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S.I. No. 66/1988 - Veterinary Surgeons Order, 1988.

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1988 S.I. No. 66/1988 - Veterinary Surgeons Order, 1988. S.I. No. 66/1988 - Veterinary Surgeons Order, 1988. AmendmentsLeasuithe S.I. No. 66

  1. VETERINARY SURGEONS ORDER,
  2. The Government, in exercise

the powers conferred on them by sections 4 and 5

the Veterinary Surgeons Act, 1952 (No. 18

1952), and after consultation between the Minister and the Veterinary Council being satisfied that it is necessary to reconstitute the said Council hereby order as follows: 1. This Order may be cited as the Veterinary Surgeons Order, 1988. 2. In this Order— "the Act

1931" means the Veterinary Surgeons Act, 1931 (No. 36

1931); "the Act

1952" means the Veterinary Surgeons Act, 1952 (No. 18

1952); "the appointed day" means the 31st day

May next after the coming into operation

this Order or such other date as the Minister may by order appoint; "the Council" means the Veterinary Council; " the Minister" means the Minister for Agriculture and Food; "the register" means the Register

Veterinary Surgeons for Ireland and the word "registered" shall be construed accordingly; "the Scheduled Agreement" means the agreement set out in the first Schedule to this Order. 3. The scheduled agreement is hereby confirmed and shall have the force

law. 4. The provisions

Articles 5 to 12 and

the Second Schedule

this Order shall have effect in lieu

the provisions

Articles 4 and 5

the Veterinary Surgeons Order, 1972 ( S.I. No. 15

1972 ) and

Articles 5, 6, 7, 8, 10, 11 and 14 and the Second Schedule

the Veterinary Surgeons Order, 1954 ( S.I. No. 68

1954 ). 5.

(1)On the appointed day the existing members

the Council shall vacate

fice and from that day the Council shall be reconstituted in accordance with the following provisions

this Article.

(2)The Council shall consist

the following members, namely, ( a ) twelve elected members, elected in the manner provided in this Order; ( b ) three members appointed by the Minister

whom at least two shall not be registered veterinary surgeons; ( c ) two members

whom at least one shall be a registered veterinary surgeon appointed by each University granting a degree in the case

which an order under subsection

(1)

section 2

the Act

1952 is for the time being in force.

(3)The elected members

the Council shall be registered veterinary surgeons resident in the State and shall be elected by the registered veterinary surgeons who are for the time being resident in the State.

(4)This Article shall have effect in lieu

sub-section

(3)

section 3, and

section 7,

the Act

1931. 6.

(1)Before, but not more than one month before, the appointed day, an election

elected members

the Council shall be held in accordance with this Order and at such election twelve elected members

the Council shall be elected.

(2)In every second ensuing year, within the period from the 1st to the 30th day

May or such other period in the same year as the Minister may for the purpose by order appoint, an election shall be held in accordance with this Order for the election

six elected members and

such other persons as are required by this Order to be elected at such election to fill casual vacancies.

(3)Notwithstanding anything in the Act

1931, any existing elected member

the Council shall be eligible to be a candidate for election as a member

the Council at the election provided for under paragraph

(1)

this Article.

(4)This Article shall have effect in lieu

section 8

the Act

1931. 7.

(1)Not less than three weeks before the appointed day, the Council shall appoint the registrar

the Council to be the returning

ficer for the election provided for under paragraph

(1)

Article 6

this Order.

(2)In every subsequent year in which an election is required to be held, the Council shall, at or before the commencement

the period within which it is to be held, appoint the President

the Council if he is willing to act or, if he is not so willing, some other member

the Council willing to act, to be the returning

ficer.

(3)Every election shall be conducted in accordance with the Rules in the Second Schedule to these regulations and such other rules (if any) not inconsistent therewith as the Council shall think proper to make.
(4)The returning

ficer shall, immediately upon the completion

the election, communicate in writing to the Council the names

the persons elected and such other information in relation to the election as may be prescribed by regulations made by the Council.

(5)The returning

ficer shall be entitled to the assistance

the

ficers and servants

the Council in the conduct

the election.

(6)This Article shall have effect in lieu

section 9

the Act

1931. 8.

(1)Subject to the provisions

this Order, the term

fice

any member

the Council, whether elected or appointed, shall be four years.

(2)If the power

any university under paragraph

(2)(c)

Article 5

this Order to appoint members

the Council ceases to become exercisable, members appointed by that university shall thereupon cease to hold

fice.

