Veterinary Surgeons Qualifications (EEC Recognition) Order 1980
| Jurisdiction | UK Non-devolved |
1980 No. 1951
VETERINARY SURGEONS
The Veterinary Surgeons Qualifications (EEC Recognition) Order 198017thDecember 1980
21stDecember 1980
At the Court at Buckingham Palace, the 17th day of December 1980
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Veterinary Surgeons Qualifications (EEC Recognition) Order 1980 and shall come into operation on 21st December 1980.
Interpretation
2. In this Order—
"the Council" means the Council of the Royal College of Veterinary Surgeons;
"the disciplinary committee" means the disciplinary committee of the Council;
"national", in relation to a member State, means the same as in the Community Treaties, 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(b) is not to benefit from Community provisions relating to the free movement of persons and services;
"the Recognition Directive" means Community Council Directive No. 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine(c);
"the registrar" means the registrar appointed by the Council under section 9(1) of the Veterinary Surgeons Act 1966(d); and
(a) 1972 c. 68.
(b) See Cmnd. 5179-I, p. 247.
(c) O.J. No. L. 362, 23.12.78, p. 1.
(d) 1966 c. 36.
"the Training Directive" means Community Council Directive No. 78/1027/EEC concerning the co-ordination of provisions in respect of the activities of veterinary surgeons(a).
Recognition of European Community qualifications in veterinary medicine
3.—(1) In section 2(2) of the Veterinary Surgeons Act 1966 (persons entitled to be registered in the register of veterinary surgeons), in paragraph (a), for the words "section 3 or 4" there shall be substituted the words "section 3, 4 or 5A".
(2) After section 5 of that Act there shall be inserted the following section—
"Right of holders of recognised European qualifications to be registered.
5A.—(1) Subject to the provisions of this Act and any Order in Council under section 2(2) of the European Communities Act 1972 a person who is a national of a member State and holds a recognised European qualification in veterinary surgery, that is to say—
(a) any scheduled European qualification in veterinary surgery granted in a member State on or after the date on which that State implemented the Training Directive; or
(b) any European qualification in veterinary surgery granted in a member State before that State implemented the Training Directive,
shall be entitled to be registered in the register and on being so registered shall become a member of the College.
(2) A person holding a scheduled European qualification granted in a member State before it implemented the Training Directive shall not be entitled to be registered by virtue of that qualification unless, either—
(a) he produces to the registrar a certificate of the competent authority of that State that the qualification guarantees that his training satisfies the requirements laid down by the Training Directive; or
(b) he produces to the registrar a certificate of the competent authority of any member State that he has lawfully practised veterinary surgery for at least three consecutive years during the five years preceding the date of the certificate.
(3) A person holding a European qualification granted in a member State before it implemented the Training Directive which is not a scheduled European qualification shall not be entitled to be registered by virtue of that qualification unless he produces to the registrar such a certificate as is required by subsection (2)(b) above.
(4) For purposes of this section a member State is to be regarded as having implemented the Training Directive on the date notified to the Commission as that on which it did so.
(5) In this section—
"competent authority" means an authority or body designated by a member State in accordance with the Recognition Directive;
"the Recognition Directive" means Community Council Directive No. 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine;
"scheduled European qualification" means a qualification specified in Schedule 1A to this Act; and
(a) O.J. No. L. 362, 23.12.78, p. 7.
"the Training Directive" means Community Council Directive No. 78/1027/EEC concerning the co-ordination of provisions in respect of the activities of veterinary surgeons."
(3) In section 6(6) of that Act (Commonwealth and foreign qualifications) for the words after "outside the Commonwealth" there shall be substituted the words ", but no person shall be entitled to be registered under this section by virtue of a qualification granted in a member State if he is a national of that State and the qualification is a recognised European qualification which would entitle him to be registered under section 5A of...
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