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22 2005

Veterinary Practice Act 2005

PART 3

Veterinary Council of Ireland

Establishment of Veterinary Council of Ireland.

11. —(1) On the establishment day there shall stand established a body to be known as Comhairle Tréidlianna na hÉireann or, in the English language, the Veterinary Council of Ireland, and in this Act referred to as the “Council”, to perform the functions conferred on it by or under this Act.

(2) The Council is a body corporate with perpetual succession and has power to sue and it may be sued in its corporate name and may acquire, hold and transfer property or an interest in property, both real and personal.

Procedure of Council.

12. —(1) Subject to the provisions of this Act the Council shall regulate, by standing orders or otherwise, the procedure and business of the Council.

(2) Schedule 2 applies to the Council.

Functions of Council.

13. —(1) Subject to the provisions of this Act, the principal function of the Council is to regulate the practice of veterinary medicine in the State and, unless the Board is established, the practice of veterinary nursing in the State.

(2) Without prejudice to the generality of subsection (1), the Council shall have the following functions:

(a) to establish and maintain the Register and the Register of Veterinary Nurses;

(b) to establish procedures and criteria for registration including the issue of certificates of registration and renewal of registration;

(c) to establish, publish, maintain and review codes of professional conduct for persons registered under Part 4 or 8;

(d) to specify and keep under review standards and approve programmes of education and further education necessary for the purposes of registration and continued registration under Part 4 or 8;

(e) to conduct inquiries into and, where appropriate, impose sanctions in relation to the fitness to practise of a person registered under Part 4 or 8;

(f) to advise the Minister in relation to any matter relating to the functions of the Council that the Council considers appropriate or is specified by the Minister;

(g) to promote the practice of veterinary medicine;

(h) to make pronouncements, as it sees fit, in relation to issues that affect the veterinary profession;

(i) to facilitate the exchange of information between those engaged in the practice of veterinary medicine or veterinary nursing and those who avail of veterinary services;

(j) where appropriate, to act as the competent authority for the purposes of—

(i) mutual recognition of veterinary qualifications obtained in or recognised by Member States,

(ii) all matters referred to in the Directives referred to in section 43 ;

(k) to borrow money in accordance with section 31 ;

(l) to specify and keep under review standards of veterinary premises;

(m) to enter into agreements in relation to the following matters with bodies in other states that are duly authorised to exercise functions in those states that correspond to the functions of the Council:

(i) recognition by the Council, for the purposes of registration under Part 4 or 8, of diplomas, degrees and other evidence of formal qualifications to practise veterinary medicine awarded in those states;

(ii) recognition by such bodies, for the purposes of authorisation of the practice of veterinary medicine in those states, of diplomas, degrees or other evidence of formal qualifications to practise veterinary medicine awarded in the State;

and

(n) to carry out investigations under Part 10.

(3) The Council may make and carry out arrangements with any person for the purpose of assisting the Council or any of its committees in the proper discharge of functions.

(4) The Council has all such powers as are necessary for or incidental to the performance of its functions under this Act.

Conferral of additional functions on Council.

14. —(1) The Minister may by order—

(a) confer on the Council such additional functions connected with the functions of the Council for the time being, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of additional functions on the Council.

(2) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(4) Nothing in this section shall be construed as restricting the power of any Minister of the Government to make regulations under section 3 of the European Communities Act 1972 .

Ministerial directions to Council.

15. —The Minister may give general policy directions to the Council in writing in relation to the performance by the Council of its functions and the Council shall comply with any such directions.

Appointment of members of Council.

16. —(1) The members of the Council shall be appointed by the Minister and shall consist of the following:

(a) one person who is registered or is eligible to be registered under Part 4;

(b) two persons who are not eligible to be so registered, but one at least of whom avails of veterinary services in the course of a business, trade or profession;

(c) one person who is not eligible to be so registered, but who performs functions relating to animal welfare;

(d) one person who is nominated for appointment as a member of the Council by the Minister for Education and Science and is engaged in the provision of higher education;

(e) 2 persons who are nominated for such appointment by a relevant body or bodies specified by the Minister by order under subsection (2) or, where no body is specified, are nominated for appointment by the National University of Ireland, of whom—

(i) one is registered or is eligible to be registered under Part 4 or 8,

(ii) one is not eligible to be so registered;

(f) one person who is nominated for such appointment by the Food Safety Authority of Ireland;

(g) one person who is nominated for such appointment by the Director of Consumer Affairs;

(h) 9 persons who are registered under Part 4, who are chosen for such appointment in accordance with section 18 ;

(i) one person who is registered under Part 8, who is chosen for such appointment in accordance with section 18 .

