Veterinary Act (No. 42 of 1986)

LAWS OF ANTIGUA AND BARBUDA (CAP. 464 CHAPTER 464 THE VETERINARYACT Arrangement of Sections Section 1. Short title. 2. Interpretation. 3. Establishment of Board. 4. Functions of the Board. 5. Veterinary Registrar. 6. Register of veterinary surgeons. 7. Qualifications for registration as veterinary surgeon. 8. Registration of persons already qualified. 9. Annual registration and enrolment. 10. Application for registration as a veterinary surgeon. 11. Registration of veterinary surgeons. 12. Roll of animal health assistants. 13. Application for enrolment as an animal health assistant. 14. Enrolment of animal health assistant. 15. Amendment of register or roll. 16. Censure, suspension and striking off. 17. Veterinary Appeal Tribunal. 18. Appeal to Tribunal. 19. Offences and penalties. 20. Regulations. SCHEDULE. SECOND SCHEDULE. Veterinary FIRST LAWS OF ANTIGUA AND BARBUDA (CAP. 464 VETERINARY An Act to provide for the registration and control of veterinary surgeons and animal health assistants and the practice of veterinary surgery and matters connected there with or incidental thereto. st 1987.) Act may be cited as the Veterinary Act. this "animal health assistant" means a person enrolled as an animal health assistant in accordance with this Act; "Board" means the Veterinary Board established by section 3; "register" means the Register of Veterinary Surgeons specified under section 6; "Registrar" means the public officer designated section 5; "roll" means the Roll of Animal Health Assistants speci fied under section 12; "veterinary surgery" means the art and science of veterinary surgery medicine and ( a ) the diagnosis of diseases in, and injuries to, animals, including tests per formed on animals for diagnostic purposes; (b) the giving of advice based upon such diagnosis; (c) the surgical or medical treatment of animals; and (d) the performance of surgical opera tion on animals. Short title. Interpretation. 3. (1) There is established for the purposes of this Act Establishment Board. a body to be called the Veterinary Board. Veterinary 9. .) ( 1 February, 42/1986. 1. This 2. In Act under and includes of LAWS OF ANTIGUA AND BARBUDA 4 CAP. 464) Veterinary First Schedule. Functions of the Board. Veterinary Registrar. Register of veterinary surgeons. Qualifications for registration as veterinary surgeon. (2) The provisions of the First Schedule shall have effect with respect to the constitution and procedure of the Board and otherwise in relation thereto. The functions of the Board shall ( a ) to register veterinary surgeons and enrol animal health assistants; to regulate the training of persons for enrol ment as animal health assistants; (c) to appoint examiners to conduct such exami nations in respect of person applying for enrolment as animal health assistants as may from time to time be necessary under the provisions of this Act; to ensure the maintenance of acceptable stan dards professional conduct by persons registered as veterinary surgeons or enrolled as animal health assis tants, as the case may be, under this Act. 5. The Registrar of the High Court is designated as the Veterinary Registrar for the purposes of this Act. 6. (1) The Board shall cause the Registrar to keep in such form as it may from time to time determine a register, to be known as the Register of Veterinary Surgeons, in which shall be entered the and such other particulars as may be prescribed of every person registered under this Act as a Veterinary surgeon. (2) The register shall be kept at such place as the Board may from time to time determine and shall be open to inspection by the public at all reasonable times and a copy of the register shall be published in the Gazette at such times and in such manner as may be prescribed. 7. No person shall be registered as a veterinary surgeon (a ) he holds a degree in veterinary surgery from a university or college, that in the opinion of the Board is evidence of satisfactory training in veterinary surgery; or he has any other qualification in veterinary surgery considered by the Board to be of at least an equivalent standard to that specified in paragraph ( a ) . ( b) (d) of unless (b) be name LAWS OF ANTIGUA AND BARBUDA Veterinary (CAP. 464 5 8. The Board shall cause the Registrar to place on the register, on payment of the prescribed fee, the names, qualified. qualifications and addresses of persons who are already enti tled to be registered by virtue of this Act and such persons shall thereupon be subject to the provisions of this Act. 9. After the commencement of this Act, every person registration and who is qualified to be registered as a veterinary or to be enrolled as animal health assistant under this Act and desires to practise as such in Antigua and Barbuda shall in the month of January in every year cause his name to be entered by the Registrar in the register and pay the pre scribed fees and is entitled to obtain a certificate of such registration or enrolment. Every application for registration as a veterinary registration as surgeon shall be made to the Board and shall be accompa by such documents as may be prescribed. surgeon. (1) If the Board is satisfied in relation to any application for registration that- surgeons. the applicant possesses the qualifications under section 7; and the applicant is of good character and is a fit proper person to practise veterinary surgery, the Board shall the Registrar to register the appli cant as a veterinary surgeon