The Veterinary Surgeonsí Qualifications (European Recognition) Regulations 2008
 

The Veterinary Surgeonsí Qualifications (European Recognition) Regulations 2008

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The Veterinary Surgeonsí Qualifications (European Recognition) Regulations 2008 List of acts
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Crown Copyright Acknowledged
CONTENTS

Statutory Instruments

2008 No. 1824

Veterinary Surgeons

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:

Citation and commencement

1.  These Regulations may be cited as the Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008 and come into force on 6th August 2008.

Amendments to the Veterinary Surgeons Act 1966

2.  Amend the Veterinary Surgeons Act 1966(5) as set out in the Schedule.

Revocations

3.—(1) In the Veterinary Surgeons’ Qualifications (European Recognition) Order 2003(6) the following are revoked—

(a) articles 2 to 11;

(b) paragraphs 2 to 4, 7(b) and 8 of the Schedule; and

(c) in paragraph 7(c) of the Schedule, all of the definitions except the definition of “registration appeals committee”.

(2)   The Veterinary Surgeons’ Qualifications (European Recognition) Order 2007(7) is revoked.

Savings

4.—(1) In this regulation—

“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).

SCHEDULE

Amendments to the Veterinary Surgeons Act 1966

Section 1A (functions of the College as competent authority)

1.  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.”.

Amendment of section 2 (register of veterinary surgeons)

2.  In section 2(2)—

(a) for “four”, substitute “five”; and

(b) after paragraph (d) insert—

“; and

(e) one, to be called the visiting European list, of persons entitled to be so registered under Schedule 1B to this Act”.

Amendment of section 3 (right of holders of university degrees to be registered)

3.  In section 3(1)(b), for the words from “degree” to the end of the paragraph substitute—

“degree—

(i) will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery; and

(ii) will have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,”.

Amendment of section 4 (examination by the College of students of certain universities)

4.  For section 4(1) substitute—

“(1) 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.”.

 
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