(2)  (a) Where the Minister considers it appropriate in the circumstances, the Minister may by order specify one or more than one relevant body for the purposes of subsection (1)(e).

(b) Where more than 2 relevant bodies are specified by order, they shall jointly nominate 2 persons for appointment.

(c) An order under this section shall not affect the Council members standing appointed pursuant to subsection (1)(e) or a previous order under this section.

(d) An order under this section may be amended or revoked by the Minister by order.

(3) In this section “relevant body” means a body that provides programmes of education or programmes of further education or grants degrees or other academic awards in relation to such programmes and includes the National University of Ireland but does not include the Council or the Board.

Nomination and appointment of certain members of Council.

17. —(1) The first members of the Council to be nominated to the Council under paragraphs (d), (e), (f) and (g) of section 16 (1) shall be nominated before the establishment day.

(2) If a person or body referred to in paragraph (d), (e), (f) or (g) of section 16 (1) as making the nomination referred to in the paragraph concerned does not furnish a nomination in writing to the Minister within 6 weeks of the receipt by such person or body of a request in writing from the Minister to so do, the Minister shall nominate a person to the Council whom the Minister considers would have been appropriate to have been so nominated.

(3) Subject to subsection (4) the Minister shall appoint with effect from the establishment day—

(a) 9 persons to be members of the Council whom he or she considers to be representative of the persons eligible to be chosen for appointment as members of the Council under section 16 (1)(h), and

(b) one person to be a member of the Council whom he or she considers representative of the persons who, in the Minister's opinion, would be eligible to apply for registration under Part 8 if the Register of Veterinary Nurses stood established.

(4)  (a) The appointments referred to in subsection (3)(a) shall cease on a day to be appointed under section 18 (4).

(b) The appointment referred to in subsection (3)(b) shall cease on a day to be appointed under section 18 (7).

Election.

18. —(1)  (a) The Council shall make rules, not later than 3 months after the establishment day, for the purpose of the election of persons for appointment as members of the Council under section 16 (1)(h),

(b) The Council shall make rules, not later than 3 months after the establishment of the Register of Veterinary Nurses pursuant to section 93 , for the purpose of the election of a person for appointment as a member of the Council under section 16 (1)(i).

(2)  (a)  (i) Elections referred to in subsection (1)(a) shall be held on a ballot and in a manner provided for by the rules.

 (ii) Elections referred to in subsection (1)(b) shall be held on a ballot and in a manner provided for by the rules.

(b) Rules made under paragraph (a) or (b) of subsection (1) may provide for such incidental, supplementary and consequential provisions as the Council considers necessary or expedient.

(c) Without prejudice to the generality of paragraphs (a) and (b) of subsection (1) or paragraph (b), rules may make provision in relation to—

(i) returning officers,

(ii) ballot papers,

(iii) date of election,

(iv) any other matter that, in the opinion of the Council, is required for the purposes of the election of members.

(3) As soon as practicable, but in any event not more than 3 months after the making of the rules referred to in subsection (1)(a), the Council shall hold elections for the purpose of electing persons for appointment by the Minister as members of the Council pursuant to section 16 (1)(h).

(4) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (3) as the day on which those members of the Council appointed by him or her under section 17 (3)(a) shall cease to be members of the Council.

(5) With effect from the day referred to in subsection (4), the Minister shall appoint as members of the Council those persons elected under subsection (3).

(6) As soon as practicable, but in any event not more than 3 months after the making of rules referred to in subsection (1)(b), the Council shall hold elections for the purpose of electing a person for appointment by the Minister as a member to the Council pursuant to section 16 (1)(i).

(7) As soon as practicable, the Minister shall appoint a day that is not more than 21 days after the completion of the elections referred to in subsection (6) as the day on which the member of the Council appointed by him or her under section 17 (3)(b) shall cease to be a member of the Council.

(8) With effect from the day referred to in subsection (7), the Minister shall appoint as a member of the Council the person elected under subsection (6).

Term of office of members of Council.

19. —(1) Subject to paragraph 15 of Schedule 2 and subsection (3), the Minister shall specify when appointing a person to be a member of the Council, that his or her term of office as such a member shall be for 4 years.

