Veterinary Act (No. 2 of 1987)

No.2 of 1987. The vete~inary Act, 198? Saint Christopher and Nevis. I assent, CLEMENT A. AIUlIMDELL ~t. 27th April, 1987. SAINT CHRISTOPHER AND MEVIS No. 2 of 1987 Board AM ACT to provide for the registration and control of veterinary surgeons and ant.al health assistants and the practice of veterinary surgery and matters connected therewith or incidental thereto.)' (by notice published in the Gazette.) BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Me.is and by the Authority of the S88e as follows: 1. This Act ..y be cited as the Veterinary Act, 1987."and shall C08le into operation on a date to be appointed by the Minister by notice published in the Gazette. 2. In this Act "ani..1 health assistant" means a person enrolled as an ani...l health assistant in ac~ordance with this Act; "Board" ~ans the Veterinary established by section 3; "Register" means the Register of Veterinary Surgeons specified under section 6; "Registrar" means the public officer designated under section 5; Co...nc:e....t. Sh...t titl.an. ee..enc.....t. Interpr.ta tion. Ett.lhh ...t .f ....4. First Selt....le. Fnctio..s oft" ....d. 2 'rM V.t.J-~ Act, 2987 - J. "Roll" .ean. the Roll of Aniaal Health A••i.t~nts .pecified under .ection 121 "veter"nary .urlery" ..an. the art And .cience of veterinary eurlery and medicine and include. (a) the dialnosla of di.ea.e. In, anel injuries to, an1ll81., includinl teats performed on anlaal. for diaanostic purposes; (b) the livinl of adviee baseel upon sucb diagnosla; (c) the surlical or .edieal treat.llent of animals; and (d) the performance of .urlieal operation on ant.als. 3.(1) There is establisheel for the purposes of this Act a body to be ealled the Veterinary Board. (2) The provisions of the First Scheelule shall bave effect with respect to the constitution and procedure of the Boarel aDd otherwise in relation thereto. 4. The functions of the Board shall be (a) to register veterinary surleons aDd enrol animal health assistants; (b) to regulate the training of persons for enrolment as animal health assistants; (c) to appoint examiners to conduct such exaainations in respect of persons applying for enrolment as animal health assistants as may from time to time be necessary under the provisions of this Act; (d) to ensure the maintenance of acceptable standards of pro fessional conduct by persons registered as veterinary surgeons or enrolled as animal assistants, as the case may be, under this Act. 3 The Vetezei1tary Act. 198? - 2. 5. The Per.anent Secretary of the Ministry of Agriculture 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 frota ti.. · to time determine a Register. to be known as the Register of Veterinary Surgeons in which shall be ente red the name 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 plaroe as the ~ard may. frota 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 unless (a) he holds a degree in veterinary surgery frota a university or college, that in the opinion of the Board is evidence of satisfactory training in veterinary surgery; or (b) he has any other qual Hication in veterinary surgery considered by the Board' to be of at least an equivalent standard to that specified in paragraph (a). 8. The Board shall cause the Registrar to place on the Register, on payment of the prescribed fee, the names, qualifications and addresses of persons who are already ent itled to be registered by virtue of this Act and such persons shall thereupon be subject to the provisions ot this Act. 9. After the commencement of this Act, every person who is q..:a 11fled to be registered as a veterinary surgeon or to be enrolled as an ani..l health assistant under this Act and desires to practise as such in Saint Christopher V.tt..in , R.gi.t . R.ght... of v.tt..ln..., .u..g.on•• Ou.Uf{ca tion. fOf' ...gistra tion .. vete..in ..., .u..geon. Regist... tiOft of p on. .l d' qu.l i fied. Annu.l registra tion .nd enrol ••nt. 4 Th. Veterinary Act, 1987 - !. Appl1cation for registra tion al a veterinary surgeon. and Nevis shall cause his name to be entered by the Registrar in the Register and pay the prescri~ed fees and is entitled to obtain a certificate of such registration or enrolment. 10. Every application for reai.tration a. a veterinary luraeon Ihall be ..de to the Board and aha 11 be accc.panied by .uch docw.enta a. may be prescribed. the applicant possesses the qualifications under section 7; and Registra tion of veterinary surgeons. 11.