(3)( a ) The following provision

this paragraph shall have effect as respects the members

the Council elected at the election provided for under paragraph

(1)

Article 6

this Order. ( b )

the elected members, the term

fice

the six who received the lowest number

votes shall be two years.

(4)A member

the Council shall cease to hold

fice on the 31st day

May in the year in which his term

fice is due to expire or on such other date in the same year as the Minister may by order appoint and his successor shall take up

fice on the same day.

(5)Subject to the provisions

this Order, a person elected or appointed to fill a casual vacancy shall hold

fice for the remainder

the term for which his predecessor was elected or appointed.

(6)( a ) An elected member

the Council shall not be eligible to be a candidate for election as a member

the Council for a term

fice commencing before the expiration

his current term

fice. ( b ) An appointed member

the Council retiring on the expiration

his term

fice shall be eligible for re-appointment.

(7)This Article shall come into operation on the appointed day and shall have effect in lieu

section 10

the Act

1931. 9.

(1)A member

the Council may at any time resign his

fice by letter addressed and sent to the registrar

the Council, and the resignation shall take effect at the commencement

the meeting

the Council following the receipt

the letter by the registrar.

(2)The appointing authority may remove an appointed member from

fice if, in the opinion

the authority, he is unable to perform, or unsuited to continue to discharge, his duties.

(3)Where an appointed member ceases to hold

fice otherwise than by effluxion

time or by the operation

paragraph

(2)

Article 8

this Order, the vacancy shall be filled by appointment by the appropriate appointing authority.

(4)Every elected member

the Council shall, upon his either ceasing to be a registered veterinary surgeon, or ceasing to be resident in the State, forthwith be disqualified for continuing to be a member

the Council.

(5)( a ) Where an elected member ceases to hold

fice otherwise than by effluxion

time, the vacancy shall (save as is hereinafter other wise provided) be filled at the election held next after the occurrence

the vacancy, unless his term

fice was due to expire in the year

that election. ( b ) If the vacancy occurs in an election year and within the period

thirty days immediately preceding the election, the vacancy shall be filled at the election held in the following election year, unless his term

fice was due to expire in either

those years. ( c ) The Council may, if it thinks proper so to do, itself elect a qualified person to fill the vacancy temporarily until it is filled under the foregoing provisions

this paragraph or the date at which the term

fice

the said member was due to expire, whichever first happens. ( d ) A person elected to fill a casual vacancy temporarily shall be eligible for election as a member

the Council at any election held while he so fills the vacancy.

(6)This Article shall come into operation on the appointed day and shall have effect in lieu

section 11

the Act

1931. 10.

(1)It shall be the duty

the Council to elect from time to time as occasion requires, a member

the Council to be the President

the Council.

(2)Any member

the Council, whether elected or appointed, shall be capable

being elected president

the Council.

(3)The president

the Council shall hold

fice from the date

his election until whichever

the following events first happens, that is to say:— (a) the expiration

two years; (b) the expiration

his term

fice as a member

the Council; (c) his ceasing to be a member

the Council otherwise than by the expiration

his term

fice; (d) his resigning the

fice

president

the Council.

(4)The president

the Council on the expiration

his term

fice shall be eligible for re-election so long as he remains a member

the Council.

(5)This Article shall come into operation on the appointed day and shall have effect in lieu

section 14

the Act

1931. 11.

(1)The quorum for a meeting

the Council shall be seven; provided that, in a case

a meeting

the Council where the matter

the erasure

the name

a registered Veterinary Surgeon from the register, or the matter

the suspension

a registered Veterinary Surgeon from the register is on the agenda the quorum shall be ten.

(2)This Article shall come into operation on the appointed day and shall have effect in lieu

subsection

(4)

section 15

the Act

1931. 12.

(1)The minimum number

members

the Council by whose votes names may be erased from the register shall be six.

(2)This Article shall come into operation on the appointed day and shall have effect in lieu

the corresponding provisions in section 36 (as substituted by the Veterinary Surgeons Act, 1960 )

the Act

  1. On the revocation, pursuant to Article 5

(2)

the scheduled agreement,

the agreement set forth in the schedule to the Veterinary Surgeons (Confirmation

Agreement) Order, 1972 ( S.I. No. 319

1972 )— (a) section 12

the Act

1931 shall cease to have effect; (b) sub-section 2

section 19

the Act

1931 shall cease to have effect; (c) Article 3

(1)(a)

the Veterinary Surgeons (Confirmation

Agreement) Order, 1972 ( S.I. No. 319

1972 ) shall cease to have effect; (d) paragraph (a)

