Veterinary Practice Act 2005

Number 22 of 2005

VETERINARY PRACTICE ACT 2005

REVISED

Updated to 1 June 2023

This Revised Act is an administrative consolidation of the Veterinary Practice Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 291 of 2023), made 30 May 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 22 of 2005

VETERINARY PRACTICE ACT 2005

REVISED

Updated to 1 June 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Establishment day.
4.	Repeals.

PART 2

Former Council

5.	Interpretation (Part 2).
6.	Dissolution of former Council.
7.	References to former Council.
8.	Staff of Council.
9.	Rights and liabilities of former Council.
10.	Final accounts of former Council.

PART 3

Veterinary Council of Ireland

11.	Establishment of Veterinary Council of Ireland.
12.	Procedure of Council.
13.	Functions of Council.
14.	Conferral of additional functions on Council.
15.	Ministerial directions to Council.
16.	Appointment of members of Council.
17.	Nomination and appointment of certain members of Council.
18.	Election.
19.	Term of office of members of Council.
20.	Establishment of committees.
21.	Expenses of Council and members of Council, etc.
22.	Removal of members of Council from office.
23.	Registrar.
24.	Staff of Council.
25.	Disclosure of information.
26.	Disclosure of interest by member of Council or committee.
27.	Disclosure of interest by member of staff of Council.
28.	Effect of membership of a House of the Oireachtas or European Parliament.
29.	Accounts and audits.
30.	Annual report and information.
31.	Borrowing by Council.
32.	Gifts.
33.	Fees.

PART 4

Registration

34.	Establishment of Register of Veterinary Practitioners.
35.	General matters relating to registration.
36.	Transitional provisions relating to Register.
37.	Publication of Register.
38.	Evidence of Register.
39.	Granting of titles.
40.	Persons registered in former Register.
41.	Persons entitled to be registered in former Register.
42.	Persons trained in the State.
43.	Mutual recognition — veterinary practitioners.
44.	Registration of person who would not otherwise qualify for registration under sections 40 to 43.
45.	Limited registration.
46.	Registration of veterinary specialists.
47.	Persons entitled to be registered as veterinary specialists.
48.	Removal of name from Register as veterinary specialist.
49.	Application for removal of name from relevant register.
50.	Registration of additional qualifications.
51.	Correction of registers.
52.	Regulations under Part 4.

PART 5

Practice of Veterinary Medicine

53.	Definition of the practice of veterinary medicine.
54.	Offences in relation to practice of veterinary medicine or use of title.
54A.	Power of Minister to prescribe procedures that may be carried out by non-registered persons.
54B.	Considerations applicable to exercise of power conferred by section 54A.
54C.	Offences — regulations under section 54A.
55.	Emergency and exceptions to section 54.
56.	Registered persons not to use incorrect title.
57.	Offence for a registered person to employ a non-registered person.
58.	Recovery of fees.
59.	Regulations to provide for practice of veterinary medicine by non-registered persons.
59A.	Indemnity insurance.
60.	Penalties for offences under Part 5.

PART 6

Veterinary Education and Training

61.	Interpretation (Part 6).
62.	Education Committee.
63.	Functions of Education Committee.
64.	Approval of programme of education.
65.	Prescription of educational qualifications for registration.
66.	Regulations in relation to programmes of further education.
67.	Persons in programmes of education and programmes of further education.
68.	Disclosure of information or interests.

PART 7

Fitness to Practise

69.	Interpretation (Part 7).
70.	Preliminary Investigation Committee.
71.	Fitness to Practise Committee.
72.	Appointment to Preliminary Investigation Committee or Fitness to Practise Committee.
73.	Terms of appointment of Preliminary Investigation Committee and Fitness to Practise Committee.
74.	Fitness to Practise — transitional.
75.	Council may investigate fitness to practise.
76.	Consideration of an application for an inquiry.
77.	Decision of Preliminary Investigation Committee and Council as regards application for inquiry.
78.	Inquiry by Fitness to Practise Committee.
79.	Report of Fitness to Practise Committee.
80.	Removal or suspension from relevant register or conditions attaching to registration.
81.	Function of Council to advise, warn or censure.
82.	Contribution by registered person.
83.	Restoration to relevant register.
84.	Person convicted of offence triable on indictment.
85.	Privilege in respect of certain matters.
86.	Notification to Minister of name removed or restored, etc., from relevant register.
87.	Personal interest of member of Preliminary Investigation Committee or Fitness to Practise Committee.
88.	Members of Preliminary Investigation Committee and Fitness to Practise Committee not to exercise certain functions.
89.	Report of activities of Fitness to Practise Committee to be included in annual report.