(1) relation to that (a) If the Board any application is satisfied in for registration of good fit and practise is ia a to the applicant character and proper person veterinary surgery, (b) the Board shall authorise the Registrar to register the applicant as a veterinary surgeon and the Registrar shall notify the applicant in writing accordingly and on payment by hi. of the prescribed fee furnish hi. with a cert if icate of registrat ion in the prescribed form. Roll of aninI health assistants. (2) Every veterinary surgeon registered under this Act shall be entitled to practi&e veterinary surgery in Saint Christopher and Nevis and to demand and recover any reasonable charge for services rendered by hi. as a veterinary surgeon and for any drugs, aedicine or appliances supplied by him. 12.(1) The Board shall cause the Registrar to keep in such form as it may from tiae to tiae determine a Roll, to be known as the Roll of AnimaI Health Assistants, in eich shall be entered the naae and such other particulars as may be prescribed of every person enrolled under this Act as an animal health assistant. (2) The Roll shall be kept at such 5 1M YstC1"inarV Act I 191J? - '2. plac~ a8 the Board ma, froca tilDe. U. U,1Ie determine, and shall be .open t.o inspeeU:oab, the public a.t all J"ea8oP&bl,e t.~•• aDd • cop, of the ao11 AiJl.U be pl,lbUahe4 tn t.he ~tt. 8r such t s..e. and in .uc.l1 nner •• .., be preacrlbecl. U. Ivery appl fcattop for:' enrol..nt .a •• animal health assistant sball be ..d. to the Board in ~~e prescribed fona and ahall be accompanied J>y f:lle pr~ ..cribed fee and by .uch documents as lDay J>~ Pfe~crlbed. 14. If the Board is sathHed tn ..elation to any application for C!nrollient a. an ani..l asslstant that <al the appllc.nt po....... the proscribed <luaHf.1~atioaaa .M (b) the appUcant 1. of aood cbaeact.er and la a fit •• proper person to pxact i.. as .. animal health assistant. the Board shaH authorise. the RegistJ:ar "C). eorol the applicant as an. animal health. assistant, and the Registrar shall notify the applicant lit writ ing accordinal, and on paywaent. by hia of lilt' prescribed fee furnish hI. '(itil a certificate of eArol~nt. in the preKribed (ona. ."Ucatt.. fer .....1 ....t ••• ...1••1 h••lth •..hta.t•. h ...l •••t .f ,.1..1 h.,lth , ..htut. 15.• (1) It I\eg,ist.rar shall be the duty of the, .....t of -.atteP Of"' !tell. (a), to remove f roa the Regis.t.er 01" Roll, as the case may be, aay entry which. the Board acti. under the provisioll& of subsection (2) of this sectios or under paragraph (d) directs hi.. to remove; (b) to restore to the Register or Roll, as the case ma, be, aD, entry which the Board acti.. under the provisions of sub section (2) of this section or 6 1M V.t.J/~N Aot, 198? - J. under lection 14 directl hi. to reltorea (c) to correct In accordance with the Board'. direction., any entry in the lellater or loll, as the case may be, which the Board directs him in writinl to correct as beinl in the opinion of the Board an entry which vas incorrectly made; (d) to remove from the Rellater or the Roll, as the case may be, the name of any person vho has died, or who, for a period of not less than two years, has ceased to practise in Saint Christopher and Nevis as a veterinary surleon or an animal health assistant, as the case may be, or who, for a like period, has been absent from Saint Christopher and Nevis; and (e) to make from time to time any necessary alterations in any of the particulars contained in the Register. (2) The Board may at any tille direct the Registrar to restore to the Register or Roll any name removed therefrom under sub section (I). Cenlure, lUIpension and Itriking off. 16.(1) If enrolled under by the "Boar d in (a) any person registered or this Act is found upon enquiry the prescribed manner to be suffering from any physical or mental condition, 01" from any habit, which renders him unfit to practise as a veterinary surgeon or, as the case may be, to perform sat isfactorily his functions as an animal health assistant; or 7 Th. Vflt."iPl4rJ( Act. 198'1 - 2. (b) to have procured his registration or enrolment a. the ca.e may be, under thll Act. a. a re.ult of ary ai.l.adina, fal.e or fraudulent repre••ntation•• or (c) to have been convicted of • criminal offence. or (d) to be guilty of dishonesty, negligence, or incompetence in the performance of his functions a. a veterinary surgeon or, a. the ca.e ..y be, an ani...1 health aaalltant, or of conduct that is, in the opinion of the Board, unprofeasiona1, or di. graceful or discreditable to the profeasion, the Board ..." if it thinks fit (1) in the case of the matters specified in paragraph (c) or (d) censure him; or (it) in the case of the matters specified in paragraph (a), (b), (c), (d) suspend his registration or enrolment for a period not exceeding two years, or direct the Registrar in writing to remove his name from the Register or Roll, as the caae may be. (2) The Board may at any time, if it thinks just, direct the Registrar to restore to the Register or Roll any name re.oved therefrOll under subsection (1). (3) The Board sha11, as soon aa practicable after (a) the registration or enrolment of any person has been suspended; or V.h..lna.., Appeal trlbunal. Second Schedul•• Appeal to tribu"al. 8 The V.t.rtncPy Act, JIB? - J. (b) the name of an1 perloll hal been removed frOil the Ileailter or Roll; or (c) the na1I8 of an1 perlon which "I 10 removed il reltored to the lesilter or loll, cause a notice of the appropriate fact to be published in the Gaaette. (4) Where the name of a person has been removed, frOll the Register or fro. the Roll, as the ease may be, the Board -, ill writing require that person to return to the Registrar his certificate of registration or certificate of enrolment and that person shall comply with that requirement. 