The Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008
Made
8th July 2008
Laid before Parliament
11th July 2008
Coming into force
6th August 2008
The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations. Exercising the powers conferred on the Secretary of State by section 2(2) of, as read with paragraph 1A of Schedule 2(3) to, the European Communities Act, the Secretary of State makes the following Regulations.
These Regulations make provision for purposes mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references to provisions of Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications(4) to be construed as references to those provisions as amended from time to time:
These Regulations may be cited as the Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008 and come into force on 6th August 2008.
2-
Amendments to the Veterinary Surgeons Act 1966
Amend the Veterinary Surgeons Act 1966(5) as set out in the Schedule.
“the old law” means the Veterinary Surgeons Act 1966 and the Veterinary Surgeons’ Qualifications (European Recognition) Order 2003 as they stood immediately before the coming into force of these Regulations;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002(8).
(2)
The old law continues (despite the amendment and revocations made by these Regulations) to have effect for the purpose of implementing the Swiss Agreement so far as that Agreement relates to Directive 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services(9) and Directive 78/1027/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons(10).
8th July 2008
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
Section 1A (functions of the College as competent authority)
After section 1 (the Council of the Royal College of Veterinary Surgeons) insert the following—
“The College’s European functions
1A
Functions of the College as competent authority
(1)
For the purposes of Directive 2005/36/EC the College is the competent authority in the United Kingdom as concerns veterinary surgeons.
(2)
The designation of the College under subsection (1) does not extend to the awarding of veterinary degrees.
(3)
In consequence of its designation under subsection (1), the College shall in the United Kingdom carry out (in particular) the mutual-recognition functions as concerns veterinary surgeons.
(4)
The carrying-out of the following functions in the United Kingdom is not entrusted to the College by subsection (3)—
(a)
the function of awarding veterinary degrees;
(b)
any other mutual-recognition functions the carrying-out of which, as concerns veterinary surgeons, is entrusted to any person by or under any enactment other than this section.
(5)
Each university in the United Kingdom for which a recognition order is in force is for the purposes of Directive 2005/36/EC a competent authority in the United Kingdom as concerns the awarding of veterinary degrees.
(6)
The College, in its capacity as a competent authority, shall—
(a)
work in close collaboration with competent authorities of other relevant European States;
(b)
provide assistance to competent authorities of other relevant European States in accordance with and in order to facilitate the application of Directive 2005/36/EC; and
(c)
ensure the confidentiality of the information which it sends to or receives from a competent authority in another relevant European State.
(7)
The College shall exchange information with competent authorities of other relevant European States regarding—
(a)
disciplinary action taken;
(b)
criminal sanctions imposed; or
(c)
any other serious, specific circumstances,
where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of activities under this Act or under Directive 2005/36/EC.
(8)
In exchanging information under subsection (7), the College shall respect personal data protection legislation in the United Kingdom that implements—
(a)
Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data; or
(b)
Directive 2002/58/EC of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector.
(9)
In this section “mutual-recognition functions” means the functions specified in Directive 2005/36/EC that a relevant European State, in giving effect to that Directive, must or may cause to become functions of any of the authorities and bodies designated in that State as competent authorities for the purposes of that Directive.”.
On the application of any university in the United Kingdom for which no recognition order is in force the Privy Council may—
(a)
after consultation with the Council of the College; and
(b)
if it is of the opinion that the training provided to students of veterinary surgery attending at that university satisfies the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,
direct the College to hold examinations in veterinary surgery for the students of veterinary surgery attending at that university; and any such student passing any such examination shall be entitled to be registered in the register and shall on being so registered become a member of the College.”.
In section 5(1) after “veterinary surgery” insert “and will have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive”.
6-
Amendment of section 5A (registration of Community rights entitled persons: European qualification)
For section 5A substitute—
“5A
Registration of Community rights entitled persons: European qualifications
(1)
A person who is a Community rights entitled person is entitled to be registered in the register if—
(a)
the person is an eligible European veterinary surgeon (see Schedule 1A);
(b)
the person applies to be so registered by producing to the registrar the documentation specified in subsection (3); and
(c)
the registrar, where the documentation produced under paragraph (b) shows that the person has been convicted of any criminal offence or offences (whether in the United Kingdom or elsewhere), is of the opinion that the person’s having been convicted of the offence or offences does not render the person unfit to practise veterinary surgery.
