Veterinary Surgeons (Jersey) Law 1999: Law drafting instructions for Order to set Fees

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A decision made 26 February 2016:

Decision Reference: MD-PE-2016-0023
Decision Summary Title:	Veterinary Surgeons (Jersey) Law 1999: Fees			Date of Decision Summary:	1 February 2016
Decision Summary Author (Job Title):	States Veterinary Assistant			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: Fees			Date of Written Report:	1 February 2016
Written Report Author (Job Title):	States Veterinary Assistant			Written Report : Public or Exempt?	Public
Subject: Veterinary Surgeons (Jersey) Law 1999: Fees
Decision(s): The Minister has decided to request the Law Draftsman to prepare an Order which will prescribe the fees payable for issuing approvals required by the Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201- which is with Her Majesty’s Privy Council awaiting approval.
Reason(s) for Decision: The States agreed P.83/2015; Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201- on 8th September 2015. The Minister may, by Order, prescribe new fees (Article 10A) in accordance with the ‘user pays’ principle.
Resource Implications: None
Action required: States Veterinary Assistant to request that the Law Draftsman prepares a draft Order, on the basis of a drafting brief to be supplied by the department and for subsequent consideration by the Minister.
Signature: Deputy S Luce			Position: Minister For The Environment
Date Signed:		Initials	Date of Decision (If different from Date Signed):

Veterinary Surgeons (Jersey) Law 1999: Law drafting instructions for Order to set Fees

DEPARTMENT OF THE ENVIRONMENT

Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201-

(Public)

Purpose of the Report

To make an Order requiring payment of fees, in accordance with States policy of User Pays.

Background

On 8 September 2015 the States adopted the draft Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201-, which is with Her Majesty’s Privy Council awaiting approval, to approve individuals with particular skills or training to carry out procedures which are otherwise prohibited and give the Minister for the Environment the power to prescribe fees by Order for the giving of approvals by the States Veterinary Officer (SVO) under Schedule 2.

Discussion

Exemptions from restrictions on practice of veterinary surgery requiring approval of the SVO under Schedule 2 of the Veterinary Surgeons (Amendment No. 2) (Jersey) Law 201- are permitted by a person able to demonstrate he/she meets the requirements as set out in the Schedule 2 (3) to carry out the activity, for example; a current member of the British Association of Equine Dental Technicians or a person who has successfully completed an approved course.

The activities are;

 equine dental;

(a) examination, evaluation and recording of dental abnormalities;

(b) the removal of loose teeth or dental fragments with negligible periodontal attachments;

(d) palliative rasping of fractured and adjacent teeth;

(e) the use of motorised dental instruments to reduce overgrowths and remove sharp enamel points.

 artificial insemination of a domestic animal

 a procedure to transfer, or to assist in transferring, embryos between cattle; or

 the implantation into an animal of a transponder (microchip).

Article 10A enables the Minister to prescribe fees, by Order for the giving of approvals by the SVO under paragraph 3 of Schedule 2.

The proposed fees are based on estimated time for necessary consideration and administration for issue of approvals.

Conclusion

Introduction by Order of fees payable for an approval by the SVO and associated administration, accords with User Pays policy and Article 10A, adopted by the States Assembly.

Recommendation

The Minister is recommended to make an Order to introduce the fees.

Written by: States Veterinary Assistant

Approved by: Director for Environment / Deputy Chief Officer

Attachments: Schedule showing proposed fees

Ministerial Decision ref: MD-PE-2016-0023

1 February 2016