Veterinary Surgeons
(Jersey) Law 1999[1]
A LAW to regulate the practice of
veterinary medicine and surgery in Jersey, and for connected purposes
Commencement
[see
endnotes]
1 Interpretation
In this Law, unless the
context otherwise requires –
“authority to practise”
means the registration, licence, permit or other authority by virtue of which a
person is authorized to practise veterinary surgery in another country or
territory;
“Minister”
means the Minister for the Environment;
“recognized
veterinary surgeon” means a person whose name is for the time being
entered, in accordance with Article 6, on the list of recognized
veterinary surgeons maintained under that Article;
“States Veterinary
Officer” means a person appointed as such under Article 5 of the Animal
Health (Jersey) Law 2016;
“veterinary surgery”
means the art and science of veterinary medicine and surgery, including –
(a) the
diagnosis of diseases in animals and injuries to animals;
(b) the
performing of tests on animals for diagnostic purposes;
(c) the
giving of advice based on any such diagnosis;
(d) the
medical or surgical treatment of animals; and
(e) the
performing of surgical operations on animals.[2]
2 Right to practise veterinary surgery
No person shall –
(a) practise
veterinary surgery; or
(b) hold
himself or herself out as practising or being prepared to practise veterinary
surgery,
unless the person is a
recognized veterinary surgeon.
3 Eligibility
for recognition[3]
(1) A person is eligible to
be a recognized veterinary surgeon if but only if he or she fulfils the
requirements for registration (which may include a requirement to hold a
prescribed authority to practise) prescribed by Order of the Minister.
(2) An Order made under
paragraph (1) may make such transitional arrangements and savings as the
Minister thinks fit.
4 Applications for recognition[4]
(1) An application to be
recognized as a veterinary surgeon shall be made to the Royal Court.
(2) The application shall
contain such particulars and shall be accompanied by such proof as may be
prescribed, by Order of the Minister, that the person fulfils the requirements
for registration prescribed under Article 3.
5 Recognition of veterinary surgeons
(1) If
the Royal Court is satisfied, on an application under Article 4, that the
applicant is eligible to be a recognized veterinary surgeon –
(a) it
shall grant permission for the applicant’s name to be entered on the list
of recognized veterinary surgeons; and
(b) in
granting permission, it shall specify in its Act the qualifications or
authority to practise by reason of which the applicant is registered in the
register of veterinary surgeons.[5]
(2) If
the Royal Court is not satisfied that an applicant is eligible to be a
recognized veterinary surgeon, it shall refuse to grant the application.
6 List of recognized veterinary surgeons
(1) The
Judicial Greffier shall continue to maintain under this Law the list of
veterinary surgeons prepared and kept under Article 4 of the Loi (1939)
sur l’exercice de la médecine et la chirurgie
vétérinaires dans cette Ile, and that list shall be the list of
recognized veterinary surgeons for the purposes of this Law.
(2) The
Judicial Greffier shall enter on the list –
(a) the
name of each person who is granted permission by the Royal Court under Article 5
for the person’s name to be entered on the list; and
(b) the
qualifications or authority to practise, as specified in the Act of the Court,
by reason of which the person is registered in the register of veterinary
surgeons.[6]
(3) Where
the Royal Court –
(a) orders
under Article 7 that the name of any person be removed from the list; or
(b) orders
under Article 8 that any entry on the list be amended,
the Judicial Greffier shall
amend the list accordingly.
(4) The
list shall remain posted in the Vestibule of the Royal Court House.
6A Suspension of
recognition[7]
(1) This
Article applies where a person is registered in the register of veterinary
surgeons by reason of holding an authority to practise prescribed under Article 3.
(2) The
Royal Court shall order –
(a) the
suspension of the person’s recognition as a veterinary surgeon upon being
satisfied that the person’s authority to practise is suspended;
(b) the
end of the suspension of the person’s recognition as a veterinary surgeon
upon being satisfied that the suspension of the person’s authority to
practise has ended.
(3) An
order may only be made under paragraph (2)(a) on the application of the
Attorney General.
(4) The
Attorney General shall give notice of the application to the veterinary
surgeon.
