Statutory Instruments
Veterinary Surgeons
Made
25th November 2010
Coming into force
31st March 2011
At the Council Chamber, Whitehall, the 25th day of November 2010
By the Lords of Her Majesty-™s Most Honourable Privy Council
The Council of the Royal College of Veterinary Surgeons, in exercise of the powers conferred by section 11 of the Veterinary Surgeons Act 1966(1), have made the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations 2010 ("the Regulations") set out in the Schedule to this Order.
By virtue of section 25(1) of that Act, the Regulations do not have effect unless approved by order of the Privy Council.
In exercise of the power conferred by section 25(1) and (2) of the Veterinary Surgeons Act 1966, their Lordships make the following Order.
1. This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations Order of Council 2010 and comes into force on 31st March 2011.
2. The Regulations set out in the Schedule are approved.
3. The Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations Order of Council 2005(2), the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2007(3) and the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2008(4) are revoked.
Judith Simpson
Clerk of the Privy Council
Article 2
The Council of the Royal College of Veterinary Surgeons, in exercise of its powers under section 11 of the Veterinary Surgeons Act 1966, makes the following Regulations.
1. These Regulations may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations 2010.
2.-(1) In these Regulations, unless the context otherwise requires-
"the Act" means the Veterinary Surgeons Act 1966;
"appropriate form" means a form issued by the Council(5) for the type of application in question;
"the Disciplinary Committee" means the disciplinary committee of the Council;
"notify" includes making a communication by electronic means;
"practise or practising" means (whether or not for remuneration) undertaking acts of veterinary surgery as defined in section 27(1) of the Act or otherwise engaging in any activity which is, in the opinion of the Council, veterinary-related;
"register address" means-
the practising address at which a registrant is established and from where the registrant provides veterinary services; or
"registrant" means a veterinary surgeon or veterinary practitioner;
"the registrar" means the registrar of the College;
"retention fee year" means the period running from 1st April to the next following 31st March;
"the supplementary veterinary register" means the register of veterinary practitioners maintained under section 8 of the Act;
"United Kingdom" means the geographic area comprising the United Kingdom, Channel Islands and the Isle of Man;
"veterinary practitioner" means a person registered in the supplementary veterinary register; and
"veterinary surgeon" means a person registered in the register.
(2) In these Regulations a requirement that an application is to be made on the appropriate form shall imply that the Council is entitled to require completion of the form, whether on paper or by electronic means, to its satisfaction.
3.-(1) The register shall be composed of the five lists referred to in section 2(2) of the Act(8).
(2) The register and the supplementary veterinary register shall include the following published particulars of each registrant-
(a)the type of the registrant-™s registration status, being one of the following-
(i)"UK Practising", applicable to a veterinary surgeon who is registered and has become a member of the College and is or has been established and practising in the United Kingdom and wishes to have or retain the full rights to practise veterinary surgery and all related activities in the United Kingdom;
(ii)"UK Practising (Post-graduate)", applicable to a veterinary surgeon who is registered and has become a member of the College and who has applied in the appropriate form and been approved for this status in accordance with the Council policy for UK post-graduate members prior to the commencement of these Regulations;
(iii)"Practising outside the UK", applicable to a veterinary surgeon who is registered and has become a member of the College and is practising but not in the United Kingdom;
(iv)"Non-practising" (or "Non-practising over-70"), applicable to a veterinary surgeon who is registered and has become a member of the College, but who is no longer practising, either for a temporary period or long term;
(v)"Temporary Registrant", applicable to a veterinary surgeon who is ineligible for full registration and membership of the College and who has been granted registration under section 7 of the Act subject to restrictions applicable for a fixed period;
(vi)"Visiting European Veterinary Surgeon", applicable to a veterinary surgeon who is registered under section 7A of the Act, is established in another European Member State and is visiting the UK to provide services on a temporary and occasional basis; or
(vii)"Veterinary Practitioner", applicable to a person registered in the supplementary veterinary register.
