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S.I. No. 745 of
2007
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EUROPEAN
COMMUNITIES (VETERINARY PRACTICE ACT 2005) (QUALIFICATIONS IN VETERINARY
MEDICINE) REGULATIONS 2007
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 13th November, 2007.
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I, MARY COUGHLAN,
Minister for Agriculture, Fisheries and Food, in exercise of the powers
conferred on me by section 3 of the European Communities Act 1972 (No. 27 of
1972) for the purpose of giving effect to Council Directive 2005/36/EC 1
of 7 September 2005, in so far as that
Directive relates to veterinary medicine, hereby make the following
Regulations—
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1. These
Regulations may be cited as the European Communities (Veterinary Practice
Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007.
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2.
Paragraph 3(b) comes into operation on 1 July 2008.
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3. The Veterinary
Practice Act 2005 (No. 22 of 2005) is amended—
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(a) by the
substitution, for section 43, of—
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“43. (1) The Council, when
exercising its functions under Section 13(2)(d) and Part 6,
shall satisfy itself that Articles 21(6) and 38 of the Mutual Recognition
Directive have been complied with by a provider of a programme of education
in the State.
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(2) The Council, on
application to it in that behalf in writing by a person to whom subsection
(3) applies, in accordance with regulations under section 52(1),
and on payment to it of the fee prescribed under section 33, shall
register the person as a veterinary practitioner.
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(3) For the purposes of subsection
(2), this subsection applies to a person who shows to the satisfaction
of the Council that he or she—
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(a) (i) holds a diploma, certificate or other evidence of
formal qualification in veterinary medicine awarded in accordance with
Article 21(1) of the Mutual Recognition Directive, or
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(ii) holds a diploma,
certificate or other evidence of formal qualification in veterinary medicine
referred to in Article 23(1), (2), (3), (4), (5) or (6) or Article 39 of the
Mutual Recognition Directive and where the certification required by those
Articles has been given by the competent authority of the home relevant State,
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(b) is a national of
the State or a relevant State,
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(c) is of good
character and repute and is not an undischarged
bankrupt,
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(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
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(e) is not
prohibited from practising, or suspended from the practice of, veterinary
medicine, either under Part 7 or provisions corresponding to those
contained in that Part that apply in another state, by reason of a
conviction for an offence, or serious misconduct in connection with the
carrying out of professional duties as a veterinary practitioner.
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(4) The Council, on
application to it in that behalf in writing by a person to whom subsection
(5) applies, in accordance with regulations under section 52(1),
and on payment to it of the fee prescribed under section 33, shall
register the person as a veterinary practitioner.
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(5) For the purposes of subsection
(4), this subsection applies to a person who shows to the satisfaction
of the Council that he or she—
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(a) holds a diploma,
or certificate, or as regards whom there is evidence of formal qualification
as a veterinary practitioner granted by the competent authority of a third
country where the diploma, certificate or other evidence had been recognised
by a relevant State for the purpose of the practice of veterinary medicine
in that State,
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(b) has a minimum of
3 years professional experience as a veterinary practitioner in the relevant
State referred to in subparagraph (a),
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(c) is a national of
the State or a relevant State,
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(d) is of good
character and repute and is not an undischarged
bankrupt,
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(e) 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
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(f) is not
prohibited from practising or suspended from the practice of, veterinary
medicine, either under Part 7 or provisions corresponding to those
contained in that Part that apply in another state, by reason of a
conviction for an offence, or serious misconduct in connection with the
carrying out of professional duties as a veterinary practitioner.
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(6) The Council, on
application to it in that behalf in writing by a person to whom subsection
(7) 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 practitioner.
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(7) For the purposes of subsection
(6), this subsection refers to a veterinary practitioner 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—
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(a) has complied
with Article 13 of the Mutual Recognition Directive,
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(b) is a national of
the State or a relevant State,
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(c) is of good
character and repute and is not an undischarged
bankrupt,
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(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
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(e) is not
prohibited from practising, or suspended from the practice of, veterinary
medicine, either under Part 7 or provisions corresponding to those
contained in that Part that apply in another state, by reason of a
conviction for an offence, or serious misconduct in connection with the
carrying out of professional duties as a veterinary practitioner.
