Veterinary Surgeons (Jersey) Law: Transfer of functions from Economic Development Minister to Planning and Environment Minister

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A decision made on 26 July 2011:

	Decision Reference: MD-PE-2011-0073
	Decision Summary Title:		Veterinary Surgeons (Jersey) Law 1999 Transfer of Function		Date of Decision Summary:	15 July 2011
	Decision Summary Author (Job Title):		States Veterinary Officer		Decision Summary: Public or Exempt?	Public
	Type of Report: Oral or Written?		Written		Person Giving Oral Report:
	Written Report Title:		Veterinary Surgeons (Jersey) Law 1999 Transfer of Function		Date of Written Report:	15 July 2011
	Written Report Author (Job Title):		States Veterinary Officer		Written Report : Public or Exempt?
	Subject: Veterinary Surgeons (Jersey) Law 1999 – transfer of function from the Minister for Economic Development to the Minister for Planning and Environment
	Decision(s): The Minister for Planning and Environment agrees to accept the transfer of functions from the Minister for Economic Development under the Veterinary Surgeons (Jersey) Law 1999.
	Reason(s) for Decision: To ease administration
	Resource Implications: Nil
	Action required: The States Veterinary Officer will report the Minister’s agreement to the Minister for Economic Development.
	Signature: Deputy R Duhamel			Position: Minister for Planning and Environment
	Date Signed:			Date of Decision (If different from Date Signed):
Version:		V1

Veterinary Surgeons (Jersey) Law: Transfer of functions from Economic Development Minister to Planning and Environment Minister

Department of the Environment

ENVIRONMENT DIVISION

Veterinary Surgeons (Jersey) Law 1999 Transfer of Function

(Public)

Purpose of the Report

To transfer function of Veterinary Surgeons (Jersey) Law 1999 from the Minister for Economic Development to the Minister for Planning and Environment

Background

The Minister for Planning and Environment appoints the Veterinary Officer, in accordance with Article 2 of the Diseases of Animals (Jersey) Law 1956.

The Veterinary Surgeons (Jersey) Law 1999 governs the practise of veterinary medicine and surgery in Jersey.

Discussion

To provide simplification for route of advice to the Minister and for administration of the Veterinary Surgeons (Jersey) Law 1999 function of the Law will be transferred from Economic Development to Planning and Environment.

Recommendation

The Minister agrees to accept the powers provided by the Veterinary Surgeons (Jersey) Law 1999.

Written by: States Veterinary Officer

Approved by: Deputy Chief Officer

Attachments: Veterinary Surgeons (Amendment) (Jersey) Law 201-

Jersey Crest

Veterinary Surgeons (Amendment) (Jersey) Law 201-

Report

Explanatory Note

This Law amends the Veterinary Surgeons (Jersey) Law 1999 (the “principal Law”).

Article 1 defines the principal Law.

Article 2 inserts definitions in Article 1 of the principal Law.

Article 3 substitutes Articles 3 and 4 of the principal Law. Currently, those Articles specify the conditions for registration as a veterinary surgeon in Jersey and the evidence that must be produced in order to establish that the person satisfies the conditions. The conditions specified are that the person is registered as a veterinary surgeon in the United Kingdom. The amendment removes from the face of the Law the conditions for registration and the evidence that must be produced to establish that a person satisfies them. Instead these will be prescribed by Order of the Minister for Planning and Environment. The purpose of the change is to ensure that, if the legislation governing registration in the United Kingdom is amended, the conditions for registration in Jersey may be altered sufficiently quickly that they do not fall behind the rules currently in force in the United Kingdom. It is a consequence of the change that, if it were felt appropriate, other conditions for registration could also be prescribed by Order, such as being registered or holding a qualification in a place other than the United Kingdom.

Articles 4 and 5 make minor amendments consequentially upon the fact that the conditions for registration that are prescribed may be either that a person holds a prescribed qualification or that the person is authorized to practise in another place.

Article 6 introduces a new provision for the suspension of a person’s right to practise in Jersey in the event that the person’s authority to practise issued in another place, on which his or her registration in Jersey depends, is suspended. The suspension can only be imposed by order of the Royal Court made on the application of the Attorney General.