(b)full name and any change of name since first registration;
(c)register address;
(d)(for all registrants except veterinary practitioners) the primary veterinary qualification entitling the registrant to have their name entered in the register under sections 3, 4, 5A, 5B, 6 or 7 of the Act, showing-
(i)title of qualification;
(ii)name of college or university at which the qualification was obtained; and
(iii)date of graduation;
(e)the registration number allocated on first registration by the College; and
(f)date of first admission to the register.
4. The register shall show the following additional information for each person whose registration status is that of Temporary Registrant-
(a)period of registration;
(b)place or places at which veterinary surgery may be practised;
(c)any other conditions or restrictions relating to the practising of veterinary surgery; and
(d)the name of a responsible Member of the Royal College of Veterinary Surgeons or Fellow of the Royal College of Veterinary Surgeons.
5. The register shall show the following additional information for each person whose registration status is that of Visiting European Veterinary Surgeon-
(a)name of the registration authority in that person-™s country of establishment; and
(b)period of registration in the United Kingdom.
6. A registrant may request that any additional qualifications that the Council has, in accordance with its policy, authorised to be inserted in the register are also shown on the register.
7. The register shall also contain the following information, which shall not be published, for each registrant-
(a)electronic mail address, where available;
(b)telephone number; and
(c)date of birth.
8.-(1) A registrant may provide an alternative address for correspondence or other purposes, which may include an email address and a telephone number.
(2) An address provided in accordance with paragraph (1) shall not be published on the register.
9.-(1) An application to the registrar under section 10 of the Act for the inclusion of a name in the register shall be made on the appropriate form.
(2) All applicants for registration of any type in the register shall produce or send to the registrar (in addition to the information required by section 5A or 10 of, or Schedule 1B to, the Act)-
(a)the original document conferring or evidencing their qualification for registration;
(b)such other supporting evidence as the Council may require in a particular case to establish whether the applicant is entitled to be registered or not; and
(c)the registration fee specified in paragraph 1 of the Schedule.
10. The registrar may refuse to make in or restore to the register any entry until the fees prescribed by these Regulations have been paid.
11. A registrant shall notify the registrar within 28 days of any changes to the particulars entered in the register or the supplementary veterinary register.
12.-(1) Not later than 14th March in each year the registrar shall send to the register address of every registrant whose registration will expire on 31st March in the same year a notice relating to the retention of a name in the register.
(2) The notice shall contain the following-
(a)the amount of the retention fee payable or balance due;
(b)a warning that failure to pay the amount stated in full by 31st March of the same year may result in the removal of that person-™s name from the register or supplementary veterinary register;
(c)the data held by the College in connection with the register entry; and
(d)a warning that failure to confirm current address and current practising status within six months from the posting of the notice may result in the removal of that person-™s name from the register.
13. Registrants may be requested to complete and return an annual Continuing Professional Development declaration with the confirmation of address and practising status.
14. Where the registrar has not received by 30th April of any year the retention fee due by 31st March in the same year the registrar shall send a warning that failure to pay the fee by 31st May of that year will result in the removal from the register of the name in relation to which the fee is due.
15. Where the registrar has not received by 30th April of any year confirmation of address and practising status, the registrar shall send a warning that failure to confirm address and practising status by 30th September of that year may result in the removal from the register, under section 13(3) of the Act, of the name in relation to which the confirmation has been requested.
16.-(1) The annual retention fee payable for any retention fee year is to be determined by reference to a registrant-™s registration status as at 1st April in that retention fee year.
(2) Changes of registration status have effect from the date of receipt by the registrar of a notification made in accordance with regulation 28 or 29 and shall not be backdated.
17.-(1) Where the registrar receives information from a registrant or otherwise that an entry in the register or the supplementary veterinary register is incorrect, or application is made by or on behalf of a registrant for an entry to be corrected, the registrar shall make the required correction if satisfied by means of a statutory declaration or otherwise that the information is true.