sub-section 1 and sub-sections 2 and 3

section 31

the Act

1931 shall cease to have effect; (e) section 32

the Act

1931 shall have effect as if the words "( other than the United Kingdom

Great Britain and Northern Ireland)" in sub-section

(2)were deleted; (
  1. f)(
  2. i)sub-paragraphs (
  3. b)and (c)

section 33

the Act

1931 shall cease to have effect; (ii) sub-paragraph (d)

section 33

the Act

1931 shall have effect as if the words "The Royal College

Veterinary Surgeons or by" were deleted; (g) section 35

the Act

1931 shall have effect as if— (i) in sub-section

(1)the words "and is not registered in the general veterinary register" were deleted, (ii) sub-section
(2)were deleted, (iii) the words "either

" in sub-section

(3)were deleted and (
  1. iv)the word "sub-section" were substituted for the word "sub-sections" in sub-section 3; (
  2. h)section 36 (as substituted by the Veterinary Surgeons Act, 1960 )

the Act

1931 shall have effect as if— (i) the words "(other than a committee appointed under the Agreement)" in sub-section

(1)were deleted and (ii) sub-sections
(2)and
(3)were deleted; Section 41

the Act

1931 shall have effect as if the following were substituted for sub-section

(3): "
(3)The Council shall arrange the names contained in the Veterinary Register in two lists,

which the first shall contain the names

those persons registered under the provisions

Section 31

and the second shall contain the names

foreign practitioners (as defined in Section 32), and the Council may sub-divide the last mentioned into such and so many sub-lists as they may think fit". FIRST SCHEDULE AGREEMENT BETWEEN THE GOVERNMENT

IRELAND AND THE GOVERNMENT

THE UNITED KINGDOM WITH RESPECT TO VETERINARY SURGEONS. The Government

Ireland and the Government

the United Kingdom hereby agree as follows: ARTICLE 1 Interpretation In this Agreement— "the Act" means the Veterinary Surgeons Act 1966

the United Kingdom (1966 c.36); "the 1972 Agreement" means the Agreement between the Government

Ireland and the Government

the United Kingdom with respect

Veterinary Surgeons

1st December 1972 set out in the Schedule to the Veterinary Surgeons (Confirmation

Agreement) Order, 1972 ( S.I. No. 319

1972 ); "the College" means the Royal College

Veterinary Surgeons: "the Council" means the Council

the College; "the Irish Council" means the Veterinary Council in Ireland constituted by the Veterinary Surgeons Act, 1931 (No. 36

1931); "member" means a member

the College; "membership year" means the membership year

the College running from the 1st day

April to the 31st day

March; "the register" means the United Kingdom register

Veterinary Surgeons; and "the Irish register" means the register

Veterinary Surgeons for Ireland. ARTICLE 2 Representation

Ireland on the Council Any person who— (a) holds

fice as a member

the Council on 30th May 1988, and (b) acquired his

fice by virtue

article 2

(2)(a) or (c)

the 1972 Agreement, shall cease to hold such

fice on 31st May 1988. ARTICLE 3 Fees

(1)Any person— (a) upon whom the degree

Bachelor in or

Veterinary Medicine (MVB) has been conferred by the University

Dublin or by the National University

Ireland or to whom the Diploma

membership

the College (MRCVS) has been awarded as a result

an examination following a full course

study at either

the said universities or at the Veterinary College

Ireland; and (b) who, as a result

the conferment

that degree or diploma, was registered in the register and became a member before 31st May 1988, shall not be required to pay a fee in respect

his membership

the college in any year provided that, during that year, his sole or principal place

practice

veterinary surgery is within the area

jurisdiction

the Irish Council.

(2)Any person— (a) upon whom a qualification in veterinary surgery has been conferred outside the area

jurisdiction

the Irish Council; (b) who, as a result

the conferment

that qualification, was registered in the register and became a member before 31st May 1988; and (c) who was resident in and was practising veterinary surgery within the area

jurisdiction

the Irish Council on that date, shall not be required to pay a fee in respect

his membership

the College in any year provided that, during that year, his sole or principal place

practice

veterinary surgery is within the area

jurisdiction

the Irish Council.