the Registrar shall notify the applicant writing accordingly and on payment by him of the prescribed fee furnish him with a certificate of regis tration in the prescribed form. (2) Every veterinary surgeon registered under this Act shall be entitled to practise veterinary surgery in Antigua and Barbuda and to demand and recover any reasonable charge for services rendered by him as a veterinary surgeon for any drugs, medicine or appliances supplied by him. (1) The Board shall cause the Registrar to keep in such form as it from time to time determine a roll, to be known as the Roll of Animal Health Assistants, in which shall be entered the name and such other particulars as may 10. nied 11. (a) (b) and Ill and 12. surgeon an authorise and may Registration of persons already Annual enrolment. Application for a veterinary Registration of veterinary Roll of animal health assistants. LAWS OF ANTIGUA AND BARBUDA Application for as an animal health assistant. Enrolment of animal health assistant. Amendment of or roll. CAP. 464) be prescribed of every person enrolled under this Act as an animal health assistant. The roll shall be kept at such place as the Board may from time to time determine, and shall be open to inspection by the public at all reasonable times, and a copy of the roll shall be published in the Gazette at such times and in such manner as may be prescribed. 13. Every application for enrolment as an animal health assistant shall be made to the Board in the pre scribed form and shall be accompanied by the prescribed fee and by such documents as may be prescribed. 14. If the Board is satisfied in relation to any applica tion for as assistant the applicant possesses the prescribed qualifi cations; and the applicant is of good character and is a fit and proper person to practise as an animal health assistant, the Board shall authorise the Registrar to enrol the appli cant as an animal health assistant and the Registrar shall notify the applicant in writing accordingly and on payment by him of the prescribed fee furnish him with a certificate of enrolment in the prescribed form. 15. (1) It shall be the duty of the ( a ) to remove from the register or roll, as the case may be, any entry which the Board, acting under the provisions of subsection ( 2 ) of this section or under paragraph (d) directs him to remove; to restore to the register or roll, as the case may be, any entry which the Board acting under the provisions of subsection ( 2 ) of this section or under subsection (2) of section 16 directs him to restore; (c) to correct in accordance with the Board's directions, any entry in the register or roll, as the case may be, which the Board directs him in writing to cor rect as being in the opinion of the Board an entry which was incorrectly made; 6 enrolment register Veterinary curolrnent an animal (a) ( b) ( b) that Registrar LAWS OF ANTIGUA AND BARBUDA (CAP. 464 (d) to remove from the register or the roll, as the case may be, the name of any person who has died, or who, for a period of not less than two years, has ceased to practise in Antigua and Barbuda as a veterinary sur geon or an animal health assistant, as the case may be, or who, for a like period, has been absent from Antigua and Barbuda; and ( e ) to make from time to time any necessary alter ations any of the particulars contained in the register. (2) The Board may at any time direct the Registrar to restore to the register or roll any name removed therefrom under subsection ( 1 ). 16. (1) If any person registered or enrolled under this Act is upon enquiry by the Board in the prescribed ( a ) to be suffering from any physical or mental condition, or from any habit, which renders him to practise as a veterinary surgeon or, as the case may be, to perform satisfactorily his as an health assistant; or (b) to have procured his or enrol ment as the case may be, this Act, as a result of misleading, false or fraudulent representations; or (c) to have convicted of a criminal offence; or (d) to be guilty of dishonesty, negligence, or incompetence in the performance of his functions as a veterinary surgeon or, as the case may be, an animal health assistant, or of conduct that is, in the opinion of the Board, unprofessional, or disgraceful or discreditable to the profession, the Board may, if it thinks (i) in the case of the matters specified in para graph (c) o r (d) censure him; or (ii) in the case of the matters specified in para graph (a), (c), (d) suspend his registra tion or enrolment for a period not exceeding Ill found manner any Veterinary been fit ( b), functions registration under unfit animal Censure, suspension and striking off. 7 LAWS OF ANTIGUA AND BARBUDA 8 CAP. 464) Veterinary two years, or direct the Registrar in writing to remove his name from the register or roll, as the case may be. The Board may at any time, if it thinks just, direct the Registrar to restore to the register or roll any name removed therefrom under subsection (1). (3) The Board shall, as soon as practicable after ( a ) the registration or enrolment of any person has been suspended; or the name of any person has been removed from the register or roll; or ( r ) the name of any person which was so removed is restored to the register or roll, cause a notice of the appropriate fact to be published in the Gazette. (4) Where the name of a person has been removed from the register or from the roll, as the case may be, the Board may in writing require that person to return to the