(2) No charge may be made for a correction under this regulation.
18. The registrar shall remove from the register or the supplementary veterinary register, or suspend the registration of, the name of any registrant as soon as a direction to that effect from the disciplinary committee under section 16 of the Act takes effect under section 17(3) of the Act.
19.-(1) Where the registrar has not received the full retention fee outstanding from a veterinary surgeon by 31st May in any year, having sent the warnings referred to in regulations 12 and 14, the registrar shall remove that person-™s name from the register.
(2) The registrar may defer removal of the name of a veterinary surgeon from the register under paragraph (1) if that veterinary surgeon is the subject of proceedings which may lead to removal from the register under regulation 18.
(3) If the disciplinary committee do not direct that a name be removed from the register as a result of proceedings referred to in paragraph (2), the veterinary surgeon the subject of those proceedings shall pay all outstanding fees within 28 days of the date of service by the registrar of notice of the disciplinary committee-™s direction.
(4) If the registrar has not received the full retention fee outstanding from a veterinary surgeon within 28 days of service of the notice of the direction, the registrar shall remove that person-™s name from the register.
20. Non-receipt of a notice by a registrant does not affect the registrar-™s authority to remove that person-™s name from the register or supplementary veterinary register, nor does it constitute a ground for retention on, or restoration to, the register or supplementary veterinary register without payment of the appropriate fee.
21.-(1) An application by a registrant for removal of that registrant-™s name from the register or the supplementary veterinary register shall-
(a)be on the appropriate form;
(b)state the ground on which the application is made; and
(c)be accompanied by a signed declaration that the applicant is not aware of any reason for the institution of proceedings which may lead to the removal of the name under sections 16 and 17 of the Act.
(2) In addition to the removal of names from the register under section 13(2) of the Act, the registrar may remove from the register or the supplementary veterinary register the name of any registrant who ceases to practise in the UK and who applies in accordance with paragraph (1).
22.-(1) An application for restoration under section 18 of the Act of a name removed from the register under regulation 18 shall-
(a)be on the appropriate form; and
(b)be accompanied by the restoration fee specified in paragraph 3 of the Schedule together with the appropriate proportion of the retention fee due under paragraph 2 of the Schedule, calculated by reference to the date on which the restoration is to take place, unless restoration takes place in the year in which the name was removed or suspended, in which case no additional fee is payable.
(2) Restoration pursuant to a direction under section 18(1) or (2) of the Act takes effect as soon as the registrar has-
(a)issued a written notification of the direction; and
(b)received the application and the fees specified in paragraph (1).
23.-(1) An application for restoration under section 11(3) of the Act of a name removed from the register under regulation 19 shall-
(a)be on the appropriate form; and
(b)be accompanied by the restoration fee specified in paragraph 4 of the Schedule together with the appropriate retention fee due under paragraph 2 of the Schedule in respect of the full fee year in which the restoration is to take place.
(2) Restoration pursuant to such an application shall be to the same status type as at the time of removal and takes effect on the date of receipt of the appropriate form and fee.
(3) In the case of a second or subsequent removal under the provisions of regulation 19, the restoration fee payable is the fee specified in paragraph 4 of the Schedule multiplied by the number of occasions on which the applicant for restoration has been so removed.
(4) Where the name of the applicant for restoration has not been included in the register or the supplementary veterinary register during the period of one year immediately preceding the date of the application, evidence establishing to the satisfaction of the registrar the applicant-™s identity and good character shall be required.
24.-(1) An application for restoration under section 13(4) of the Act of a name removed from the register under the provisions of section 13(3) of the Act shall-
(a)be made on the appropriate form; and
(b)be accompanied by the restoration fee specified in paragraph 5 of the Schedule together with the appropriate retention fee due under paragraph 2 of the Schedule and any outstanding retention fee due for the retention fee year in which the restoration takes place.
