SCHEDULE
Article 2
Amendments to the Veterinary Surgeons Act 1966
1. Section 1A (functions of the College as competent authority)
After section 1 (the Council of the Royal College of Veterinary Surgeons) insert the following—
“(1A) Functions of the College as competent authority(1) (The College’s European functions)
“(1A) Functions of the College as competent authority
(1)
(1) (The College’s European functions) For the purposes of Directive 2005/36/ECthe College is the competent authority in the United Kingdom as concerns veterinary surgeons.
(2)
(2) The designation of the College under subsection (1) does not extend to the awarding of veterinary degrees.
(3)
(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)
(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)
(5) Each university in the United Kingdom for which a recognition order is in force is for the purposes of Directive 2005/36/ECa competent authority in the United Kingdom as concerns the awarding of veterinary degrees.
(6)
(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)
(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)
(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/ECof 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/ECof the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector.
(9)
(9) In this section “mutual-recognition functions” means the functions specified in Directive 2005/36/ECthat 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.”.
2. Amendment of section 2 (register of veterinary surgeons)
In section 2(2)—
(a) for “four”, substitute “five”; and
(b) after paragraph (d) insert—
“; and
(e)
(e) one, to be called the visiting European list, of persons entitled to be so registered under Schedule 1B to this Act”.
3. Amendment of section 3 (right of holders of university degrees to be registered)
In section 3(1)(b), for the words from “degree” to the end of the paragraph substitute—
“degree—
(i)
(i) will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery; and
(ii)
(ii) will have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,”.
4. Amendment of section 4 (examination by the College of students of certain universities)
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.”.
5. Amendment of section 5 (supervisory functions of the Council)
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—
“Registration of Community rights entitled persons: European qualifications
5A.—(1) A person who is a Community rights entitled person is entitled to be registered in the register if—
(a)
(a) the person is an eligible European veterinary surgeon (see Schedule 1A);
(b)
(b) the person applies to be so registered by producing to the registrar the documentation specified in subsection (3); and
(c)
(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)
(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)
(b) any additional documentation required pursuant to Schedule 1A;
(c)
(c) if the person is a national of a relevant European State other than the United Kingdom, proof of the person’s nationality;
(d)
(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)
(e) evidence of the person’s character.
(4) Subsection (5) applies where the registrar...