7 Withdrawal of recognition
(1) The
Royal Court shall order that the name of a person be removed from the list of
recognized veterinary surgeons if it is satisfied that the person has ceased to
satisfy the requirements for registration prescribed under Article 3.[8]
(1A) The
Court may, on the application of a person whose registration has been cancelled
under paragraph (1), rescind the order made under paragraph (1) and
direct that the person’s name be restored to the list, if the Court is
satisfied that the qualification or authority to practise by virtue of which
the person fulfilled the requirements for registration prescribed under Article 3
has been reinstated.[9]
(2) The
Royal Court may order that the name of a person be removed from the list if it
is satisfied that, by reason of having been convicted of any offence, the person
is no longer a fit and proper person to practise veterinary surgery in Jersey.
(3) An
order may only be made under paragraph (1) or (2) on the application of
the Attorney General.
(4) The
Attorney General shall give notice of the application to the veterinary
surgeon.
(5) On
the application of a recognized veterinary surgeon, the Royal Court may order
that that veterinary surgeon’s name be removed from the list.
8 Amendment of list
(1) On
the application of a recognized veterinary surgeon, the Royal Court may order
that the veterinary surgeon’s entry on the list of recognized veterinary
surgeons be amended in respect of that veterinary surgeon’s name,
qualifications or authority to practise.[10]
(2) The
Royal Court shall order that a veterinary surgeon’s name be removed from
the list if it is satisfied that the person has died.[11]
9 Offences
(1) Any
person who contravenes Article 2 shall be guilty of an offence and liable
to a fine of level 3 on the standard scale.[12]
(2) Any
person who, for the purpose –
(a) of
obtaining permission for the person’s name to be entered on the list of
recognized veterinary surgeons;
(b) of
obtaining the removal of the person’s name from the list; or
(c) of
obtaining any amendment of the person’s entry on the list,
wilfully or recklessly
makes any statement that the person knows to be untrue in a material particular
shall be guilty of an offence and liable to imprisonment for a term not
exceeding 12 months or to a fine or to both.
(3) Any
person who aids, abets, counsels or procures the commission of an offence under
paragraph (1) or (2) shall be liable to be dealt with, tried and punished
as a principal offender.
10 Exemptions
(1) Nothing
in Article 2 or 9(1) prohibits a dentist or a doctor from assisting a
veterinary surgeon, at the latter’s request and under the veterinary
surgeon’s supervision, in the practise of veterinary surgery or holding himself
or herself out as being prepared to do so.[13]
(2) Nothing
in Article 2 or 9(1) prohibits a person who is not a recognized veterinary
surgeon from carrying out an activity that is described in Part 1 of
Schedule 1 provided that –
(a) in
relation to an activity that must be carried out by a person of a description
specified in that Part, the person falls within that description; and
(b) such
activity is not excluded from the application of Part 1 of Schedule 1
by Part 2 of that Schedule.[14]
(3) Nothing
in Article 2 or 9(1) prevents a person who is not a recognized veterinary
surgeon from carrying out any activity that is described in paragraph 1 or
2 of Schedule 2 provided that –
(a) the
person is approved to carry out that activity under paragraph 3(1) or (2)
of that Schedule;
(b) the
person carries out that activity in accordance with any conditions imposed
under paragraph 3(4) or (5) of that Schedule; and
(c) the
person’s approval is not suspended or revoked in accordance with
paragraph 4 of that Schedule.[15]
10A Fees for certain exemptions[16]
The Minister may
prescribe by Order fees for the giving of approvals by the States Veterinary
Officer under paragraph 3 of Schedule 2.[17]
11 Amendment of
Schedules[18]
The Minister may by Order
amend Schedules 1 and 2.
12 Citation
This Law may be cited as
the Veterinary Surgeons (Jersey) Law 1999.
SCHEDULE 1[19]
(Article 10(2))
Exemptions from restrictions
on practice of veterinary surgery not requiring approval of states veterinary
officer
Part 1
Activities that may be
carried out
1. Any
minor medical treatment given to an animal by its owner, by another member of a
household of which the owner is a member, or by a person in the employment of
the owner.
2. Any
medical treatment or any minor surgery (not involving entry into a body cavity)
given in either case to an animal used in agriculture (as defined in the Agriculture
Act 1947 of the United Kingdom), and so given by its owner or by a person
engaged or employed in caring for animals so used.
3. The
rendering in an emergency of first aid for the purpose of saving life or
relieving pain or suffering.