(2) Restoration pursuant to such an application shall be to the same status type as at the time of removal and takes effect on the date of receipt of the appropriate form and fee.
(3) In the case of a second or subsequent removal under the provisions of section 13(3), the restoration fee payable is the fee specified in paragraph 5 of the Schedule multiplied by the number of occasions on which the applicant for restoration has been so removed.
25.-(1) An application for restoration under section 13(4) of the Act or under paragraph (3) of a name removed from the register under the provisions of section 13(2) of the Act or regulation 21(2) shall-
(a)be made on the appropriate form; and
(b)be accompanied by the restoration fee specified in paragraph 5 of the Schedule together with the appropriate proportion of the retention fee due under paragraph 2 of the Schedule calculated by reference to the date on which the restoration is to take place.
(2) Restoration pursuant to such an application takes effect on the date of receipt of the appropriate form and fee.
(3) In addition to the restoration of names to the register under section 13(4) of the Act, the registrar shall restore to the register or the supplementary veterinary register the name of any veterinary surgeon or veterinary practitioner whose name has been removed under regulation 21(2) on that registrant-™s application, unless the original entry of the name was incorrectly or fraudulently made.
(4) Where the name of the applicant for restoration has not been included in the register or the supplementary veterinary register during the period of one year immediately preceding the date of the application, evidence establishing to the satisfaction of the registrar the applicant-™s identity and good character shall be required.
26.-(1) A person applying for entry in the register shall pay a registration fee as specified in paragraph 1 or 6(ii) of the Schedule.
(2) New graduates who register by 31st December following graduation shall pay a reduced registration fee as specified in paragraph 1 of the Schedule.
(3) A veterinary surgeon undergoing a course of study of six months-™ duration or less arranged by a veterinary practice or group of such practices for the purpose of improving clinical skills, where the veterinary surgeon concerned is a national of a developing country which is included in a list approved by the Council shall pay the registration fee specified in paragraph 6(i) of the Schedule.
(4) If an application for registration is refused, or is withdrawn before registration is complete, 85% of the registration fee paid shall be refunded to the applicant.
(5) This regulation does not apply in relation to a person whose registration status is that of a Visiting European Veterinary Surgeon.
27.-(1) Subject to the provisions of regulations 28 to 30 and regulation 32, the retention fee to retain a name in the register or in the supplementary veterinary register is the amount specified in paragraph 2 of the Schedule.
(2) The whole fee is payable before the beginning of the retention fee year to which it relates, or, in the case of a person whose status is that of a Temporary Registrant, annually, prior to the anniversary of the date of registration.
28.-(1) A veterinary surgeon who has paid the relevant retention fee specified in paragraph 2 of the Schedule having been practising outside the United Kingdom and who returns to practise in the United Kingdom before 1st October of the retention fee year in relation to which that fee was paid shall-
(a)notify the registrar on the appropriate form; and
(b)pay an additional sum, being 50% of the difference between the retention fees specified in paragraphs 2(i) and 2(iii) of the Schedule.
(2) A veterinary surgeon who has paid the relevant retention fee specified in paragraph 2 of the Schedule for a veterinary surgeon practising in the United Kingdom, and who before 1st October in the retention fee year in respect of which that fee was paid-
(a)leaves the United Kingdom to practise outside the United Kingdom; and
(b)provides the registrar with a signed declaration on the appropriate form that they are no longer practising in the United Kingdom,
is entitled to a refund of a sum, being 50% of the difference between the retention fees specified in paragraphs 2(i) and 2(iii) of the Schedule.
29.-(1) A veterinary surgeon who has paid the relevant retention fee specified in paragraph 2 of the Schedule, and who before 1st October in the retention fee year in respect of which the fee was paid-
(a)ceases to practise, and
(b)provides the registrar with a signed declaration on the appropriate form that they are no longer practising,
is entitled to a refund of a sum, being 50% of the difference between the retention fee for the category into which the veterinary surgeon fell immediately before ceasing to practise, as specified in paragraph 2(i) or 2(iii) of the Schedule, and the fee specified in paragraph 2(v) of the Schedule.