17.(1) There is hereby established for the purposes of hearing appeals fro. the decisions of the Board a Veterinary Appeal Tribunal (hereinafter referred to as the Tribunal). (2) The provisions of the Second Schedule shall have effect as to the construction of the Tribunal and otherwise in relation thereto. 18.(1) Any person who is aggrieved (a) by the refusal of the Board to register him as a veterinary surgeon or to enrol hia as an animal health assistant; or (b) by the decision of the Board to censure him, or to suspend his registration or enrolment, or to cause his name to be removed from the Register or fro. 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 may (a) at the hearing of an appeal against refusal of registration 9 Ths Vete~nmey Act, 198? - J. or enrolment, dismiss the appeal, or allow the appeal And direct the Board to cause the reghtra t ion or enro lment to be effectedJ (b) at the hearing of an appeal other than an appeal against refusal or registration or enrolment (1) dismiss the appeal and confirm the decision of the Board; or (il) allow t.he appeal and set aside t.he decision of t.he Board; or (iii) allow the appeal and direct t.hat the dis ciplinary proceedings in respect of which the decision of the Board was made be reconducted by the Board; or (iv) set aside the punishment inflicted by the Board and impose in substitution therefor such other less severe punishment men tioned 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 Gazette and shall, in the event of the appellant's certificate of registration or certificate of enaolment having been returned under sub section (4) of section 16, direct that such certificate be restored to him. 19.(1) Any person who - Offences and penalties. 10 f~~ V,hriMr~ Aa~. ua, - I. {a} ~H}";U\"•• \)f au•.,U to p~un te,hHatt~n or ."1'ot nt fo1' ~\IU.U ~.~ t~f .ft' otM1' penH by ~Qo"l.ly ... ~,> taak.1oe, tM' OMaba to .. UWMM .. aa, .hlM4t.... f.be C)X' h~l..t ~.,~.... ~entat i..0Dt C)zt cittetanc:icn.t.. eit,lwu: <u:alty at m \lieit, ins... c)l: oth.rd..... or ( i.l)., J)l'l>Oucina., CK'- CtWains- tQ', 00, pcoduce4., an~' f.al'se: or fraudulent.. doc~ CD':" cert lftcate;. (b) 'ol11 fully, nwau-.. or: ca~ ee- ., made. &ny. fals.1f1ca~iOtl- in: ...,.... matter relet ina. to, tiMt~ Re&!8ter or to the Roll; (c) advertisea, or: holda, hi if: out: as a, parSOR· authoril.d~ o~ qua 1it ted, to, pr:act ise. veterinarr surgery. is, guilty of an.of.{en(;,8 aQQ liable, on~ 9" rr conviction to a fine. of. five tho....., dollan-, and to.talprisollme.ot. lor,a tera,·of ooey..ri. (2) Any. pexson, who. not: bei~l registered as a veterinary. surs-oa·, uadet- this e Act (a) takes o~ uses. any title, addil:t01l!' or desc.ription. i.lyi~,: or' calculated. to lead Pel'~; to:2 believe that he. is re3i.etered as: i) veterinary surgeon. or- that. he is rec:.ognise.d h, la...aa, apersoR" authorised or. qualified. ta: prac:.tise. veterinary· sur~o~· (b) assuees., or, 1Ise6!-,. an,...,.. affix. indicative". oC an,.. oCC-upat;.ton.l-: designation.. re-1ati~" to:-" the--· pracr t se. of veterinary"surgerrror:-' II The VeterinaJ-y Aot, 198? - 2. (c) advertises or holds hiaself out as a person authorised or qualified to practise veterinary surgery, is guilty of an offence and liable on sUlll;l8ry conviction to a fine of five thousand dollars or to imprisonment for a term of six months. (3) Subject to subsection (4), any person who, during a period when his registra tion as a veterinary surgeon under this Act is suspended, or who, not being registered as a veterinary surgeon under this Act (a) practises veterinary surgery in any of its branches; or (b) for revard, diagnoses or offers to diagnose or attempts to diagnose any animal disease, ailment, deformity, defect or injury, or examine or advises upon any physical condition of any animal; or (c) prescribes or administer any drug, serum or any other sub stance or remedy, applies any apparatus, or performs any operation or manipulation for the cure, treatment or prevent ion of any animal disease, .aillEnt, deformity, defect or injury; or (d) acts as the assi~tant or associate of any person who performs 3ny of the acts specified in this subsection, . is guilty of an offence and liable on SUlllnary convict"ion to a fine of five