4. The
performance by any person who has attained the age of 18 years of either of the
following operations, that is to say –
(a) the docking, by means of an elastrator, of
the tail of a lamb that has not reached the age of 1 week; and
(b) the
amputation of the dew claws of a dog that has not reached the age of 72 hours.
5. The
performance, by any person who has attained the age of 17 years and is a
veterinary student or a student veterinary nurse under instruction, or is
undergoing instruction in animal husbandry, of –
(a) any
operation mentioned in paragraph 4(a) or (b) of this Part; or
(b) the
castration of a male animal or the caponizing of an animal,
if the instruction is
given by a recognized veterinary surgeon and the operation is performed under the
veterinary surgeon’s direct personal supervision.
6.
(1) Any
medical treatment or any minor surgery (not involving entry into a body cavity)
to a companion animal by a veterinary nurse if the following conditions are
complied with, that is to say –
(a) the
companion animal is, for the time being, under the care of a recognized
veterinary surgeon and the medical treatment or minor surgery is carried out by
the veterinary nurse at the veterinary surgeon’s direction;
(b) the
recognized veterinary surgeon is the employer or is acting on behalf of the
employer of the veterinary nurse; and
(c) the
recognized veterinary surgeon directing the medical treatment or minor surgery
is satisfied that the veterinary nurse is qualified to carry out the treatment
or surgery.
(2) In
sub-paragraph (1) –
(a) “companion
animal” means an animal kept as a pet or for companionship, not being a
horse, pony, ass or mule, nor an animal used in agriculture (as defined in the Agriculture
Act 1947 of the United Kingdom); and
(b) “veterinary
nurse” means a nurse whose name is entered in the register of veterinary
nurses maintained by the Royal College of Veterinary Surgeons.
7. Any
medical treatment or any minor surgery (not involving entry into a body cavity)
to any animal by a student veterinary nurse if –
(a) the
animal is, for the time being, under the care of a recognized veterinary
surgeon and the medical treatment or minor surgery is carried out by the
student veterinary nurse at the veterinary surgeon’s direction and in the
course of the student veterinary nurse’s training;
(b) the
treatment or surgery is supervised by a recognized veterinary surgeon or
veterinary nurse and, in the case of surgery, the supervision is direct,
continuous and personal; and
(c) the
recognized veterinary surgeon is the employer or is acting on behalf of the
employer of the student veterinary nurse.
In this paragraph –
“student veterinary
nurse” means a person undergoing training as a veterinary nurse at an
approved training and assessment centre or a veterinary practice approved by
such a centre; and
“approved training
and assessment centre” means a centre approved by the Council of the
Royal College of Veterinary Surgeons of the United Kingdom for the purpose of
training and assessing student veterinary nurses.
PART 2
Exclusions from provisions of Part 1
1. Paragraph
2 of Part 1 does not apply –
(a) to a
laparotomy; or
(b) to
anything done for reward.
2. Part 1
does not apply to –
(a) the
castration of a male animal that is –
(i) a horse, pony,
ass or mule,
(ii) a
bull, boar or goat that has in any such case reached the age of 2 months,
(iii) a ram
that has reached the age of 3 months, or
(iv) a cat
or dog;
(b) the
spaying of a cat or dog;
(c) the
removal (otherwise than in an emergency for the purpose of saving life or
relieving pain or suffering) of any part of the antlers of a deer before the
velvet of the antlers is frayed and the greater part of it has been shed;
(d) the
desnooding of a turkey that has reached the age of 21 days;
(e) the
removal of the combs of any poultry that have reached the age of 72 hours;
(f) the
cutting of the toes of a domestic fowl or turkey that has reached the age of 72
hours;
(g) the
performance of a vasectomy or the carrying out of electro-ejaculation on any
animal or bird kept for production of food, wool, skin or fur or for use in the
farming of land;
(h) the
removal of the supernumerary teats of a calf that has reached the age of 3
months;
(i) the
dehorning or disbudding of a sheep or goat (other than the trimming of the
insensitive tip of an ingrowing horn that, if left untreated, could cause pain
or distress); or
(j) the
extraction of the teeth of an animal.
SCHEDULE 2[20]
(Article 10(3))
Exemptions from restrictions
on practice of veterinary surgery requiring approval of States veterinary
officer
1 Equine dental activities
A person who is approved
by the States Veterinary Officer in accordance with paragraph 3 may carry
out any of the following activities in relation to horses –
(a) examination,
evaluation and recording of dental abnormalities;
(b) the
removal of loose teeth or dental fragments with negligible periodontal
attachments;
(c) the
removal of erupted, non-displaced wolf teeth in the upper or lower jaw;
(d) palliative
rasping of fractured and adjacent teeth;
(e) the
use of motorised dental instruments to reduce overgrowths and remove sharp
enamel points.