Registrar his certificate of registration and certificate of enrolment, and that person shall comply with that require ment. 17. ( 1 ) There is hereby established for the purposes Tribunal. of hearing appeals from the decisions of the Board a Veterinary Appeal Tribunal (hereinafter referred to as the Tribunal). Second Schedule. (2) The provisions of the Second Schedule shall have effect as to the constitution of the Tribunal and otherwise in relation thereto. Appeal to Tribunal. (1) Any person who is aggrieved (a) by the refusal of the Board to register him as a veterinary surgeon or to enrol him as an animal health assistant; or by the decision of the Board to censure him, or to suspend his registration or enrolment, or to cause (2) (b) Veterinary Appeal 18. ( b) LAWS OF ANTIGUA AND BARBUDA Veterinary (CAP. 464 his name to be removed from the register or from the roll, may appeal to the Tribunal against such refusal or decision in such manner and within such period as may be prescribed. (2) The Tribunal (a) at the hearing of an appeal against refusal of registration or enrolment, dismiss the appeal, or allow the appeal and direct the Board to cause the registra tion or enrolment to be effected; ( b ) at the hearing of an appeal other than an appeal against refusal of registration or (i) dismiss the appeal and confirm the decision of the Board; or (ii) allow the appeal and set aside the decision of the Board; or (iii) allow the appeal and direct that the disci plinary proceedings in respect of which the decision of the Board was made be ducted by the Board; or (iv) set aside the punishment inflicted by the Board and impose in substitution therefor such other less severe punishment mentioned in subsection (1) of section 15 as the Tribunal may think proper. ( 3 ) Upon allowing any appeal from any decisions of the Board under subsection (1) of section 16, the Tribunal shall cause notice of its decision to be published in the shall, in the event of the appellant's certificate of registration or certificate of enrolment having been returned under subsection (4) of section 16, direct that such certificate be restored to him. 19. Any person who- Offences and penalties. (a) procures or attempts to procure registration or enrolment for himself or for any other person by (i) making, or causing to be made, any mislead ing, false or fraudulent representation or 9 may enrolment recon Gazette and (1) knowingly LAWS OF ANTIGUA AND BARBUDA 10 CAP. 464) Veterinary declaration, either orally or in writing, or otherwise; or (ii) producing, or causing to be produced, false or fraudulent or certificate; wilfully makes, or causes to be made, any falsi fication in any matter relating to the register or to the roll; advertises or holds himself out as a person authorised or qualified to practise veterinary surgery; is guilty of an offence liable summary conviction to a fine of five thousand dollars and to imprisonment for a term of year. (2) person who, heing registered as a this Act takes or uses any addition or description implying or calculated to lead persons to believe that he is registered as a veterinary surgeon, or that he is recognised by law as a person authorised or qualified to practise veterinary surgery; or assumes or uses any affix indicative of any occupational designation relating to the practice of vet erinary surgery; advertises or holds himself out as a person authorised or qualified to practise veterinary surgery, is guilty of an offence liable on summary conviction to a of five thousand dollars and to for a term of six months. Subject to subsection any person who, during a period when his registration as a veterinary surgeon this Act is suspended, or who, being registered as a vet erinary surgeon this (a) practises veterinary surgery in any of its branches; or (0) for reward, diagnoses or offers to diagnose or attempts to diagnose animal disease, ailment, deformity, defect or injury, or examines or advises any physical condition of any animal; or any docum·ent ( b) ( c) and on one ;\11y not veteri 11aq surgeon under ( a) title, (b) ( c) and fine imprisonment (3) ( 4), under under not Act any upon LAWS OF ANTIGUA AND BARBUDA (CAP. 464 I I (c) prescribes or administers any drug, serum o r any other substance or remedy, applies any apparatus, or performs any operation or manipulation for the cure, treatment or prevention of any animal disease, ailment, deformity, defect or injury; or (d) acts as the assistant or associate of any person who performs any of the acts specified in this subsec tion, is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to imprisonment for a term of six months. (4) The provisions of subsection (3) shall not apply ( a ) any person registered, enrolled or licensed under this or any other enactment who performs or provides any service which he is authorised or entitled to perform thereunder; any student of veterinary surgery performing the services approved by his faculty or school as part of his course of instruction or part of any examination relation thereto; any services approved by the Board to be per formed by any person in the course of his training for enrolment as an animal health assistant; (d) any person performing the functions which he is employed by the Government to perform; ( e ) any person giving necessary veterinary aid in cases of urgent need without hire, gain or hope of reward; or the domestic administration of home remedies, (g) such other circumstances as may be pre scribed. 