Article 7 amends Article 7 of the principal Law. Article 7 currently requires the Royal Court to order the removal of a person’s name from the list of recognized veterinary surgeons, if the person’s registration in the United Kingdom is revoked. The amendment continues to require the Royal Court to order a person’s removal from the list of recognized veterinary surgeons but, for the future, this will be on the ground that the person no longer satisfies the requirements for registration prescribed by Order under Article 3 as substituted by this Law. New provision is added, allowing a person to apply to the Royal Court for his or her name to be restored to the list if the prescribed qualification or authority to practise by virtue of which the person was registered is reinstated.

Article 8 amends Article 8 of the principal Law. Article 8 empowers the Royal Court to order that a veterinary surgeon’s entry on the list maintained by the Judicial Greffier is amended. The amendment would enable the list to be amended as to a person’s authority to practise, if holding a particular authority to practise is the condition that the person satisfied in order to be registered in Jersey. In addition, new provision is made, enabling the Royal Court to order the removal of a deceased person’s name from the list.

Article 9 amends Article 11 of the principal Law with the effect that the existing power to make an Order amending Schedule 1 to the principal Law is transferred from the Minister for Economic Development to the Minister for Planning and Environment. Schedule 1 lists treatment and operations that may be given or carried out by a person who is not a veterinary surgeon registered under the principal Law.

Article 10 provides for the citation of the Law and for it to commence one month after it is registered, during which period the Minister for Planning and Environment would make an Order under Article 3 of the principal Law as substituted by this Law.

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Veterinary Surgeons (Amendment) (Jersey) Law 201-

Arrangement

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Veterinary Surgeons (Amendment) (Jersey) Law 201-

Arrangement

Article

1 Interpretation

2 Article 1 amended

3 Articles 3 and 4 substituted

4 Article 5 amended

5 Article 6 amended

6 Article 6A inserted

7 Article 7 amended

8 Article 8 amended

9 Article 11 amended

10 Citation and commencement

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Veterinary Surgeons (Amendment) (Jersey) Law 201-

Article 6

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Veterinary Surgeons (Amendment) (Jersey) Law 201-

A LAW to amend further the Veterinary Surgeons (Jersey) Law 1999

Adopted by the States [date to be inserted]

Sanctioned by Order of Her Majesty in Council [date to be inserted]

Registered by the Royal Court [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1 Interpretation

In this Law “principal Law” means the Veterinary Surgeons (Jersey) Law 1999.

2 Article 1 amended

In Article 1 of the principal Law before the definition “recognized veterinary surgeon” there shall be inserted the following definitions –

“‘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 Planning and Environment;”.

3 Articles 3 and 4 substituted

For Articles 3 and 4 there shall be substituted the following Articles –

“3 Eligibility for recognition

(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

(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.”.

4 Article 5 amended

In Article 5(1)(b) of the principal Law after the words “the qualifications” there shall be inserted the words “or authority to practise”.

5 Article 6 amended

In Article 6(2)(b) of the principal Law for the words “the qualifications,” there shall be inserted the words “the qualifications or authority to practise,”.

6 Article 6A inserted

After Article 6 of the principal Law there shall be inserted the following Article –

“6A Suspension of recognition

(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 Article 7 amended

For Article 7(1) of the principal Law there shall be substituted the following paragraphs –

“(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.

(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.”.

8 Article 8 amended

(1) At the beginning of Article 8 of the principal Law there shall be inserted the paragraph number (1).

(2) In Article 8(1) of the principal Law for the words “or qualifications.” there shall be substituted the words “, qualifications or authority to practise.”.

(3) After paragraph (1) of Article 8 of the principal Law there shall be added the following paragraph –

“(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.”.

9 Article 11 amended

In Article 11 of the principal Law the words “for Economic Development” shall be deleted.

10 Citation and commencement

This Law may be cited as the Veterinary Surgeons (Amendment) (Jersey) Law 201- and shall come into force one month after it is registered.

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Veterinary Surgeons (Amendment) (Jersey) Law 201-

Article 6

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