(2) A veterinary surgeon who has paid the retention fee specified in paragraph 2(v) of the Schedule, having provided the registrar with a signed declaration under paragraph (1) and who, before 1st October in the retention fee year in respect of which the fee was paid, recommences practice shall-
(a)notify the registrar on the appropriate form; and
(b)pay an additional sum, being 50% of the difference between the retention fee specified in paragraph 2(v) of the Schedule, and the appropriate fee as specified in paragraph 2(i) or 2(iii) of the Schedule.
(3) A veterinary surgeon or veterinary practitioner who has provided the registrar with a signed declaration under paragraph (1) and who on 1st April in a retention fee year is over the age of 70 is not required to pay a retention fee in respect of that retention fee year.
(4) A veterinary surgeon or veterinary practitioner who is over the age of 70 and has in accordance with paragraph (1) provided the registrar with a signed declaration under that paragraph, but who subsequently recommences practice shall-
(a)notify the registrar on the appropriate form; and
(b)where they recommence practice before 1st October, pay a fee being 50% of the appropriate retention fee as set out in paragraph 2(i) or 2(iii) of the Schedule for the retention fee year in which practice is recommenced.
30. A veterinary surgeon whose registration status is that of UK Practising (Post-graduate) shall pay 50% of the fee specified in paragraph 2(i) or 2(ii) of the Schedule, as appropriate, for the period specified in the approval issued to that veterinary surgeon by the Council.
31. The fee for restoration of a name to the register or to the supplementary veterinary register is the amount specified in paragraph 3, 4 or 5 of the Schedule, as appropriate.
32.-(1) Payment of any fee due under these Regulations may be made by any method acceptable to the Council, including payment by electronic means, provided that where a member or other registrant pays by credit card an administrative charge of 3% of the fee is payable in addition to the amount of the relevant fee specified in the Schedule.
(2) The administrative charge required by paragraph (1) may be increased or decreased by the amount of any increase or decrease in the fees incurred by the College in respect of payments made to it by credit card.
33.-(1) An application for the transfer of a name from one list to another shall be made on the appropriate form.
(2) In the case of an application for transfer to the general, Commonwealth or foreign list the applicant shall produce or send to the registrar the original document conferring or evidencing their qualifications for registration in such list and such other supporting evidence as the Council may require in a particular case.
(3) Where the Council is satisfied that the applicant is entitled to the transfer it shall direct the registrar to delete the name of the applicant from one register or list, as the case may be, and enter it in the other.
34. A veterinary surgeon-
(a)who had a degree conferred by the University of Dublin or the National University of Ireland and who resides within the Republic of Ireland,
(b)who was registered in the register of the College and became a member before 31st May 1988,
(c)whose sole and principal place of work was at that date, and continues to be, within the area of the jurisdiction of the Veterinary Council of Ireland, and
(d)who continues to maintain the registration in the register of the Veterinary Council of Ireland,
need not pay a retention fee to the Council in respect of continuing registration on the register as a Southern Irish member.
35. The Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations 2005, the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations 2007 and the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations 2008 are revoked.
PURSUANT to a resolution of the Council of the Royal College of Veterinary Surgeons held on 3rd June 2010, the Common Seal of the said Royal College was affixed on the said 3rd June 2010 in the presence of-
(L.S.)