20. (1) The Board may, with the approval of the Minister make regulations generally for effect to the purposes and provisions of this Act and in particular, but without prejudice to the generality of the foregoing, may make Veterinary to ( b) lll ( c) (/) Regulations giving regulations LAWS OF ANTIGUA AND BARBUDA CAP. 464) ( a ) prescribing the requirements which shall be a prerequisite for as animal health assistants under this Act; with respect to the conduct of examinations as specified under paragraph (c) of section 4; (c) prescribing the form of, and particulars to be included in, the register and the roll, the manner in which additional qualifications obtained in veterinary surgery or related subjects by a registered veterinary surgeon or enrolled animal health assistant may be added to those particulars entered in the register or the roll in relation to him, and the procedure to be fol lowed to ensure that the particulars in the register and the roll are kept up to date; prescribing the forms for application for reg istration or enrolment and certificates of registration or enrolment; ( e ) prescribing fees for registration or enrolment and other matters under this Act. prescribing the manner in which inquiries or disciplinary proceedings may be instituted before the Board, the procedure to be followed in the conduct of such inquiries or proceedings and matters incidental to or consequential on such proceedings; (g) prescribing the manner of appealing to the Tribunal and as to the proceedings in any such appeal and matters incidental to or consequential on such proceedings; (h ) prescribing the nature of the functions of ani mal health assistants and the conditions under which those functions may be performed and any other mat ters relating to those functions; (i) prescribing any other matter or thing which may be, or is required by this Act to be prescribed. ( 2 ) Regulations under this section may contain differ ent provisions for veterinary surgeons and for animal health assistants. 12 Veterinary enrolment (b) (d) (/) LAWS OF ANTIGUA AND BARBUDA Veterinary 464 FIRST SCHEDULE (Section 3) The Board shall consist Constitution the Board. (a) the Chief Veterinary Officer or his nominee (being a member of the Government Veterinary Service); and four other persons appointed by the Minister after consultation with any body recognised by the Minister as rep resenting veterinary surgeons or in the absence of such body with any person recognised by the Minister as representing veterinary surgeons. The Minister shall appoint one of the members of the Chairman. Board to be the chairman thereof. The appointment of a member of the Board shall, subject Tenure of office. to the provisions of this Schedule, be for a period not exceeding three years and such member shall be eligible for re-appointment. If the chairman or any other member of the Board is absent or unable to act, the Minister may appoint any person to act in the place of the chairman or such other member and, in making the appointment, the Minister shall have regards to the provisions of paragraph 1. (1) Any member of the Board, other than the chair- Resignations. man, may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman. (2) The chairman may at any time resign his office by instru ment in writing addressed to the Minister. (3) Every such resignation as aforesaid shall take effect from the date of receipt by the Minister of the instrument of resignation. 6. The Minister may at any time revoke any appointment made under this Schedule. appointments. 7. If any vacancy occurs in the membership of the Board such vacancy shall be filled by the appointment of another mem ber who shall, subject to the provisions of this Schedule, hold for the remainder of the period for which the previous member was appointed; and, in making such appointment, the Minister shall have regard to the provisions of paragraph 1. 8. The names of all members of the Board as first con stituted, and every change in the membership thereof shall be published in the Gazette. of (b) 2. 3. 4. 5. office (CAP. of Acting appoint ments. Revocations of Filling of vacancies. Gazetting of membership. 11 LAWS OF ANTIGUA AND BARBUDA Funds of Board. Accounts and audit. Annual reports and estimates. Seal and executions of document. Procedure and meetings. CAP. 464) Veterinary The funds of the Board shall consist of such moneys as from time to time be placed at its disposition for the purposes of this Act by Parliament, and such other moneys as may be lawfully paid to the Board. The Board shall keep proper accounts of its receipts, payments, assets and liabilities such accounts shall be audited annually by the Director of Audit. (1) The Board shall in each year prepare and submit to the Minister on or before the thirtieth day of June a report of proceedings during the twelve months ending on the thirty first day of March in that year, including a statement of its accounts audited in accordance with paragraph 10. (2) The Board shall on or before the thirty-first day of October in each year submit to the Minister for approval its of revenue and expenditure in respect of the period com mencing on the first day of April next following and ending on the thirty-first day of of the subsequent year. (1) The Seal of the Board shall be kept in the custody of the Chairman or the Registrar and shall be affixed to instru ments pursuant to a resolution of the Board in the presence of the chairman, or any other member of the Board and the Registrar. (2) The Seal of the Board shall be authenticated by the signa tures of the Chairman, or any other member authorised to act in that behalf, and the Registrar. (3) All documents, other than those required by law to be under seal, made by, and all decisions of, the Board may be signi fied under the hands of the Chairman, or any other member authorised in that behalf, and the Registrar. 