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(8) Parts 1 and 2
of Schedule 3 apply to applications made under subsections (2),
(4) and (6).
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(9) Where a person who is
legally established as a veterinary practitioner in a relevant State and
who—
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(a) wishes to
provide veterinary services within the limits and under the conditions laid
down in Article 5 of the Mutual Recognition Directive, and
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(b) furnishes—
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(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,
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(ii) a certificate from the
competent authority of the relevant State where the applicant is
established, which confirms such establishment and that he or she is
lawfully practising as a veterinary practitioner in that State,
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(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 practitioner, and
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(iv) proof of nationality,
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and the documents referred
to in this paragraph are in order, the Council shall register that person as
a veterinary practitioner for a period not exceeding 12 months.
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(10) If the Council is
satisfied to do so and, on application to it in that behalf from the person
referred to in subsection (9), it may renew the registration for
further periods not exceeding 12 months, provided that, in relation to an
application for such renewal, the person complies with paragraphs (a)
and (b) of subsection (9).
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(11) Parts 1 and 3
of Schedule 3 apply to applications made under subsections (9)
and (10).
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(12) If the Council decides
that a person who applies to it for registration under this section 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.
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(13) A person who receives a
notification under subsection (12) 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.
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(14) On the hearing of an
appeal under this section, the High Court may make—
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(a) an order
affirming or setting aside any decision of the Council relating to the
application for registration concerned,
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(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
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(c) any other order
that it considers appropriate.
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(15) In this section, in section
95(7) to (15) and in Schedule 3—
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“competent authority”
means—
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(a) in relation to a
relevant State, the authority designated in accordance with Article 56(3) of
the Mutual Recognition Directive, and
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(b) in relation to
the State, the Council;
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“home relevant State” in
relation to a veterinary practitioner, 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 practitioner;
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“Mutual Recognition
Directive” means Directive 2005/36/EC of the European Parliament and of the
Council on the recognition of professional qualifications;
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“relevant State” means—
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(a) a Member State
(other than the State) of the European Communities,
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(b) a State that is
a contracting State to the EEA agreement within
the meaning given to that phrase in the European Communities (Amendment) Act
1993 , and
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(c) the Swiss
Confederation;
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“third country” means a
country that is not a relevant State or the State;
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“Treaties” means—
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(a) the Treaty
relating to the accession of the Hellenic Republic to the European
Communities and the European Atomic Energy Community, signed at Athens on
the 28th day of May 1979,
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(b) the Treaty
relating to the accession of the Kingdom of Spain and the Portuguese
Republic to the European Communities and the European Atomic Energy
Community, signed on the 12th day of June 1985,
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(c) the Treaty
concerning the accession of the Kingdom of Norway, the Republic of Austria,
the Republic of Finland and the Kingdom of Sweden to the European
Communities signed at Corfu on the 24th day of June 1994,
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(d) the Treaty
relating to the accession of the Czech Republic, the Republic of Estonia,
the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania,
the Republic of Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic to the European Union, signed
at Athens on the 16th day of April 2003,
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(e) the Treaty
concerning the accession of the Republic of Bulgaria and Romania to the
European Union, signed at Luxenbourg on the 25th
day of April 2005.
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“veterinary practitioner”
has the same meaning as “veterinary surgeon” in the Mutual Recognition
Directive.
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(16) A word or expression that
is used in this section, section 95(7) to (12) or in Schedule 3
and is also used in the Directives referred to in this section, section
95(7) to (12) or in Schedule 3 has, unless the contrary intention
appears, the same meaning in this section, section 95(7) to (12) and
in Schedule 3 as it has in those Directives”,
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(b) by the insertion,
after subsection (6), in Section 95 of—
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“(7) The Council, on
application to it in that behalf in writing by a person to whom subsection
(8) 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.
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(8) For the purposes of subsection
(7), this subsection refers 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—
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(a) has complied
with Article 13 of the Mutual Recognition Directive,
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(b) is a national of
the State or a relevant State,
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(c) is of good
character and repute and is not an undischarged
bankrupt,
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(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
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(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 a
conviction for an offence, or serious misconduct in connection with the
carrying out of professional duties as a veterinary nurse.