(2) Subject to subsection (3) the term of office of the first members of the Council shall commence on the establishment day.

(3)  (a)  (i) The 5 members of the Council appointed under section 18 (5), who received the highest number of votes to be chosen for the appointment, shall hold office for the term beginning on the date of their appointment and expiring on the date that is 4 years from the establishment day.

 (ii) The 4 members of the Council appointed under section 18 (5) who received the lowest number of votes to be chosen for the appointment, shall hold office for a term that is 2 years less than the term referred to at subparagraph (i).

(iii) Where 2 or more persons referred to at subparagraphs (i) and (ii) receive an equal number of votes to be chosen for appointment, it shall, if necessary, be determined by lot which of those persons shall hold office for the term referred to in subparagraph (i) and which for the term referred to in subparagraph (ii).

(b) The member of the Council appointed under section 18 (8) shall hold office for the term beginning on the day that he or she is appointed and expiring on the date that is 4 years from the establishment day.

Establishment of committees.

20. —(1) Subject to subsection (2), the Council may establish committees, other than the Preliminary Investigation Committee, the Fitness to Practise Committee and the Education Committee, to perform specified functions of the Council if it is of opinion that the functions may be performed more efficiently or conveniently by committees.

(2) A committee established under this section may include in its members persons who are not members of the Council.

(3) The chairperson of each committee established under this section shall be a member of the Council and shall be appointed by the Council as such chairperson.

(4)  (a) The Council may at any time dissolve a committee established under this section.

(b) Where a committee is dissolved under this subsection, the Council, subject to this Act, shall make such arrangements as it considers appropriate in respect of the work of the committee and the exercise of its functions.

(5) Subject to this Act, the acts of a committee established under this section shall be subject to confirmation by the Council unless the Council dispenses with the necessity for confirmation.

(6) Subject to this Act, the Council may regulate the procedure of committees established under this section and, subject to being so regulated, committees established under this section may regulate their own procedure.

Expenses of Council and members of Council, etc.

21. —(1) The expenses incurred by the Council shall be defrayed out of funds at its disposal.

(2) A member of the Council or of a committee established under this Act shall be paid, out of funds at the disposal of the Council, such allowances for travelling and subsistence expenses incurred in respect of his or her attendance at a meeting of the Council or of a committee or otherwise in connection with the affairs of the Council, as the Council may determine.

Removal of members of Council from office.

22. —(1) (a) If the Council fails, neglects or refuses to perform any function assigned to it under this Act, the Minister may issue a direction in writing directing the Council to perform the function within a period of time specified in the direction, and for that purpose, to do matters that are ancillary or incidental to such performance as may be specified in the direction.

(b) The Minister may amend or revoke a direction made under this subsection.

(2) If the Council fails to comply with any direction under subsection (1), the Minister may by order remove all of the members of the Council from office.

(3) An order under this section may contain any provisions that the Minister considers necessary or expedient to enable the functions of the Council to be performed despite the removal from office of its members, including the appointment of one or more than one person to perform all or any of the Council's functions.

(4)  (a) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House of the Oireachtas within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled, but without prejudice to the validity of anything done under the order.

(b) In the case of an order made under subsection (2), if a resolution annulling it is passed in accordance with paragraph (a) the members of the Council who had been removed from office by virtue of the order shall be deemed restored to office but without prejudice to the validity of anything previously done by any person or persons appointed to perform all or any of the functions of the Council under subsection (3).

Registrar.

23. —(1) There shall be a chief executive officer of the Council who shall be known and is referred to in this Act as the Registrar.

(2) The Registrar shall be appointed and may be removed from office at any time for stated reasons by the Council.

(3) The Registrar shall carry on and manage and control generally the administration and business of the Council and perform such other functions as may be determined by the Council.

(4) The Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(5) The Council shall act through, and its functions shall be performed in the name of the Council by, the Registrar or another member of the staff of the Council duly authorised in that behalf by the Registrar.

(6) The Registrar may make proposals to the Council on any matter relating to its activities.

(7) The Registrar shall be employed on a full-time basis by the Council and shall not hold any other office or position without the consent of the Council.

(8) The Registrar shall not be a member of the Council or of a committee established under this Act.

(9)  (a) Where—

(i) there is no person holding the office of Registrar, or

(ii) the Registrar cannot adequately perform his or her functions as a result of illness, or

(iii) the Registrar has been suspended,

the Council may appoint a person, who shall be known as the Acting Registrar, to perform the functions of the Registrar.

