct in connection with the carrying out of professional duties as a veterinary nurse.

(9) Parts 1 and 2 of Schedule 3 apply to an application made under subsection (7) .

(10) Where a person who is legally established as a veterinary nurse in a relevant State and who

( a ) wishes to provide services as a veterinary nurse within the limits and under the conditions laid down in Article 5 of the Mutual Recognition Directive, and

( b ) furnishes

(i) a prior declaration of his or her intention to provide services in accordance with Article 7 of the Mutual Recognition Directive in the manner prescribed,

(ii) a certificate from the competent authority of the relevant State where the applicant is established, which confirms such establishment and that he or she is lawfully practising as a veterinary nurse in that State,

(iii) where the profession of veterinary nursing is not regulated in the relevant State where he or she is established, proof that the person has practised as a veterinary nurse for not less than two of the ten years preceding the application,

(iv) a copy of his or her qualification or a statement from the competent authority of the home relevant State that the applicant holds a diploma, certificate or other evidence of formal qualifications as a veterinary nurse, and

(v) proof of nationality,

and the documents referred to in this paragraph are in order, the Council shall register that person as a veterinary nurse for a period not exceeding 12 months.

(11) If the Council is satisfied to do so and, on application to it in that behalf from the person referred to in subsection (10) , it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person complies with paragraphs ( a ) and ( b ) of subsection (10) .

(12) Parts 1 and 3 of Schedule 3 apply to applications made under subsection (10) .

(13) If the Council decides that a person who applies to it for registration under subsections (7) or (10) should not be so registered, it shall notify the person in writing as soon as practicable stating the decision, the reason for the decision and the date on which it was made.

(14) A person who receives a notification under subsection (13) may appeal to the High Court against the decision specified in the notification within a period of 3 months beginning on the date of such receipt.

(15) On the hearing of an appeal under this section, the High Court may make

( a ) an order affirming or setting aside any decision of the Council relating to the application for registration concerned,

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

( c ) any other order that it considers appropriate. ]

Annotations:

Amendments:

F33

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 9(p), commenced on enactment.

F34

Inserted (1.07.2008) by European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007 (S.I. No. 745 of 2007), reg. 3(b), in effect as per reg. 2.