(2)
A person shall become a member of the College on being registered under subsection (1).
(3)
The documentation referred to in subsection (1)(b) is—
(a)
evidence of the qualification by virtue of which the person is an eligible European veterinary surgeon and, if—
(i)
that qualification is one listed in Table A of Schedule 1A; and
(ii)
an accompanying certificate is specified in that Table for that qualification,
that certificate;
(b)
any additional documentation required pursuant to Schedule 1A;
(c)
if the person is a national of a relevant European State other than the United Kingdom, proof of the person’s nationality;
(d)
if the person is not a national of a relevant European State other than the United Kingdom, proof that the person is a Community rights entitled person; and
(e)
evidence of the person’s character.
(4)
Subsection (5) applies where the registrar has a reasonable doubt as to the authenticity of documentation that—
(a)
is produced by a person under subsection (1)(b); and
(b)
purports to be documentation specified in the person’s case by subsection (3)(a) or (b).
(5)
Where this subsection applies, the registrar may, before deciding whether the person concerned is entitled under this section to be registered in the register, require from a competent authority of a relevant European State—
(a)
confirmation of the authenticity of the documentation; or
(b)
confirmation that the person fulfils the minimum training conditions set out in Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,
for the purpose of resolving doubt.
(6)
Subsection (7) applies where—
(a)
the evidence of the qualification by virtue of which a person is an eligible European veterinary surgeon was issued after training that included training received in whole or part in an establishment legally established in a relevant European State (“the other training State”) that is not the relevant European State in which the evidence of qualification was issued (“the issuing State”); and
(b)
the registrar has a reasonable doubt as to whether the person is entitled under this section to be registered in the register.
(7)
Where this subsection applies, the registrar before deciding whether the person concerned is entitled under this section to be registered in the register may, for the purpose of resolving doubt, require verification from a competent authority in the issuing State as to—
(a)
whether the training course at the establishment in the other training State has been formally certified by the educational establishment based in the issuing State;
(b)
whether the evidence of qualification issued is the same as that which would have been issued if the course had been followed entirely in the issuing State; and
(c)
whether the evidence of qualification confers the same professional rights in the territory of the issuing State as evidence of a qualification issued where the course had been followed entirely in the issuing State.
(8)
The registrar shall, within one month of receiving documentation from a person under subsection (1)(b)—
(a)
acknowledge receipt of the documentation; and
(b)
inform the person of any missing documentation which is required to establish that the person is entitled under this section to be registered in the register.
(9)
Where the registrar has received documentation from a person under subsection (1)(b), the registrar shall, within three months of receiving all the documentation and information required under this section in the person’s case, give the person notice in writing—
(a)
of the registrar’s decision as to whether the person is entitled under this section to be registered in the register;
(b)
of the reasons for that decision; and
(c)
if the registrar’s decision is that the person is not so entitled, of the person’s right of appeal to the registration appeals committee.
(10)
In subsection (3)(d) “evidence”, in relation to a person’s character, means—
(a)
a document stating the person’s character issued by a competent authority in—
(i)
the relevant European State in which the person obtained the person’s qualification in veterinary science; or
(ii)
(if different) the relevant European State from which the person comes to the United Kingdom; or
(b)
where a document stating the person’s character is not issued by a competent authority in a relevant European State mentioned in paragraph (a), a certificate—
(i)
attesting to the authenticity of a declaration stating the person’s character made by the person on oath, or in solemn form, before a competent judicial or administrative authority, or notary, of that State; and
(ii)
issued by the authority or notary mentioned in sub-paragraph (i),
being a document or (as the case may be) certificate that is not more than three months old when produced to the registrar.
