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Statutory Instruments

1991 No. 1412

VETERINARY SURGEONS

The Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 1991

Made

14th June 1991

Coming into force

1st July 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of the powers conferred by section 19(5) and (6) of the Veterinary Surgeons Act 1966(1) and now vested in them and of all other powers enabling them in that behalf(2), after consultation in accordance with the said section 19(5) with the Council of the Royal College of Veterinary Surgeons and with persons appearing to them to represent interests so appearing to be substantially affected, hereby make the following Order, of which a draft has been approved by a resolution of each House of Parliament:

Title and commencement

1.  This Order may be cited as the Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 1991 and shall come into force on 1st July 1991.

Amendment

2.  Part I of Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery)(3) shall be amended as follows–

(a)in paragraph 2 for the words

“Any medical or minor surgical treatment” there shall be substituted the words “Any medical treatment or any minor surgery”;

(b)

after paragraph 5 there shall be added the following paragraph–

6.  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 registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the veterinary nurse at his direction; and

(b)the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the veterinary nurse.

In this paragraph–

“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;

“veterinary nurse” means a nurse whose name is entered in the list of veterinary nurses maintained by the College.;

(c)

sub-paragraph (c) of paragraph 4 shall cease to have effect from 1st July 1993.

In witness whereof the Official Seal of the Ministry of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1991.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Strathclyde

Parliamentary Under Secretary of State, Scottish Office

10th June 1991

David Hunt

Secretary of State for Wales

12th June 1991

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 14th June 1991.

W. J. Hodges

Permanent Secretary

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 3 to the Veterinary Surgeons Act 1966.

Part I of Schedule 3 (treatment and operations which may be given or carried out by unqualified persons) is amended so that a veterinary nurse may carry out any medical treatment or any minor surgery to a companion animal in specified circumstances (article 2(b)). Similar wording is introduced into paragraph 2 in respect of treatment or surgery carried out on agricultural animals by their owners (article2(a)).

With effect from 1st July 1993 the docking of a dog’s tail by an unqualified person is prohibited (article 2(c)).

(2)

In the case of the Secretary of State for Wales, by virtue of S.I. 1978/272 and, in the case of the Department of Agriculture for Northern Ireland, by virtue of the Northern Ireland Constitution Act 1973 (c. 36), section 40 and Schedule 5, and the Northern Ireland Act 1974 (c. 28), section 1(3) and Schedule 1, paragraph 2(1)(b).

(3)

Schedule 3 was substituted by S.I. 1988/526.