(b) An Acting Registrar shall be appointed to hold office for such period as the Council considers appropriate, but such appointment shall—

(i) where paragraph (a)(i) applies, be for the period until a Registrar is appointed or for a period not exceeding 12 months, whichever is the shorter period, and

(ii) where subparagraph (ii) or (iii) of paragraph (a) applies, be for the period until the incapacity or suspension ceases or for a period not exceeding 12 months, whichever is the shorter period.

(c) Where a person is Acting Registrar pursuant to subparagraph (ii) or (iii) of paragraph (a), and—

(i) the Registrar dies, or

(ii) the Registrar otherwise ceases to hold office, other than by a decision of the Council,

then the Acting Registrar shall continue to hold office until the meeting of the Council which first occurs after the day the Registrar dies or so ceases to hold office.

(d) Subject to paragraphs (b) and (c), the Acting Registrar shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Council.

(10) In this section “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

Staff of Council.

24. —(1) In addition to the Registrar, the Council shall appoint such and so many persons to be members of the staff of the Council as the Council may determine.

(2) A member of the staff of the Council shall hold his or her employment on such terms and conditions as the Council may determine.

(3) A member of the staff of the Council shall be paid, out of funds at the disposal of the Council, such remuneration and allowances as the Council may determine.

(4) A member of the staff of the Council shall perform such duties as the Council may determine.

Disclosure of information.

25. —(1) Save as otherwise provided by law, a person shall not, without the consent of the Council, disclose confidential information obtained by him or her while performing, or as a result of having performed, duties as a member of the Council, a member of staff of the Council (including the Registrar), a member of a committee or a consultant or adviser to the Council or a committee.

(2) A person who contravenes subsection (1) is guilty of an offence and 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.

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made—

(a) to the Council or a committee, or

(b) by or on behalf of the Council or a committee to the Minister.

(4) In this section “confidential information” includes information that is expressed by the Council or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

(5) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part 1 at the end thereof—

(a) in column (2) of “Veterinary Practice Act 2005.”, and

(b) in column (3), opposite the mention in column (2) of the Veterinary Practice Act 2005 of “ section 25 ”.

Disclosure of interest by member of Council or committee.

26. —(1) Where at a meeting of the Council or a committee any of the following matters arise, namely—

(a) an arrangement or proposed arrangement to which the Council or any committee is or is expected to be a party, or

(b) a contract or other agreement or proposed contract or other agreement with the Council or any committee,

then, any member of the Council or committee present at the meeting who has an interest in the matter otherwise than in his or her capacity as a member of the Council or committee shall—

(i) at the meeting disclose to the Council or committee the fact of the interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Council or committee relating to the matter, and

(v) not vote on a decision relating to the matter.

(2) Where an interest is disclosed under this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure related is being considered or discussed by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(3) Where at a meeting of the Council or a committee a question arises as to whether or not a course of conduct, if pursued by a member of the Council, would constitute a failure by him or her to comply with the requirements of subsection (1), the question may be determined by the Council or the committee as the case may be, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the Minister is satisfied that a member of the Council has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office.

(5) Removal from office under subsection (4), disqualifies a person from membership of the Council.

(6) For the purposes of this section and section 27 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question relating to the matter, or in performing any function in relation to it.

(7) Where the Council is of opinion that a disclosure made under subsection (1), or paragraph (a) of section 27 (1), is of sufficient importance to merit it, it shall consider furnishing details of the said disclosure in the next report prepared under section 30 , following the disclosure.

(8) A member of the Council shall absent himself or herself from consideration, for the purposes of subsection (7), of a disclosure that was made by him or her.

Disclosure of interest by member of staff of Council.

27. —(1) Where a member of the staff of the Council has an interest, otherwise than in his or her capacity as such a member, in any, or in any proposed, contract, agreement or arrangement, to which the Council is or is proposed to be a party, that person shall—

(a) disclose his or her interest and the nature of it to the Council,

(b) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by members of the Council or of the staff of the Council in relation to it,

(c) not influence or seek to influence a decision to be made in the matter, and

(d) not make any recommendation in relation to the contract, agreement or arrangement.

(2) Subsection (1) does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Council.

(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(4) In this section “member of the staff” includes the Registrar.

Effect of membership of a House of the Oireachtas or European Parliament.

28. —(1) Where a member of the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Council.

