The Veterinary Surgeons’ Qualifications (European Recognition and Knowledge of Language) Regulations 2015

• Citation: S.I. 2015/2073
• Sections: 15

Section 1 Citation and commencement

These Regulations—

(a) may be cited as the Veterinary Surgeons’ Qualifications (European Recognition and Knowledge of Language) Regulations 2015; and

(b) come into force on 18th January 2016.

Section 2 Amendment of the Veterinary Surgeons Act 1966

The Veterinary Surgeons Act 1966 is amended in accordance with regulations 3 to 14.

Section 3 Amendment of section 5A

In section 5A (registration of Community rights entitled persons: European qualifications)—

(a) in subsection (1)—

(i) in the opening words, after the second “entitled”, insert “under this section”;

(ii) before paragraph (a), insert—

(za) the person is not entitled under section 3 to be registered in the register;

(iii) omit the word “and” immediately preceding paragraph (c); and

(iv) at the end, before the full stop, insert—

;

(d) the registrar, where an alert has been received under Article 56a of Directive 2005/36/EC in respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and

(e) the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom

(b) in subsection (3)—

(i) in paragraph (a)(i), for “Table A of Schedule 1A”, substitute “the Directive table”;

(ii) in paragraph (a)(ii), for “Table”, substitute “table”;

(iii) in paragraphs (c) and (d), omit “other than the United Kingdom”;

(iv) omit the word “and” immediately preceding paragraph (e); and

(v) at the end, before the full stop, insert—

; and

(f) evidence that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom

Section 4 Amendment of section 5B

In section 5B (registration of Community rights entitled persons: knowledge and skill), in subsection (1)—

(a) in the opening words, after the second “entitled”, insert “under this section”;

(b) for paragraphs (b) and (c), substitute—

(b) the person’s case falls within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015 ;

(c) regulations 27 to 34 of those Regulations apply to the person by reason of the operation of regulation 3(5) of those Regulations;

(c) at the end, before the full stop, insert—

;

(e) the registrar, where an alert has been received under Article 56a of Directive 2005/36/EC in respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and

(f) the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom

Section 5 Insertion of section 5ZBA

After section 5B, insert—

Requirement to demonstrate knowledge of language

(5ZBA)

(1) This section applies where—

(a) the registrar has a serious and concrete doubt about whether a person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom, as mentioned in section 5A(1)(e), section 5B(1)(f) and section 6(1)(d); or

(b) the registrar is not satisfied that evidence provided by a person under section 5A(3)(f) or paragraph 5(3)(e) of Schedule 1B shows that person to have a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom.

(2) The registrar may—

(a) require the person to demonstrate that that person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom; and

(b) refuse to register that person in the register until that person has done so.

Section 6 Amendment of section 5CA

In section 5CA (appeals in connection with registration under section 5B)—

(a) in subsection (1)—

(i) for “European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “European Union (Recognition of Professional Qualifications) Regulations 2015”; and

(ii) at the end, before the full stop, insert—

(including an application to pursue an activity for which partial access to the profession was sought in accordance with regulations 10 and 11 of those Regulations)

(b) in subsection (2), for “regulation 34(2)” substitute “regulation 42(2)”.

Section 7 Insertion of section 5CCA

After section 5CC (appeals in connection with removal under section 5BA), insert—

Appeals in connection with alerts sent to other competent authorities

(5CCA)

(1) If the College decides, under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, to send an alert to the appropriate competent authorities of other relevant European States about a person, that person may appeal to the Council.

(2) The deadline for bringing an appeal under subsection (1) is the end of the period of 28 days beginning with the date when the person receives notification of the College’s decision to send an alert.

Section 8 Amendment of section 5CD

In section 5CD (appeals under sections 5C, 5CA, 5CB and 5CC)—

(a) in the heading for “5CB and 5CC” substitute “5CB, 5CC and 5CCA”;

(b) in subsection (1)—

(i) for “5CB or 5CC” substitute “5CB, 5CC or 5CCA”; and

(ii) in paragraph (b)—

(aa) the words from “quash” to “against” become sub-paragraph (i); and

(bb) at the end of that sub-paragraph insert—

; and

(ii) in the case of appeals under section 5CCA, require the College to notify the appropriate competent authorities of a successful appeal;

(c) In subsection (2) for “5CB or 5CC” substitute “5CB, 5CC or 5CCA”.

Section 9 Amendment of section 5CE

In section 5CE (appeals from decisions under sections 5C, 5CA, 5CB and 5CC)—

(a) in the heading, for “5CB and 5CC” substitute “5CB, 5CC and 5CCA”;

(b) in subsection (1) for “5CB or 5CC” substitute “5CB, 5CC or 5CCA”;

(c) in paragraph (b) of subsection (4)—

(i) the words from “quash” to “committee” become sub-paragraph (i);

(ii) at the end of that sub-paragraph insert—

; and

(ii) in the case of appeals under section 5CCA, require the College to notify the appropriate competent authorities of a successful appeal;

Section 10 Amendment of section 5D

In section 5D (registration appeals committee), in subsection (1), for “5CB and 5CC” substitute “5CB, 5CC and 5CCA”.

Section 11 Amendment of section 6

In section 6 (qualification for registration as a Commonwealth or foreign practitioner)—

(a) in paragraph (b) of subsection (1)—

(i) omit “, and”;

(ii) the words from “holds” to “surgery,” become sub-paragraph (i);

(iii) at the end of that sub-paragraph insert—

; or

(ii) holds a qualification in veterinary surgery granted in a relevant European State other than the United Kingdom (whether or not that qualification is listed in the Directive table or Table B of Schedule 1A) but is not entitled to register under section 5A or 5B,

(b) at the end of paragraph (c) of subsection (1), insert—

and

(d) that he has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom,

(c) in the closing words of subsection (1), after “entitled”, insert “under this section”.

Section 12 Amendment of section 27

In section 27 (interpretation), in subsection (1)—

(a) in the definition of “Community rights entitled person”, in paragraph (a), omit “other than the United Kingdom”; and

(b) at the appropriate place, insert—

“the Directive table” means the table (save for the entry relating to the United Kingdom) at point 5.4.2 of Annex V to Directive 2005/36/EC as amended from time to time;

Section 13 Amendment of Schedule 1A

In Schedule 1A (registration of Community rights entitled persons: European qualifications)—

(a) in paragraphs 1(1), 1(3)(b), 3(1) and (2), for “Table A” substitute “the Directive table”;

(b) for paragraph 5 substitute—

(5) In this Schedule “Table B” means Table B below.

(c) omit Table A; and

(d) in Table B, in the second column of the entry relating to Germany, for “table A” substitute “the Directive table”.

Section 14 Amendment of Schedule 1B

In Schedule 1B (visiting veterinary surgeons from relevant European states)—

(a) for paragraph 4(b), substitute—

(b) where the practitioner’s case falls within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015, the provision by the practitioner of occasional services is in accordance with regulations 19 to 23 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to take under Part 2 of those Regulations),

(b) in paragraph 5(3)—

(i) omit the word “and” immediately preceding sub-paragraph (d); and

(ii) at the end, before the full stop, insert—

; and

(e) evidence that the practitioner has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom

Section 15 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

(3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4) Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.