(3)A member who, by virtue

paragraph

(1)or
(2)above, is not required to pay a fee in respect

his membership

the College may not vote, propose any candidate or stand as a candidate in any election

members

the Council which takes place after 31st May 1988 unless he has paid, in respect

every membership year that has occurred between that date and the date

the election, the fee prescribed by regulation

the Council under section 11

(1)(b)

the Act, on or before 31st March in every such year. ARTICLE 4 Allegations

professional misconduct After the coming into force

this Agreement, if a person who is registered in both the register and the Irish register is alleged to have been guilty

disgraceful conduct in any professional respect then, if such person practices as a veterinary surgeon exclusively within the area

jurisdiction

the Irish Council or such person practises as a veterinary surgeon both within and outside that area and the disgraceful conduct is alleged to have been committed within that area the Irish Council may exercise in relation to such allegation and such person all the powers which it can exercise from time to time in respect

the same type

allegation made against a person who is registered in the Irish register alone. ARTICLE 5 Entry into Force

(1)This Agreement shall come into force on 31st May 1988.
(2)The 1972 Agreement is revoked. ARTICLE 6 The Government

Ireland and the Government

the United Kingdom shall, as soon as possible, take such steps as may be necessary under the laws

their respective countries to enable effect to be given to the preceding provisions

this Agreement. In Witness whereof the undersigned, duly authorised by their respective Governments, have signed this Agreement. Done in two originals at London this 11th day

April 1988. For the Government

Ireland: For the Government

the United Kingdom: ANDREW O'ROURKE TIMOTHY EGGAR. SECOND SCHEDULE Rules For The Election

Elected Members

the Council at an Election

  1. Every candidate shall be nominated in writing and shall be proposed and seconded respectively by two registered veterinary surgeons resident in the State and entitled to vote at the election, and every such nomination shall be signed by the candidate and by his proposer and his seconder.
  2. Every person entitled to vote at an election shall be entitled to vote for as many candidates as there are vacancies to be filled at such election and no more.
  3. The returning

ficer shall send a voting paper by post to every person entitled to vote at the election but the failure to send a voting paper to any such person shall not invalidate the election. 4. Any person entitled to vote at the election to whom a voting paper is not sent by the returning

ficer shall be entitled to obtain a voting paper on application therefor to the returning

ficer. 5. Persons entitled to vote at the election shall send by post or otherwise or deliver their voting papers to the returning

ficer at the address given by him for the purpose. 6. On the day and at the time and place appointed for the purpose by the returning

ficer the votes cast by voting papers received by the returning

ficer before that day shall be counted in the presence

the returning

ficer by a chartered or other qualified auditor appointed by the returning

ficer. 7. Where at an election there are one or more casual vacancies to be filled, the elected person who receives the greatest number

votes shall be deemed to have been elected to fill the vacancy which is not a casual vacancy, and the other elected person or persons shall be deemed to have been elected to fill the said casual vacancy or vacancies and, if more than one, on the basis that the person receiving the greater number

votes is elected to fill the vacancy having the greater term

fice unexpired. 8. Where at an election any two persons receive an equal number

votes, that one

them whose name was first entered on the register shall be deemed to have received the higher number. 9. Votes cast by voting papers received by the returning

ficer on or after the day appointed by him for the counting

the votes shall not be counted. 10. The method

sending, receiving and counting voting papers shall be such as to secure the secrecy

the voting. 11. Every candidate shall be entitled to be present at the counting

the votes and no other person shall be present without the consent

the returning

ficer. 12. When the counting

the votes is completed the returning

ficer shall send the name or names

the person or persons elected and such other particulars relating to the election as may be required under this order in writing signed by him to the Council. GIVEN under the

ficial Seal

the Government, this 12th day

April 1988. CHARLES J. HAUGHEY, Taoiseach. EXPLANATORY NOTE. This Order confirms a new Agreement on Veterinary Surgeons between this country and the United Kingdom. The new Agreement terminates as from 31 May, 1988 the existing arrangements under the previous

(1972)Agreement for holders

Irish veterinary degrees to obtain, in addition to registration in the Irish Veterinary Register, registration in the United Kingdom Register; for Irish representation on the Council

the Royal College

Veterinary Surgeons; for representation

the latter on committees

inquiry set up by the Irish Veterinary Council in disciplinary cases and for other incidental matters. However, the new Agreement provides for the retention

membership

the Royal College

Veterinary Surgeons by those veterinary surgeons on the Irish Register who had obtained it before 31 May, 1988. Mutual recognition

veterinary qualifications as between Ireland and the U.K. is now provided for under Directives

the European Communities. The Order also provides for the reconstitution

the Irish Veterinary Council, which will consist

twelve elected members and five appointed members.

the latter, three shall be appointed by the Minister for Agriculture and Food,

whom two shall not be registered veterinary surgeons and two by University College Dublin as the degree-awarding institution,

whom at least one shall be a registered veterinary surgeon. The Order also provides for certain consequential changes relating to the quorum for Council meetings and the election

members

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