The Veterinary Surgeons' Qualifications (European Recognition) Regulations 2008

JurisdictionUK Non-devolved
CitationSI 2008/1824
  • These Regulations may be cited as the Veterinary Surgeons’ Qualifications (European Recognition) Regulations 2008 and come into force on 6th August 2008.
  • Amend the Veterinary Surgeons Act 1966
  • articles 2 to 11;paragraphs 2 to 4, 7(b) and 8 of the Schedule; andin 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(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
    • .
    (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 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.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.
    For the purposes of Directive 2005/36/EC the College is the competent authority in the United Kingdom as concerns veterinary surgeons.The designation of the College under subsection (1) does not extend to the awarding of veterinary degrees.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.the function of awarding veterinary degrees;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.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.work in close collaboration with competent authorities of other relevant European States;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; andensure the confidentiality of the information which it sends to or receives from a competent authority in another relevant European State.disciplinary action taken;criminal sanctions imposed; orany other serious, specific circumstances,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; orDirective 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.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.for “four”, substitute “five”; andafter 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
    .
    one, to be called the visiting European list, of persons entitled to be so registered under Schedule 1B to this ActIn 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,
    .
    will have acquired the knowledge and skill needed for the efficient practice of veterinary surgery; andwill have satisfied the requirements of Article 38 of Directive 2005/36/EC, as read with Article 22(a) of that Directive,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.
    after consultation with the Council of the College; andif 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,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”.For section 5A substitute—
      (5A) Registration of Community rights entitled persons: European qualifications
    • “(1) A...

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