thousand dollars and to imprisonment for a te~ of six months. (4) The provisions of subsection (3) shall not apply to (a) any person registered, enrolled or licensed under this or any other enactment who performs or 12 The Yet~~inary Act. 198? - 2. provides any service which he is authorised or entitled to perform thereunder; (b) 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 in relation thereto; as an by the by any of his (c) any services approved Board to be performed person in the course training for enrolment animal health assistant; (d) any person performing the functions which he is employed by the Government to perform; Regulations. (e) any person giving necessary veterinary aid in cases of urgent need without hire. gain. hope or reward; (f) the domestic administration of home remedies; or (g) such other circumstances as may be prescribed. 20.(1) The Board may. with the approval of the Minister make regulations generally for giving effect to the purposes and provisions of this Act and in particular. but without prejudice to the generality of the foregoing, may make ~egulations (a) prescribing the requirements which shall be a prerequisite for enrolment as animal health assistants under this Act; (b) with respect to the conduct of examinations as specified under paragraph (c) of section 4; (c) prescribing particulars the form of, and to be included in, 13 Tn. V.t.l'iMl1f Act, 19B1 - J. the Register and the Roll, the manner in which additional qualifications obtained in veterinat'}' surgery or related subjects by a reai.tered veterinary surgeon or enrolled animal health assistant .., be added to those particulars entered in the Register or the Roll. in relation to him, and the procedure to be followed to ensure that the particulars in the Register and the Roll are kept up to date; (d) prescribing the forms for application for registration or enrolment and certificates of registration or enrolment; (e) prescribing fees for registration or enrolment and other matters under this Act; (f) prescribing the ma~ner 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 pro ceedings; (g) prescribing the manner of appea l Ing 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 animal health assistants and the conditions under which those functions may be performed and any other matters relating to those functions; Constitution of the Bo.rd. Tenur. of office. Acting appoint .ents. Resigna tions. 14 The VeteM.nt:z:ry Act, 198? - 2. (i) prescribing any other matter or thing which .y be. or ia required by this Act to be prescribed. (2) Regulationa under thia section ..,. contain different proviaions for veterinary surgeons and for animal health assistants. First Schedule (Section 3) 1. The Board shall consist of (a) the Chief Veterinary Officer or his nominee (being a member of the Government Veterinary Service); and (b) four other persons appointed by the Minister after consultation with any body recognised by the Minister as representing veterinary surgeons or in the absence of such body with any person recognised by the Minister as representing veterinary surgeons. 2. The Minister shall appoint one of the members of the Board to be the chairman thereof. 3. The appointment of a member of the Board shall, subject to the provisions of this Schedule, be for a period not exceeding three years and such member shall be eligible for re-appointment. 4. 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 regard to the provisions of paragraph 1. S. (1) Any member of the Board, other than the chairman, may at any time resign his office 15 Th. VetfJ~inaJ'1l Act, 198? - 2. by instrument in writing addressed to the Miniater and trans~itted through the c~airman. (2) The chairman may at any time resign his office by instrument 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. Revocation of appoint .ents. . 7 • 1 f any vacancy occurs in the member ship of the Board such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office 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 constituted, and every change in the membership thereof shall be published in the Gaz.ette. 9. The funds of the Board shall co. 'ist of <uch moneys as may from time to time be placed at its disposition for the purposes of this Act by Par l iament, and such other moneys as may be lawfully paid to the Board. 10. The Board shall keep proper accounts of its receipts, payments, assets and liabilities and such accounts shall be audited annually by the Director of Audit. Filling of vacancies. Gazetting of .e.bership. Funds of Board. Accounts and audit. Annual reports and etti.ates. year such its its para 11. (1) The Board shall in each prepare and submit to the Minister at times fS may be prescribed a report of proceedings including a statement of accounts audited in accordance with graph 10. (2) The Board shall by such time as may be prescribed in each year submit to the Minister for approval its estimates of revenue Seal and executions of docu 't@nts. Procedure and .eetings. 