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(9) Parts 1 and 2
of Schedule 3 apply to an application made under subsection (7).
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(10) Where a person who is
legally established as a veterinary nurse in a relevant State and who—
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(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
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(b) furnishes—
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(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,
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(ii) a certificate from the
competent authority of the relevant State where the applicant is
established, which confirms such establishment and that he or she is
lawfully practising as a veterinary nurse in that State,
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(iii) where the profession
of veterinary nursing is not regulated in the relevant State where he or she
is established, proof that the person has practised as a veterinary nurse
for not less than two of the ten years preceding the application,
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(iv) 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, and
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(v) proof of nationality,
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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.
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(11) If the Council is
satisfied to do so and, on application to it in that behalf from the person
referred to in subsection (10), it may renew the registration for
further periods not exceeding 12 months, provided that, in relation to an
application for such renewal, the person complies with paragraphs (a)
and (b) of subsection (10).
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(12) Parts 1 and 3 of Schedule
3 apply to applications made under subsection (10).
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(13) If the Council decides
that a person who applies to it for registration under subsections (7)
or (10) 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.
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(14) A person who receives a
notification under subsection (13) 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.
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(15) On the hearing of an
appeal under this section, the High Court may make—
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(a) an order
affirming or setting aside any decision of the Council relating to the
application for registration concerned,
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(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
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(c) any other order
that it considers appropriate.”
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(c) by the
substitution, for Schedule 3, of—
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“ SCHEDULE 3
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MUTUAL RECOGNITION AND
ESTABLISHMENT OF SERVICES
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PART 1
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INTERPRETATION
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1. In this Schedule
“application” means an application for registration under section 43
or section 95(7) or (10).
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PART 2
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PROVISIONS TO APPLY TO
APPLICATIONS UNDER MUTUAL RECOGNITION REQUIREMENTS OF THE EUROPEAN UNION
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1. The Council shall
acknowledge the application as soon as possible and in any event within 1
month of receiving it and shall identify any required documentation which
has not been provided by the applicant or by the competent authority in the
relevant State.
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2. Subject to paragraphs 3
and 4, the Council shall determine the application as soon as possible,
and in any event within—
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(a) 3 months after
receiving all documents prescribed under section 52 or required in the case
of an application by a person referred to in section 43(2),
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(b) 4 months after
receiving all documents prescribed under section 52 or required in
the case of an application by a person referred to in section 43(4)
or (6) or section 95(7).
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3. The Council shall not
consider evidence which does not comply with the second sub-paragraph of
Article 21(1) of the Mutual Recognition Directive.
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4. The Council shall not
consider, in relation to an application under section 43(2), (4) or (6)
or section 95(7), documentation from a competent authority in a
relevant State which is more than three months old on the date such
documentation is submitted to the Council for the purposes of section
43(3)(c) to (e), (5)(d) to (f) or (7)(c) to (e)
or section 95(8)(c) to (e).
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5. The Council, following
determination of an application, may satisfy itself that an applicant has
the necessary linguistic skills in accordance with Article 53 of the Mutual
Recognition Directive and where the Council, in exceptional cases, considers
this to be necessary, it may require the applicant to undergo a language
test.
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6. The Council may require the
competent authorities of a relevant State to confirm or verify any of the
matters referred to in Article 50(2) or (3) of the Mutual Recognition
Directive.
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7. The Council shall ensure
the confidentiality of any information issued or received under Article 50
of the Mutual Recognition Directive.
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8. Prior to registering an
applicant in accordance with section 43(2), (4) or (6), the
Council may require him or her to make a declaration that complies with
Article 50(4) of the Mutual Recognition Directive.
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9. In the case of an
application to which section 43(6) or section 95(7) refers,
the Council, where it considers it appropriate, may apply Article 14 of the
Mutual Recognition Directive.
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10. A person registered under section
43(2), (4) or (6) or section 95(7) shall use the
professional title applicable to that profession on the same basis as a
person trained in the State.
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11. The Council may register
the applicant subject to a condition requiring him or her, when using any
academic title in accordance with Article 54 of the Mutual Recognition
Directive, being an academic title which is relevant to the application, to
indicate by whom it was conferred or awarded.
