Jersey Law 6/1999
VETERINARY SURGEONS (JERSEY) LAW 1999
____________
ARRANGEMENT OF ARTICLES
1 Interpretation
2 Right
to practise veterinary surgery
3 Eligibility
for recognition
4 Applications
for recognition
5 Recognition
of veterinary surgeons
6 List
of recognized veterinary surgeons
7 Withdrawal
of recognition
8 Amendment
of list
9 Offences
10 Exemptions
11 Amendment
of Schedule
12 Consequential
repeals and saving
13 Short
title and commencement
A LAW to
regulate the practice of veterinary medicine and surgery in the Island, and for
connected purposes; sanctioned by Order of Her Majesty in Council of the
10th day of MARCH
1999
____________
(Registered on the 9th day of April 1999)
____________
STATES OF JERSEY
____________
The 7th day of
October 1998
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
ARTICLE 1
Interpretation
In this Law, unless the context otherwise requires –
“recognized veterinary surgeon” means a person whose
name is for the time being entered, in accordance with Article 6 of this Law,
on the list of recognized veterinary surgeons maintained under that Article;
“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.
ARTICLE 2
Right to practise veterinary surgery
No person shall –
(a) practise
veterinary surgery; or
(b) hold
himself out as practising or being prepared to practise veterinary surgery,
unless he is a recognized veterinary surgeon.
ARTICLE 3
Eligibility for recognition
A person is eligible to be a recognized veterinary surgeon if but
only if he is for the time being registered in the register of veterinary
surgeons under the Veterinary Surgeons Act 1966 of the United Kingdom, as
amended.
ARTICLE 4
Applications for recognition
(1) An
application to be recognized as a veterinary surgeon shall be made to the Royal
Court.
(2) The
application shall be supported by evidence that he is for the time being
registered in the register of veterinary surgeons, and of the qualifications by
reason of which he is so registered.
(3) For
the purposes of this Law –
(a) a
copy of the latest edition of the register of veterinary surgeons published by
the Council of the Royal College of Veterinary Surgeons of the United Kingdom,
showing that the applicant is a person registered in it and specifying his
qualifications for his registration; or
(b) a
certificate issued on behalf of the College, stating that the applicant is so
registered and his qualifications for his registration,
is sufficient evidence that he is eligible to be a recognized
veterinary surgeon and of the qualifications by reason of which he is
registered in the register of veterinary surgeons.
ARTICLE 5
Recognition of veterinary surgeons
(1) If
the Royal Court is satisfied, on an application under Article 4 of this Law,
that the applicant is eligible to be a recognized veterinary surgeon –
(a) it
shall grant permission for his name to be entered on the list of recognized
veterinary surgeons; and
(b) in
granting permission, it shall specify in its Act the qualifications by reason
of which he is registered in the register of veterinary surgeons.
(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.
ARTICLE 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”, as amended, 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 of this Law for his name to be entered on the list; and
(b) the
qualifications, as specified in the Act of the Court, by reason of which he is
registered in the register of veterinary surgeons.
(3) Where
the Royal Court –
(a) orders
under Article 7 of this Law that the name of any person be removed from the
list; or
(b) orders
under Article 8 of this Law 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.
ARTICLE 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 his name has been
removed from the register of veterinary surgeons.
(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, he is no
longer a fit and proper person to practise veterinary surgery in the Island.
(3) An
order may only be made under paragraph (1) or paragraph (2) of this Article 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 his name be removed from the list.
ARTICLE 8
Amendment of list
On the application of a recognized veterinary surgeon, the Royal
Court may order that his entry on the list of recognized veterinary surgeons be
amended in respect of his name or qualifications.
ARTICLE 9
Offences
(1) Any
person who contravenes Article 2 of this Law shall be guilty of an offence and
liable to a fine not exceeding level 4 on the standard scale.
(2) Any
person who, for the purpose –
(a) of
obtaining permission for his name to be entered on the list of recognized
veterinary surgeons;
(b) of
obtaining the removal of his name from the list; or
(c) of
obtaining any amendment of his entry on the list,
wilfully or recklessly makes any statement that he 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 paragraph (2) of this Article shall be liable to be dealt
with, tried and punished as a principal offender.
ARTICLE 10
Exemptions
(1) Nothing
in Article 2 or paragraph (1) of Article 9 of this Law prohibits –
(a) a
registered dentist (as defined in paragraph (1) of Article 1 of the Dentists
(Registration) (Jersey) Law 1961); or
(b) a
registered medical practitioner (as defined in paragraph (1) of Article 1 of
the Medical Practitioners (Registration) (Jersey) Law 1960),
from assisting a veterinary surgeon, at the latter’s request
and under his supervision, in the practice of veterinary surgery or holding
himself out as being prepared to do so.
(2) Nothing
in Article 2 or paragraph (1) of Article 9 of this Law prohibits any person who
is not a recognized veterinary surgeon from doing anything that –
(a) is
described in Part I of the Schedule to this Law; and
(b) is
not excluded from the application of that Part by Part II of that Schedule.
ARTICLE 11
Amendment of Schedule
The Agriculture and Fisheries Committee may by Order amend Part I
of the Schedule to this Law.
ARTICLE 12
Consequential repeals and saving
(1) The
following Laws are repealed –
(a) the “Loi (1939)
sur l’exercice de la médecine et la chirurgie
vétérinaires dans cette Ile”;
(b) the “Loi (No. 2)
(1940) sur l’exercice de la médecine et la chirurgie
vétérinaires dans cette Ile4”.
(2) Every
person whose name, immediately before this Law comes into force, is on the list
of veterinary surgeons under Article 4 of the “Loi (1939) sur
l’exercice de la médecine et la chirurgie
vétérinaires dans cette Ile”,
as amended, shall (subject to the other provisions of this Law) be a recognized
veterinary surgeon for the purposes of this Law.
ARTICLE 13
Short title and commencement
This Law may be cited as the Veterinary Surgeons (Jersey) Law 1999
and shall come into force on the seventh day following its registration.
C.M. NEWCOMBE
Deputy Greffier of the States.
SCHEDULE
(Articles 10(2) and 11)
EXEMPTIONS FROM RESTRICTIONS ON PRACTICE OF VETERINARY SURGERY
PART I
treatment and operations that may be given or carried out by
unqualified persons
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 two weeks; 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 trainee veterinary nurse under instruction, or is
undergoing instruction in animal husbandry, of –
(a) any
operation mentioned in sub-paragraph (a) or sub-paragraph (b) of paragraph 4 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 his 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 his direction; and
(b) the
recognized veterinary surgeon is the employer or is acting on behalf of the
employer of the veterinary nurse.
(2) In
sub-paragraph (1) of this paragraph –
(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 list of veterinary
nurses maintained by the College.
PART II
Exclusions from provisions of Part I
1. Paragraph
2 of Part I of this Schedule does not apply –
(a) to
a laparotomy; or
(b) to
anything done for reward.
2. Part
I of this Schedule 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 two months;
(iii) a ram
that has reached the age of three 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 three
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.