A.J. Trees
President
P.J. Nute
Member of Council
P. Jinman
Member of Council
Regulations 9 and 22 to 31
Amount Payable (£) | |||
---|---|---|---|
1. | Registration | ||
(i) | Entry on the register between 1st April and 30th September | 299 | |
(ii) | Entry on the register between 1st October and 31st March | 150 | |
(iii) | New graduates | 150 | |
2. | Retention on the register or supplementary veterinary register | ||
(i) | for a veterinary surgeon practising in the United Kingdom paying before 1st April | 299 | |
(ii) | for a veterinary surgeon practising in the United Kingdom paying on or after 1st April | 334 | |
(iii) | for a veterinary surgeon practising outside the United Kingdom paying before 1st April | 150 | |
(iv) | for a veterinary surgeon practising outside the United Kingdom paying on or after 1st April | 185 | |
(v) | for a veterinary surgeon other than a veterinary surgeon referred to in regulation 29(3) or (4) who has provided the registrar with a declaration in accordance with regulation 29(1) and who pays before 1st April | 49 | |
(vi) | for a veterinary surgeon other than a veterinary surgeon referred to in regulation 29(3) or (4) who has provided the registrar with a declaration in accordance with regulation 29(1) and who pays on or after 1st April | 84 | |
(vii) | for a veterinary surgeon or veterinary practitioner who has provided the registrar with a declaration in accordance with regulation 29 and is over the age of 70 at 1st April in the year in which a fee would otherwise be due | 0 | |
3. | Restoration to the register pursuant to a direction under section 18(1) or (2) of the Act following removal under section16(2) of the Act on direction of the disciplinary committee | 299 | |
4. | Restoration to the register under section 11(3) of the Act following removal under regulation 19 (failure to pay fee) | 299 | |
5. | Restoration to the register under section 13(4) of the Act or regulation 25 following removal under section 13(2) of the Act or regulation 21(2) (voluntary removal) or following removal under section 13(3) of the Act (non-return of status and address confirmation) | 75 | |
6. | Temporary registration under section 7 of the Act | ||
(i) | for a veterinary surgeon who meets the conditions specified in regulation 26(4) | 150 | |
(ii) | in all other cases | 299 |
(This note is not part of the Order)
This Order approves the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations 2010 ("the Regulations") made by the Council of the Royal College of Veterinary Surgeons ("the RCVS") under section 11 of the Veterinary Surgeons Act 1966 ("the Act"). The new Regulations revoke the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations 2005, the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations 2007 and the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations 2008 and replace them with the Regulations set out in the Schedule. This Order revokes the Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations Order of Council 2005, the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2007 and the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 2008. It comes into force on 31st March 2011.
The Regulations provide for the inclusion in the register of the information which each category of registrant is required to provide under the Act. They contain a requirement for registrants to confirm practising status and address on an annual basis. Failure to return the requested confirmation within six months of the original request may result in removal from the register. They also provide that registrants may be requested to return an annual declaration detailing the continuing professional development which they have undertaken with the confirmation of status and address.
The Regulations provided for changes in fees payable for registration and retention of names on the registers of the RCVS as set out in the Schedule (Table of Fees Payable). The changes are generally increases in the region of 2%, with the following exceptions.
The fee for restoration to the register after removal following a direction of the Disciplinary Committee is increased by 103%. A new fee of £75 for restoration to the register after removal for failure to confirm practising status and address has been introduced. However, the fee for restoration after voluntary removal has been reduced by 49%.
An administration charge of £35 is included in the fees for retaining a name on the register where that fee is paid on or after 1 April, to reflect the extra administrative costs to the RCVS of late payment processing. If an application for registration is refused, or is withdrawn before registration, 15% of the appropriate registration fee is retained as an administration charge to contribute to the costs to the RCVS of considering the application.
The retention fee previously payable on initial registration has been incorporated into the registration fee. Graduates who register in the calendar year in which they graduate are only required to pay half the full fee.
No impact assessment has been produced for this Instrument.
See section 27(1) of the Act for the meaning of "Council".
See section 27(1) of the Act for the meaning of "College".
See section 27(1) of the Act for the meaning of "register".
1966 c. 36. Section 2(2) was amended by S.I. 2003/2919 and 2008/1824.