2 Other activities
(1) A
person who is approved by the States Veterinary Officer in accordance with
paragraph 3 may carry out any of the following activities for which such
approval has been given –
(a) artificial
insemination of a domestic animal;
(b) a
procedure to transfer, or to assist in transferring, embryos between cattle;
(c) the
implantation into an animal of a transponder;
(d) the
collection of blood from an animal for diagnostic or surveillance purposes; or
(e) the
testing of an animal for diagnostic or surveillance purposes.
(2) In
paragraph (1) “transponder” means a read-only passive radio
frequency device.
3 Approval by States Veterinary
Officer
(1) The
States Veterinary Officer may approve a person to carry out the activities
described in paragraph 1 if –
(a) the
person is a current member of the British Association of Equine Dental
Technicians; and
(b) the
requirements of sub-paragraph (3) are complied with.
(2) The
States Veterinary Officer may approve a person to carry out any activity
described in paragraph 2 if –
(a) the
person –
(i) has successfully
completed a course which entitles that person to carry out that activity under
the law of the United Kingdom (or any part of the United Kingdom), or
(ii) is
otherwise entitled under the law of the United Kingdom (or any part of the
United Kingdom) to carry out that activity; and
(b) the
requirements of sub-paragraph (3) are complied with.
(3) Those
requirements are that –
(a) the
person has made an application for approval to the States Veterinary Officer in
such form and accompanied by such information as the States Veterinary Officer
may require; and
(b) the
application is accompanied by such fee as may be prescribed under Article 10A.
(4) An
approval under sub-paragraph (1) or (2) must be in writing and, subject to
paragraph (5), may be subject to such conditions as the States Veterinary
Officer may determine.
(5) The
States Veterinary Officer’s approval must be subject to the condition
that –
(a) in
the case of an activity described in paragraph 1(c), the person carries
out the activity under the direct and continuous personal supervision of a
recognized veterinary surgeon; or
(b) in
the case of an activity described in paragraph 2(1)(c), where the person
is a veterinary nurse, the person carries out the activity under the direction
of a recognized veterinary surgeon who is available to assist but who may not
necessarily be present.
(6) In
sub-paragraph (5)(b), “veterinary nurse” means a nurse whose
name is entered in the register of veterinary nurses maintained by the Royal
College of Veterinary Surgeons.
4 Suspension or revocation
of approval
(1) If
the States Veterinary Officer reasonably considers that a person approved under
paragraph 3 –
(a) no
longer meets the criteria described in paragraph 3(1)(a) or (2)(a), as the
case may be;
(b) otherwise
is no longer fit to carry out the activity to which the person’s approval
relates; or
(c) has
breached a condition of approval,
the States Veterinary
Officer may take the action described in sub-paragraph (2).
(2) That
action is either or both of the following –
(a) suspension
of the States Veterinary Officer’s approval with immediate effect; and
(b) revocation
of the States Veterinary Officer’s approval after giving
21 days’ notice to the person.
(3) A
person’s approval shall not be revoked under this paragraph unless the
person concerned has been given the opportunity to make representations to the States
Veterinary Officer and the States Veterinary Officer has taken those
representations into account.
(4) A
suspension or revocation under this paragraph shall be given in writing and
with reasons.
5 Appeal against States Veterinary
Officer’s decision
(1) A
person aggrieved by a decision of the States Veterinary Officer to –
(a) refuse
an application for approval under paragraph 3; or
(b) suspend
or revoke an approval under paragraph 4,
may, within 28 days
of the decision, or within such longer period as the Court may allow, appeal to
the Court on the ground that the decision is unreasonable having regard to all
the circumstances of the case.
(2) On
hearing the appeal the Court may –
(a) confirm,
reverse or vary the decision against which the appeal is brought;
(b) make
such order as it thinks fit; and
(c) make
such order as to the costs of the appeal that it thinks fit, including any
order with respect to the payment of costs.
(3) Subject
to any interim order the Court may make, an appeal to the Court shall not have
the effect of suspending the States Veterinary Officer’s decision.