PART 8

Veterinary Nurses

90.	Interpretation (Part 8).
91.	Veterinary nursing.
92.	Prescribing procedures to which section 91(2) applies.
93.	Establishment of Register of Veterinary Nurses.
94.	General matters relating to registration of veterinary nurses.
95.	Registration as veterinary nurse.
95A.	Mutual recognition — veterinary nurses.
96.	Provisional registration as veterinary nurse.
96A.	Registration of persons who would not otherwise qualify for registration under section 95 or 96.
96B.	Limited registration — veterinary nurses.
97.	Offences in relation to practice of veterinary nursing or use of title.
98.	Establishment of Board.
99.	Procedure of Board.
100.	Functions of Board.
101.	Transitional arrangements in relation to functions of Board.
102.	Regulations in respect of Board.
103.	Conferral of additional functions on Board.
104.	Ministerial directions to Board.

PART 9

Veterinary Premises

105.	Interpretation (Part 9).
106.	Where practice of veterinary medicine may occur.
107.	Regulations in respect of places and events.
108.	Regulations in respect of veterinary premises.
109.	Certificate of suitability.
110.	Application for issue of certificate of suitability.
111.	Regulations in relation to certificates of suitability.
112.	Determination of application for certificate of suitability.
113.	Decision to refuse a certificate of suitability or apply conditions.
114.	Revocation or suspension of certificate of suitability.
115.	Liability.
116.	Transitional.
117.	Inspection of veterinary premises.
117A.	Non-application of Part 9 to registered persons acting on behalf of State, etc.
118.	False statement.
119.	Forged certificate of suitability.
120.	Register of certificates of suitability.
121.	Certificate of suitability not transferable.
122.	Obligation to display extract from the register of certificates of suitability.
123.	Penalties for offences under Part 9.

PART 10

Investigations by Council

124.	Appointment of authorised officers of Council.
125.	Functions of authorised officers.
126.	Power to inspect premises for the purposes of section 125(a) or (c).
126A.	Search warrants.
127.	Power to inspect premises for the purpose of section 125(c). (Repealed)
128.	Offences under Part 10.
129.	Indemnification of authorised officers, etc.
130.	Functions of Council on receipt of report of investigation by authorised officer.
131.	Penalties for offences under Part 10.

PART 11

Miscellaneous

132.	Adaptation of certain references.
133.	Regulations.
134.	Service of documents, etc.
135.	Summary proceedings.
136.	Offence by body corporate.
137.	Expenses of Minister.

Acts Repealed

Enactments Revoked

Council: Seal, Elections, Membership, Chair and Meetings

SCHEDULE 3

Mutual Recognition and Establishment of Services

PART 1

Interpretation

PART 2

Provisions to Apply to Applications under Mutual Recognition Requirements of the European Union

PART 3

Provisions to Apply to Applications that Relate to Establishment of Services

SCHEDULE 4

Education Committee, Preliminary Investigation Committee and Fitness to Practise Committee:— Membership, Chair and Meetings

Acts Referred to
Animal Remedies Act 1993	1993, No. 23
Companies Acts 1963 to 2003
Diseases of Animals Act 1966	1966, No. 6
European Communities Act 1972	1972, No. 27
European Communities (Amendment) Act 1993	1993, No. 25
European Parliament Elections Act 1997	1997, No. 2
Freedom of Information Act 1997	1997, No. 13
Local Government Act 2001	2001, No. 37
Petty Sessions (Ireland) Act 1851	14 & 15 Vict., c.93
Solicitors Act 1954	1954, No. 36
Veterinary Surgeons Act 1931	1931, No. 36
Veterinary Surgeons Act 1952	1952, No. 18
Veterinary Surgeons Act 1960	1960, No. 34
Veterinary Surgeons Acts 1931 to 1960

Number 22 of 2005

VETERINARY PRACTICE ACT 2005

REVISED

Updated to 1 June 2023

AN ACT TO ESTABLISH A BODY KNOWN AS COMHAIRLE TRÉIDLIANNA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY COUNCIL OF IRELAND TO REGULATE AND MANAGE THE VETERINARY PROFESSIONS AND TO PROVIDE FOR ITS OTHER FUNCTIONS, TO PROVIDE FOR ESTABLISHMENT OF A BODY KNOWN AS BORD ALTRAÍ TRÉIDLIACHTA NA hÉIREANN OR, IN THE ENGLISH LANGUAGE, THE VETERINARY NURSES BOARD OF IRELAND, TO DISSOLVE THE VETERINARY COUNCIL ESTABLISHED UNDER THE VETERINARY SURGEONS ACT 1931, TO REPEAL THE VETERINARY SURGEONS ACTS 1931 TO 1960 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[12th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act potentially restricted (6.03.2014) by Animal Health and Welfare Act 2013 (15/2013), s. 16(5), S.I. No. 106 of 2014.

Prohibited operations and procedures.

16.— ...

(5) Nothing in the Veterinary Practice Act 2005 renders lawful anything done in contravention of animal health and welfare regulations.

Editorial Notes:

The Veterinary Council of Ireland is not a reviewable agency in relation to certain functions as provided by Ombudsman Act 1980 (26/1980), s. 4 and schedule part II para. (t) as substituted (30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 16 and sch. part 1, commenced 6 months after enactment as per s. 1(3).

Revised Acts

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Veterinary Practice Act 2005