(11)
For the purposes of subsection (10), a document or declaration states a person’s character if it shows—
(a)
that the person has not been held to have been guilty of serious professional misconduct (in the United Kingdom or elsewhere);
(b)
whether or not the person has been convicted (in the United Kingdom or elsewhere) of any criminal offences; and
(c)
the criminal offence or offences (if any) of which the person has been convicted (whether in the United Kingdom or elsewhere).”.
7-
Amendment of section 5B (registration of Community rights entitled persons: knowledge and skill)
For section 5B substitute—
“5B
Registration of Community rights entitled persons: knowledge and skill
(1)
A person who is a Community rights entitled person is entitled to be registered in the register if—
(a)
the person is not entitled under section 5A of this Act to be registered;
(b)
the person’s case falls within regulation 3(9)(a) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007;
(c)
regulations 20 to 26 of those Regulations apply to the person by reason of the operation of regulation 3(4) of those Regulations; and
(d)
the person is permitted to pursue the profession of veterinary surgeon in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the person may be required to undertake pursuant to that Part of those Regulations).
(2)
A person shall become a member of the College on being registered under this section.
5BA
Removal from the register of names of persons who cease to be Community rights entitled persons
(1)
If a person registered in the register pursuant to section 5A or 5B ceases to be a Community rights entitled person, the registrar may remove that person’s name from the register.
(2)
Where the registrar removes a person’s name from the register pursuant to subsection (1), the registrar shall give that person notice that the person’s name has been removed from the register under this section on the ground that the registrar considers that the person has ceased to be a Community rights entitled person.”.
Appeals in connection with registration under section 5A
(1)
If a person who has applied for registration under section 5A is given notice under (and within the period specified in) subsection (9) of that section that the application is refused, the person may appeal to the Council.
(2)
If a person who has applied for registration under section 5A is not given notice of the decision on the application within the period specified in subsection (9) of that section—
(a)
the application is deemed to have been refused at the end of that period; and
(b)
the person may appeal to the Council.
(3)
The deadline for bringing an appeal under subsection (1) is the end of the four months beginning with the day on which the notice is received by the person.
(4)
The deadline for bringing an appeal under subsection (2) is the end of the four months beginning with the last day of the period specified in section 5A(9).
5CA
Appeals in connection with registration under section 5B
(1)
Subsections (2) to (4) apply if a person has made an application for authorisation under Part 3 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 to pursue the profession of veterinary surgeon in the United Kingdom.
(2)
If the person is given notice under (and within the period specified in) regulation 34(2) of those Regulations that the application is refused, the person may appeal to the Council.
(3)
If the person is not given notice of the decision on the application within that period—
(a)
the application is deemed to have been refused at the end of that period; and
(b)
the person may appeal to the Council.
(4)
If the person has not by the end of that period been registered in the register on the basis of entitlement under section 5B, the person may appeal to the Council.
(5)
The deadline for bringing an appeal under subsection (2) is the end of the four months beginning with the day on which the notice is received by the person.
(6)
The deadline for bringing an appeal under subsection (3) or (4) is the end of the four months beginning with the last day of the period referred to in subsection (2).
5CB
Appeals in connection with the visiting European list
If a person claims to be entitled to be registered in the visiting European list, but the person is not registered in that list, the person may appeal to the Council.
5CC
Appeals in connection with removal under section 5BA
(1)
If under section 5BA a person’s name has been removed from the register, that person may appeal to the Council.
(2)
The deadline for bringing an appeal under subsection (1) is the end of the four months beginning with—
(a)
the date of removal of the person’s name from the register; or
(b)
if later, the date when the person receives notification, under section 5BA(2), of the removal.
5CD
Appeals under sections 5C, 5CA 5CB and 5CC
(1)
An appeal to the Council under section 5C, 5CA, 5CB or 5CC shall be referred to the registration appeals committee which may—
(a)
dismiss the appeal;
(b)
allow the appeal and quash the decision appealed against;
(c)
substitute for the decision appealed against any other decision which could have been made; or
(d)
remit the case to the registrar to dispose of in accordance with the directions of the registration appeals committee.
(2)
The registration appeals committee shall, within 28 days of making a decision on an appeal under section 5C, 5CA, 5CB or 5CC, give notice of its decision to the appellant.