13. (1) The Board shall meet at such times as may be expedient for the transaction of its business, and such meetings shall be held in such places on such days and at such times as the Chairman may determine. (2) The chairman may at any time call a special meeting of the Board and shall call a special meeting within fourteen days of the receipt of a written requisition for that purpose addressed to him by any two members of the Board. (3) The chairman shall preside at all meetings of the Board at which he is present, and, in the case of the chairman's absence 14 9. may 10. and 11. its esti mates March 12. LAWS OF ANTIGUA AND BARBUDA (CAP. 464 from the meeting, the members present and constituting a quo shall elect one of their to preside at the meeting. (4) A of the Board shall be three. (5) T h e decisions of the Board shall be by a majority of votes, and in addition to a n original vote, the chairman o r other of the Board presiding at a meeting shall have a casting vote in any case which the voting is (6) in the proper form of each meeting of the Board shall be kept. (7) The validity of the proceedings of the Board shall be affected by any vacancy amongst the members thereof o r by any in the appointment of any thereof. 14. T h e Board may appoint such committees as it thinks fit, and may delegate to any committee so appointed the power and authority to carry out on its behalf such functions as the Board may determine, so, however, that n o such shall have the power to make regulations. (2) The constitution of each committee shall be by the Board. (3) A committee appointed pursuant to this paragraph may persons who are not members of the Board. (4) The provisions of paragraph 15 shall apply to a member of a committee who is not a member of the in like manner as they apply to a member of the Board. 15. (1) No of the Board shall be personally liable for any act o r default of the Board done or omitted to be done in good faith in the of the operations of the Board. 16. There shall be paid from the of the Board to the Remuneration chairman and other members of the Board such remuneration whether by way of salary or fees, and allowances as the Minister may determine. 17. T h e of chairman or member of the Board shall not be a public office for the purposes of Chapter of the of Antigua and Barbuda. Veterinary rum number quorum mem ber 111 equal. Minutes not defect member (l) committee determined include Board member course funds honorarium, such office VII Constitution Committees. Protection of n1embers. members. Members not public officers. of LAWS OF ANTIGUA AND BARBUDA 16 CAP. 464) Veterinary SECOND SCHEDULE (Section 17 (2)) Constitution of The Tribunal shall be appointed by the Minister and Tribunal. shall of a chairman and two members sitting together. Tenure of office The members of the Tribunal shall, subject to the of members. sions of this Schedule, hold office for such period not exceeding three years as the Minister may determine and shall be eligible for re-appoin tment. Acting 3. The Minister may appoint any person to act in place of appointments. the chairman or any other member of the Tribunal in the case of the absence or inability to act of the chairman or other member. Resignation. 4. member of the Tribunal other than the man may at time resign his office by instrument in and transmitted through the chairman and the of the I-cceipt by the Minister of such instru ment that shall cease t o be a member of the Tribunal. (2) The chairman may at any time resign his office by instru ment in writing addressed to the Minister and such resignation shall take effect from the date of receipt by the Minister of that instrument. Revocation of The Minister may at any time revoke the appointment of appointments. any member of the Tribunal if he thinks it expedient so to do. Filling of 6. If any vacancy occurs in the membership of the Tribunal vacancies. such vacancy shall be filled by the appointment of another mem ber who shall, subject to the provisions of this hold office for the remainder of the period for which the previous member was appointed. Publication of The names of all members of the Tribunal as first membership. and every change in membership thereof shall be published in the Remuneration of 8. There shall be paid to the chairman and other members members. of the Tribunal such remuneration whether by way of honorarium, salary or fees, and such allowances as the Minister may determine. Voting. The decisions of the Tribunal shall be by a majority of votes of the members and in addition to an original vote, the chairman shall have a casting vote in any case in which the vot ing is equal. i;:onsist 2. (l) Any any addressed to th~ Minister from date member 5. 7. tuted Gazette. 9. provi chair writing Schedule, consti LAWS OF ANTIGUA AND BARBUDA Veterinary (CAP. 464 17 Subject to the provisions of this Act, the Tribunal may proceedings. regulate its own proceedings. The office of chairman or member of the Tribunal shall not be a public office. public officers. 10. Power to regulate 11. Members not