(2) Where a person employed by the Council—

(a) is nominated as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment by the Council and shall not be paid by, or be entitled to receive from, the Council remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or Parliament.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Council, or from being employed by the Council.

(4) The Council shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Council, or a member of the staff of the Council save with the approval in writing of the Minister.

Accounts and audits.

29. —(1) The Registrar shall submit to the Council estimates of the income and of the expenditure of the Council in such form, in respect of such periods and at such times, as may be required by the Council and shall furnish to the Council any information which the Council may require in relation to such estimates, including information on proposals and plans relating to the performance by the Council of its functions in the future, generally or during a specified period.

(2) The Registrar, under the direction of the Council, shall cause to be kept, on a continuous basis and in a legible or a machine readable form or in both forms, all proper books and records of account of all income and expenditure of the Council, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Council and shall keep and shall account to the Council for all such special accounts as the Council may from time to time direct to be kept.

(3)  (a) Accounts kept in accordance with subsection (2) shall be audited at least once in each year by an auditor appointed for that purpose by the Council and the auditor's fees and the expenses generally of the audit shall be paid by the Council as soon as possible after the audit.

(b) As soon as possible in each year following the completion by the auditor of the report on the audit and the furnishing of the auditor's certificate to the Council, the Council shall cause them to be printed and published to the public at such reasonable price (if any) as it may determine.

(4)  (a) The Council, the Registrar and any relevant member of the staff of the Council shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books and records of account and the auditor's certificate and report on the audit in respect of any financial year of the Council or other period and shall facilitate the examination, and the Council shall pay the fee for it.

(b) In paragraph (a) “any relevant member of the staff of the Council” means any member of the staff of the Council to whom there has been assigned duties that relate to the books, or other records of account of the Council.

(5) The accounts of the Council for each financial year shall be prepared by the Registrar, in such form as may be specified by the Council and shall be approved by the Council as soon as practicable but not later than 3 months after the end of the financial year to which they relate.

Annual report and information.

30. —(1) Subject to subsection (3), the Council shall prepare and publish, in such form and manner as it considers appropriate, a report of its activities and proceedings under this Act, which shall include information on the performance of its functions during the year to which it relates.

(2) A report under subsection (1) shall be prepared at least once in every 12 month period.

(3) The Council shall provide the Minister with a copy of the report.

(4) As soon as possible following provision of the report to the Minister under subsection (3) the Council shall cause it to be printed and published.

Borrowing by Council.

31. —The Council, for the purpose of providing for current or capital expenditure, may borrow money (whether on the security of the assets of the Council or otherwise), including money in a currency other than the currency of the State.

Gifts.

32. —(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

(2) The Council shall not accept a gift if the trusts or conditions attached to it by the donor are inconsistent with or prejudice the objects or functions of the Council.

(3) Information as respects gifts accepted by the Council in any year shall be included in the report referred to in section 30 as respects that year.

Fees.

33. —(1) The Council may prescribe the fees to be paid to it and when they fall due in relation to the performance by or on behalf of it of its functions, the provision by or on behalf of it of services (other than a service consisting of the provision of advice or a report, or complying with a direction of the Minister) and the carrying on by or on behalf of it of activities.

(2) Without prejudice to the generality of subsection (1), the Council may prescribe fees in respect of all or any of the following:

(a) the registration of a person in any register or part of a register maintained by the Council;

(b) the retention of the name of a person and the period of time for which it shall be retained in any register or part of a register maintained by the Council;

(c) the restoration to any register maintained by the Council of the name of any person whose name has been erased or removed pursuant to the provisions of this Act;

(d) the removal of the name of any person from any register or part of a register maintained by the Council on the application of that person;

(e) the entry of additional qualifications of any person in any register maintained by the Council;

(f) the giving to any person of a certificate of registration;

(g) the grant, or renewal of a grant, of a certificate of suitability under Part 9;

(h) any other service that may, from time to time, be provided by or on behalf of the Council.

(3) Where a fee is payable in respect of any matter, the Council, Registrar or any other member of the staff of the Council may refuse to do any act, or permit any act to be done, or to receive any document in respect of which that fee is payable unless the fee is paid.

(4) Without prejudice to the generality of subsection (3), if the fees prescribed under subsection (2)(b) have not been paid by a registered person not less than 3 months after the date on which they have been prescribed as falling due the Council may remove the name of the registered person from all or some of the Parts of the Register or the Register of Veterinary Nurses where he or she is registered as the Council considers appropriate.