Veterinary Practice Act 2005

F35 [ Mutual recognition veterinary nurses.

95A

95A. (1) The Council, on application to it in that behalf in writing by a person to whom subsection (2) 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.

(2) This subsection applies 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 citizen 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

(i) a conviction for an offence, or

(ii) serious misconduct,

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

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

(4) 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) where the profession of veterinary nursing

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

(II) is not regulated in the relevant State where he or she is established, proof that the person has practised the profession of veterinary nursing for not less than F36 [ 1 year ] in the 10 year period immediately preceding the application,

(iii) 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, F37 [ ]

(iv) proof of nationality, F38 [ and ]

F39 [ (v) a declaration of his or her knowledge of the English language necessary for practising veterinary nursing, ]

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.

(5) If the Council is satisfied to do so, and on application to it in that behalf from the person referred to in subsection (4) , it may renew the registration for further periods not exceeding 12 months, provided that, in relation to an application for such renewal, the person continues to comply with paragraphs (a) and (b) of subsection (4) .

(6) Parts 1 and 3 of Schedule 3 apply to applications made under subsection (4) .

(7) If the Council decides that a person who applies to it for registration under subsection (1) or (4) 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.

(8) A person who receives a notification under subsection (7) 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.

(9) 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.

(10) In this section

competent authority , Mutual Recognition Directive , relevant State , and third country have the meanings assigned to them, respectively, in section 43(15) ;

home relevant State in relation to a veterinary nurse, means the relevant State in which he or she acquired his or her diploma, certificate or other evidence of formal qualification or where he or she is registered as a veterinary nurse.

(11) A word or expression that is used in this section and is also used in the Mutual Recognition Directive has, unless the contrary intention appears, the same meaning in this section, as it has in that Directive. ]

Annotations:

Amendments:

F35

Inserted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2012), s. 8(2), commenced on enactment.

F36

Substituted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(b)(i), S.I. No. 138 of 2016.

F37

Deleted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(b)(ii), S.I. No. 138 of 2016.

F38

Inserted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(b)(iii), S.I. No. 138 of 2016.

F39

Inserted (9.03.2016) by Horse Racing Ireland Act 2016 (2/2016), s. 19(b)(iv), S.I. No. 138 of 2016.