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12. Where the Council is of
opinion that the academic title to which any diploma, certificate, or other
document on which an application is grounded is capable of being understood
as indicating that a person entitled to use such title or qualification has
pursued a programme of education other than that which he or he has in fact
undergone, the Council may in accordance with Article 54 of the Mutual
Recognition Directive make it a condition of registration that the person
concerned shall use the title, qualification or status in a manner directed
by the Council.
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13. Where a condition is
attached by the Council under this Schedule and there is failure by the
person to whom the condition relates to comply with the condition, the
Council, if it thinks fit, may—
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(a) direct that,
during such period as shall be specified in the direction, his or her
registration shall not have effect, or
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(b) remove his or
her name from the Register.
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14. Where the Council is
requested by a competent authority in another relevant State to furnish
certification as to any matters referred to in Annex VII (1)(d) of
the Mutual Recognition Directive and where such certification relates to its
functions deriving from the aforementioned Directive, it shall do so within
two months of receiving the request.
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PART 3
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PROVISIONS TO APPLY TO
APPLICATIONS THAT RELATE TO PROVISION OF SERVICES
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1. Subject to subparagraph
(2), documents referred to in section 43(9)(b) and section
95(10)(b) shall be furnished to the Council no later than 15 days before
the first day, as notified by the applicant to the Council, on which the
applicant intends to provide such services.
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2. If the applicant cannot furnish
the documents, referred to in section 43(9)(b) or section
95(10)(b), but he or she satisfies the Council that there are compelling
reasons why he or she should commence providing services on the day as
notified by the applicant, as being the first day on which he or she intends
to provide such services, then the documents may be furnished to the Council
within 15 days after that day.
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3. The Council, where it
considers it appropriate to do so, may request from the competent authority
in the relevant State concerned, information on the legality of the
applicant’s establishment, his or her good conduct or confirmation of the
absence of any disciplinary or criminal sanctions related to the practice of
veterinary medicine as a veterinary practitioner or as a veterinary nurse.
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4. The Council, following
determination of an application, may satisfy itself that an applicant has
the necessary linguistic skills in accordance with Article 53 of the Mutual
Recognition Directive and where it, in exceptional cases, considers this to
be necessary, it may require the applicant to undergo a language test.
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5. No fee shall be payable to
the Council in respect of the application, and sections 54 and 58 shall not
apply to the applicant during the period beginning on the day that his or
her application is received and ending on the day that the Council decides
whether or not to register the applicant.
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6. A person registered under section
43(9) shall, for the purposes of providing professional services in the
State, use a professional title on the same basis as a person trained in the
State.
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7. A person registered under section
95(10) shall, for the purposes of providing professional services in the
State—
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(a) use a
professional title which is designated for a veterinary nurse by the
competent authority in the relevant State where he or she is established, or
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(b) where no
professional title is designated for a veterinary nurse in the relevant
State where he or she is established, use the formal qualification which he
or she holds.
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8. In the case of a person
referred to in paragraph 7 of this Part, the Council may, as a condition of
registration, require the person to furnish recipients of his or her
professional services with any relevant information referred to in Article 9
of the Mutual Recognition Directive.
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9. Where a document, referred
to in Article 7(2)(b) of the Mutual Recognition Directive, is issued
by the Council and the Council subsequently takes a decision in respect of
the person concerned in accordance with Section 80, 81, 82 or 84,
the Council shall immediately so inform the competent authority of each
relevant State.
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10. The Council shall
participate in administrative co-operation with competent authorities in
other relevant States in accordance with Article 8(2) and Article 56(1) and
(2) of the Mutual Recognition Directive.”
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GIVEN under my Official Seal,
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6 November 2007
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MARY COUGHLAN,
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Minister for Agriculture, Fisheries and Food.
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EXPLANATORY NOTE
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(This note is not part of
the instrument and does not purport to be a legal interpretation.)
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These Regulations transpose
Directive 2005/36/EC of the European Parliament and of the Council as
regards the regime for mutual recognition of professional qualifications
obtained in another Member State of the European Union, or, in certain
cases, in a Third Country, by veterinary practitioners and veterinary
nurses.
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1 OJ L 255,
30.09.2005, p.22
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