(3)
A notice under subsection (2) shall—
(a)
give reasons for the decision of the registration appeals committee; and
(b)
refer to the appellant’s right to appeal to the appropriate court against the decision of the registration appeals committee.
5CE
Appeals from decisions on appeals under sections 5C, 5CA, 5CB and 5CC
(1)
A person who has appealed under section 5C, 5CA, 5BC or 5CC may appeal to the appropriate court against a decision of the registration appeals committee on the appeal.
(2)
The deadline for bringing an appeal under subsection (1) is the end of the 28 days beginning with the day on which the person is under section 5CD(2) notified of that decision.
(3)
The Council may appear as respondent on an appeal under subsection (1) and, for the purpose of enabling directions to be given as to costs (or in Scotland, expenses) of any such appeal, shall be deemed to be a party to the appeal whether they appeared at the hearing or not.
(4)
On an appeal under subsection (1), the appropriate court may—
(a)
dismiss the appeal;
(b)
allow the appeal and quash the decision of the registration appeals committee;
(c)
substitute for the decision appealed against any other decision which could have been made by the registration appeals committee; or
(d)
remit the case to the registration appeals committee to dispose of in accordance with the directions of the court,
and may make such order as to costs (or in Scotland, expenses) as it thinks fit.
(5)
In this section “appropriate court” means—
(a)
a county court; or
(b)
in the case of a person whose address in the register would, if the person were registered, be in Scotland, the sheriff in whose sheriffdom the address is situated.”.
In section 5D(1), for “section 5C(1)” substitute “sections 5C, 5CA, 5CB and 5CC”.
10-
Amendment of section 6 (qualification for registration as a Commonwealth or foreign practitioner)
(1)
In section 6, after subsection (1) insert—
(1A)
The Council, when deciding for the purposes of this section what standard of knowledge and skill is required to fit a person for practising veterinary surgery in the United Kingdom, must select a standard that is the same as, or exceeds, the standard of knowledge and skill that would be possessed by a person holding qualifications satisfying the minimum training requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of Directive 2005/36/EC.”.
(2)
In section 6(2), for “the said knowledge and skill” substitute “the requisite knowledge and skill to fit the person for practising veterinary surgery in the United Kingdom”.
Schedule 1B (provision for registration in the visiting European list of the register in connection with services provided on a temporary and occasional basis) shall have effect.”.
Regulations under this section may not prescribe fees in connection with registration in, or restoration or retention of registration in, the visiting European list of the register.”.
In section 16(1), for “register” in paragraph (c), substitute—
“register; or
(d)
a person registered in the register otherwise than under Schedule 1B misconducts himself in a professional respect, and as a result—
(i)
ceases, in any relevant European State other than the United Kingdom, to be registered or recognised as a veterinary surgeon; or
(ii)
is prohibited, in any relevant European State other than the United Kingdom, from practising (whether on a permanent or temporary basis) as a veterinary surgeon,”.
For the definition of “Commonwealth qualification” substitute—
““Commonwealth qualification” means a qualification granted in a place that is not within a relevant European State but is within the Commonwealth;”.
(3)
For the definition of “foreign qualification” substitute—
““foreign qualification” means a qualification granted in a place that is neither within a relevant European State nor within the Commonwealth;”.
(4)
Omit the definition of “member State”.
(5)
Omit the definition of “national”.
(6)
In the appropriate places, insert—
““Community rights entitled person” means—
(a)
a national of a relevant European State other than the United Kingdom;
(b)
a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties and who is seeking access to, or is pursuing, the profession of veterinary surgeon by virtue of an enforceable Community right; or
(c)
a person who is not a national of a relevant European State but who is, by virtue of any enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of veterinary surgeon, no less favourably than a national of a relevant European State,
but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services;;”;
““competent authority” (except in section 1A(1), (5) and (9)) means, in relation to a relevant European State, any authority or body designated in that State as a competent authority for the purposes of Directive 2005/36/EC as concerns veterinary surgery;”;
““Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, as amended from time to time;”; and
