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22 2005

Veterinary Practice Act 2005

PART 10

Investigations by Council

Appointment of authorised officers of Council.

124. —(1) The Council may appoint in writing, either generally, or in respect of any matter or event, a person to be an authorised officer of the Council for the purposes of this Act, and in this Act referred to as an “authorised officer”.

(2) Every authorised officer shall be furnished with a warrant of appointment as an authorised officer and, when exercising a power conferred on him or her by this Act shall, if requested by a person affected by this Part, produce the warrant or a copy of it to that person.

(3) An appointment under this section shall cease—

(a) where it is made for a fixed period, on the expiration of that period or upon revocation by the Council, whichever is earlier,

(b) where the person appointed is a member of the staff of the Council, upon his or her ceasing to be such a member or upon revocation by the Council whichever is earlier, or

(c) in any other case, upon revocation by the Council.

Functions of authorised officers.

125. —An authorised officer may—

(a) carry out an investigation at the request of the Council where the Council has reasonable cause to suspect that—

(i) an offence is being committed or has been committed under this Act, or

(ii) a registered person is acting in a manner that constitutes professional misconduct,

(b) in respect of an investigation under paragraph (a), furnish a written report of his or her findings to the Council within 21 days of concluding it,

(c) carry out an inspection of a veterinary premises and furnish a written report under section 117 .

Power to inspect premises for the purposes of section 125 (a).

126. —(1) In order to perform his or her functions under section 125 (a) an authorised officer shall apply to a Justice of the District Court to issue a warrant authorising the authorised officer to perform the functions referred to at subsection (2), and the Justice of the District Court may issue the warrant if satisfied by information on oath that it is proper for him or her to do so for the purposes of section 125 (a), which warrant authorises a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times within 1 month of the date of issue of the warrant, to enter that premises and perform any of the functions referred to at subsection (2).

(2) An authorised officer may:

(a) enter and inspect premises at or by means of which any activity, including the keeping of records in relation to that activity, in connection with the practice of veterinary medicine is carried on;

(b) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts from them, which he or she finds in the course of his or her inspection;

(c) remove any such books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act;

(d) carry out, or have carried out, such examinations, tests, inspections and checks as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act of—

(i) the premises,

(ii) any equipment at the premises,

(iii) any animal remedies at the premises,

(iv) any animals at the premises;

(e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents, or other records (and in the case of documents or records stored in non-legible form, produce to him or her legible reproductions of them) that are in that person's power or procurement, as he or she may reasonably require for the purpose of his or her functions under this Act;

(f) take samples of any animal remedy or any article used in the practice of veterinary medicine found at the premises for the purposes of analysis and examination;

(g) secure for later inspection any premises or part of any premises in which an animal is or has been kept or where an animal remedy or an article used in the practice of veterinary medicine is found or ordinarily kept, or records, books or documents are found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act; or

(h) take possession of or remove from the premises for examination and analysis any animal found on the premises or any animal remedy or article used in the practice of veterinary medicine and detain them for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act.

(3) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(4) In this section and, where applicable, in section 127

“premises” means any place, ship or other vessel, aircraft, railway wagon or other vehicle, and includes a container used to transport animal remedies, animals, or equipment used in the practice of veterinary medicine but does not include a State premises within the meaning of section 105 ;

“record” includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(c) a photograph,

and any reference to a copy of a record includes—

(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied in it,

(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied in it, and

(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;

“vehicle” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—

(a) part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) a container or skip designed or used for carriage on a vehicle or a trailer designed for use or used with a vehicle.

Power to inspect premises for the purpose of section 125 (c).

127. —An authorised officer may enter a veterinary premises to which a certificate of suitability applies or in respect of which a certificate of suitability has been applied for with the consent of the occupier of that premises, in order to carry out his or her functions referred to at section 125 (c).

Offences under Part 10.

128. —(1) A person who falsely represents himself or herself to be an authorised officer is guilty of an offence.

(2) A person commits an offence if such person—

(a) obstructs an authorised officer or member of the Garda Síochána in the exercise of a power conferred by section 126 ,

(b) without reasonable excuse, fails to comply with a request made by an authorised officer or member of the Garda Síochána under section 126 ,

(c) in purported compliance with such a request, gives information that the person knows is false or misleading.

Indemnification of authorised officers, etc.

129. —Where the Council is satisfied that an authorised officer appointed by it, or any other member of the staff of the Council, has discharged his or her duties in relation to the enforcement of the provisions of this Act in good faith, the Council shall indemnify the authorised officer, or such member of the staff of the Council, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

Functions of Council on receipt of report of investigation by authorised officer.

130. —(1) The Council shall consider a written report from an authorised officer following his or her investigation under this Part, as soon as possible after receipt of it by the Council.

(2) Following consideration of the written report the Council shall take whatever of the following actions that it considers appropriate—

(a) take no action,

(b) apply to the Registrar, under section 76 (1) for an inquiry into the fitness to practise veterinary medicine of the registered person to whom the written report of the authorised officer refers,

(c) if it appears to the Council that any person to whom the written report refers is guilty of an offence, the Council shall direct the Registrar to take specified action and the Registrar shall take such action,

(d) take such other action as it considers appropriate in the circumstances.

(3) For the purposes of subsection (2)(c), specified action to be taken by the Registrar may include referring the matter to the Minister, the Garda Síochána, the Revenue Commissioners, or the Director of Public Prosecutions and, in such a case, the Registrar shall furnish such information, and give such access to and facilities for inspecting and taking any copies of any documents being information or documents in the possession or under the control of the authorised officer, the Council, or the Registrar and relating to the matter in question as the Minister, Garda Síochána, Revenue Commissioners, or Director of Public Prosecutions, as the case may be, may require.

Penalties for offences under Part 10.

131. —A person who commits an offence under section 128 is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both