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

(2) This subsection applies to a person who—

(a) applies for provisional registration as a veterinary nurse within 6 months of the day of the establishment of the Register of Veterinary Nurses,

(b) was practising as a veterinary nurse on the 27th October 2004 and continued so acting in a whole time capacity, under the supervision of a veterinary practitioner, until the day of the establishment of the Register of Veterinary Nurses,

(c) undertakes to participate in an approved programme of education appropriate to veterinary nurses as prescribed, and

(d) complies with paragraphs (b), (c), (d), (e) and (f) of section 95(2).

(3) If the Council decides that a person who applies to it for provisional 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.

(4) A person who receives a notification under subsection (3) 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.

(5) 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.

(6) Provisional registration under this section shall cease 5 years after the day on which the Register of Veterinary Nurses is established.

(7) Notwithstanding this Act and save where otherwise provided by law, a person who is provisionally registered as a veterinary nurse under this section may practise veterinary nursing.