16. The Veterinary Act, 1987 - 2. and expenditure in respect of each period as may be prescribed. 12.(1) The Seal of the Board shall be kept in the custody of the chairman or the Registrar and shall be affixed to instruments pursuant to a resolution of the Board in the presence of the chairman, or any other IDelaber of the Board and the Registrar. (2) The seal of the Board shall be authenticated by the signatures 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 signified under the hand of the chairman, o r 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 it s business and such meetings shall be held in such places on such days and at such times as the Board 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 ~eetings of the Board at which he is present, and in the case of the chairman's absence from the meeting, the members present and constituting a quorum shall elect one of their numbers to preside at the meeting. (4) A quorum of the Board shall be three. (5) The decisions of the Board shall be by a majority of votes, and in addition to an original vote, the chairman shall have a casting vote in any case in which the voting is equal. Protection of .eebers. 17 The Vete~inary Aet. 198? - 2. (6) Minutes in the proper form of each meeting of the Board shall be kept. (7) The validity of the proceedings of tbe Board sball not be affected by any vacancy amongst the members thereof or by any effect in the appointment of any member thereof. 14. (1) The Board may appoint sucb Co.itt•••• coanittees 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, .se , however, that no such committee shall have the power to make regulations. (2) The constitution of each committee shall be determined by the Board. (3) A cOlllllittee appointed pursuant to this paragraph may include 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 Board in like manner as ,t.hey apply to a member of the Board. 15. No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board. 16. There shall be paid from the funds of the Board to the chairman and other members of the Board such remunerat ion whether by way of honorarium, salary or fees, and such allowances as the Minister may determine. Second Schedule (Section 16(2» 1. The Tribunal shall be appointed by the Minister and shall. consist of a chairman and two members sitting together. Re.uneration of .e.bers. Constitution of Tribunal. any person to or any other case of the chairman or Tenure of eff i ee of .nbers. Acting :hair.an. lesignation. vocation appoint '\ts. lling of :ancies. l8 The Veterinary Act, 1987 - 2. 2. The members of the Tribunal shall, subject to the provisions of this Schedule, hold office for such period not exceeding three years as the Minister may determine and shall be eligible for re-appointment. 3. The Minister may appoint act in place of the chairman member of the Tribunal in the absence or inability to act as other member. 4.(1) Any member of the Tribunal other than the chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman and from the date of the receipt by the Minister of such instrument that member shall cease to be a member of the Tribunal. (2) The chairman may at any time resign his office by instrument in writ ing c1ddressed to the Minister and such resignation sh~ll take effect from the date of receipt by the Minister of that instrument. S. The Minister may at any time revoke the appointment of any member of the Tribunal if he thinks it expedient so to do. 6. If any vacancy occurs in the membership of the Tribunal such vacancy shall be filled by the appointment of another member who shall, subject to the provisions of this Schedule, hold office for the remainder of the ~eriod for which the previous member was appointed. Ucation Inber 7. The names af all Tribunal as first constituted in membership thereof shall be Gazette. members of the and every change published in the be paid to the chairman of the Tribunal such by way of honorarium, such allowances as the iner a I of ers , ng. 8. There shall and other members remuneration whether salary or fees, and Minister may determine. 9. The decision of the Tribunal shall be 19 Th~VettlJ'~ Aet, 198? - 2. by a majority of votes of the members and In addition to an original vote, the chairman shall have a casting of vote in any case in which the voting i. eqn.l. 10. Subject to the provisions of this Act, the Tribunal may regulate its own proceedinS8. 11. The office of chairman or member of the Tribunal shall not be a.public office. IVAN BUCHANAN Speaker. Passed the National Assembly this 21st day of April, 1987. F. ALPHONSO LEWIS Clerk of the NatimJa Z. Assemb7,y• • • • Pover to regulate pt'oc.edingl. "e.bers- not public officers.