The Veterinary Surgery (Exemptions) Order 1973

Statutory Instruments

1973 No. 308

VETERINARY SURGEONS

The Veterinary Surgery (Exemptions) Order 1973

Made

26th February 1973

Laid before Parliament

6th March 1973

Coming into Operation

28th March 1973

The Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland and the Secretary of State for Northern Ireland acting jointly, in exercise of the powers conferred by section 19(4)(e) of the Veterinary Surgeons Act 1966 and now vested in them(1) and of all other powers enabling them in that behalf, after consultation with the Council of the Royal College of Veterinary Surgeons, hereby make the following order:—

Citation, extent and commencement

1.  This order, which may be cited as the Veterinary Surgery (Exemptions) Order 1973, applies to the United Kingdom and shall come into operation on 28th March 1973.

Interpretation

2.—(1) In this order—

“the Act” means the Veterinary Surgeons Act 1966;

“poultry” means live birds of the following species, that is to say, all species of fowls, turkeys, geese, ducks, guinea fowls, pigeons, pheasants, partridges and quails;

“vaccine” means, in Great Britain, either—

(a)

a vaccine which is the subject of and which is being used in accordance with the provisions of, a current product licence issued under the Medicines Act 1968, or an animal test certificate so issued; or

(b)

a vaccine of which the manufacture for sale or the importation into Great Britain is licensed, as respects England and Wales by the Minister of Agriculture, Fisheries and Food, or as respects Scotland by the Secretary of State, under any order for the time being in force made under Part II of the Diseases of Animals Act 1950.

in Northern Ireland, either—

(c)

a vaccine which is the subject of and which is being used in accordance with the provisions of, a current product licence issued under the Medicines Act 1968, and valid for Northern Ireland, or an animal test certificate so issued; or

(d)

a vaccine of which the manufacture for sale or the importation into Northern Ireland is licensed by the Ministry of Agriculture for Northern Ireland under any order for the time being in force made under Part II of the Diseases of Animals Act (Northern Ireland) 1958.

(2) Other expressions used in this order which are used also in the Act have the same meaning as in the Act.

(3) The Interpretation Act 1889 applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament.

Exemption from restrictions on practice of on practice of veterinary surgery

3.  The vaccination of poultry with vaccine when carried out by a person over the age of 18 is hereby specified as a minor treatment, for the purposes of section 19(4)(e) of the Act (which provides that the prohibition on the practice of veterinary surgery by an unqualified person contained in section 19(1) of the Act shall not apply to any minor treatment, test or operation specified in accordance with the provision of section 19(4)(e) aforesaid).

Revocation

4.  Article 4(f) of the Veterinary Surgery (Exemptions) Order 1962(2) is hereby revoked, but without prejudice to anything lawfully done thereunder before the revocation thereof.

In Witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd February 1973.

L.S.

Joseph Godber

Minister of Agriculture, Fisheries and Food

Gordon Campbell

Secretary of State for Scotland

23rd February 1973

W.S.I. Whitelaw

Secretary of State for Northern Ireland

26th February 1973

EXPLANATORY NOTE

This Order makes lawful in the United Kingdom the vaccination of poultry (as defined in the order) with any vaccine by a person not qualified as a veterinary surgeon and consequently revokes Article 4(f) of the Veterinary Surgery (Exemptions) Order 1962 which permitted such vaccination of fowls only in respect of fowl pest in Great Britain.

(1)

As respects the Secretary of State for Northern Ireland by section 1(1)(a) of the Northern Ireland (Temporary Provisions) Act 1972 c. 22.

(2)

(1962 III, p. 3439).