Veterinary Practice Act 2005

Offences in relation to practice of veterinary nursing or use of title.

97

97.—(1) Subject to sections F42 [ 54A ] , 55 and 59, nothing in this Act shall be construed as permitting a veterinary nurse to practise veterinary medicine, other than to the extent that it consists of the practice of veterinary nursing.

(2) Subject to sections F42 [ 54A , ] 55 and 59, a person, in the case of paragraph (a) , other than a registered person, and in the case of paragraphs (b) and (c), other than a veterinary nurse, shall not—

( a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary nursing,

( b) use the title or description that would give the impression that he or she is registered under Part 8 such as “veterinary nurse” or any abbreviation or derivative of them, either alone or in connection with any other title or description, or

( c) represent that they are registered on the Register of Veterinary Nurses.

(3) A body corporate shall not—

( a) do or perform any act, matter or thing the doing or performance of which forms part of the practice of veterinary nursing,

( b) represent itself as registered on the Register of Veterinary Nurses,

( c) represent itself as prepared to do or perform any act matter or thing the doing or performance of which constitutes part of the practice of veterinary nursing.

(4) Subject to F43 [ sections 54A and 55 ] where a person who is not a registered person treats, by the practice of veterinary nursing, whether for reward or otherwise, an animal the property of another person, he or she shall be taken to have represented that he or she is a veterinary nurse.

(5) A person who contravenes this section is guilty of an offence.

(6) A person who is guilty of an offence under this section is liable—

F44 [ ( a ) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, ]

( b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000, or to imprisonment for a term not exceeding 5 years, or to both,

(ii) in the case of a second or subsequent offence, to a fine not exceeding €320,000, or to imprisonment for a term not exceeding 10 years, or to both.

(7) Subsections (2) and (3) shall come into operation on the day that is 6 months after the day on which the Register of Veterinary Nurses is established.

Annotations:

Amendments:

F42

Inserted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2015), s. 9(q)(i), commenced on enactment.

F43

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2015), s. 9(q)(ii), commenced on enactment.

F44

Substituted (18.07.2012) by Veterinary Practice (Amendment) Act 2012 (25/2015), s. 9(q)(iii), commenced on enactment.