Veterinary Act


Published: 1987

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T/eterinary (CAP. 464 1

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.

FIRST SCHEDULE.
SECOND SCHEDULE.

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Vetm.nary (CAP. 464 3

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.

( 1 st February, 1987.)

1. 'This Act may be cited as the Veterinary Act.

2. In this Act-

"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 under
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 and medicine and ilicludes-

( 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 of
Board.

a body to be called the Veterinary Board.

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.

4: The functions of the Board shall be-
( a ) to register veterinary surgeons and enrol

animal health assistants;

(6) 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;

( d ) to ensure the maintenance of acceptable stan-
dards o S 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 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 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 unless-

(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

(6) 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 ) .

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Veterinary (CAP. 464 5

8. The Board shall cause the Registrar to place on ~ ~ ~ ~ ~ + ~ ~ ~ ! y
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 Annual
registration and

who is qualified to be registered as a veterinary surge011 or en,l,,nt.
to be enrolled as all 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.

10. Every application for registration as a veterinary AppIicati~nfor
registration as

surgeon shall be made to the Board and shall be accompa- awterinary
nied by such documents as may be prescribed. surgeon.

11. (1) If the Board is satisfied in relation to any ~ ~ $ ~ ~ , " ~ O f
application for registration that- surgeons.

(a ) the applicant possesses the qualifications
under section 7; and

( 6 ) the applicant is of good character and is a fit
and proper person to practise veterinary surgery,

the Board shall authorise the Registrar to register the appli-
cant as a veterinary surgeon 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 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
and for any drugs, medicine or appliances supplied by him.

12. (1) The Board shall cause the Registrar to keep ~ ~ ~ ; f ~ i ~ " ' , t s ,
in such form as it may 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

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Application for
enrohent as an
animal health
assistant.

Enrolment of
animal health
assistant.

Amendment of
register or roll.

CAP. 464) Veterinary

be prescribed of every person enrolled under this Act as an
animal health assistant.

(2) 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 c~irolrne~lt as all animal assistant that-

(a) the applicant possesses the prescribed qualifi-
cations; and

(b) 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 Registrar-
( 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;

(6) 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;

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Velm'nnry (CAP. 464 7

(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 in 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 2;;;zonand
this Act is found upon enquiry by the Board in the prescribed ~Uiking off.
manner-

( a ) to be suffering from any physical or mental
condition, or from any habit, which renders him unfit
to practise as a veterinary surgeon or, as the case may
be, to perform satisfactorily his functio~is as an animal
health assistant; or

(b) to have procured his registration or enrol-
ment as the case may be, under this Act, as a result of
ally misleading, false or fraudulent representations; or

(c) to have been 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 fit-

(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), ( b ) , (c), (d) suspend his registra-
tion or enrolment for a period not exceeding

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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.

('2) 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

(6) 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.

veterinqAppeal 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.

18. (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

(6 ) by the decision of the Board to censure him,
or to suspend his registration or enrolment, or to cause

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Veterinary (CAP. 464 Y

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 may-

(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 enrolment-

(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 recon-
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
Gazetteand 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. (1) Any person who- Offences and
penalties.

(a) procures or attempts to procure registration
or enrolment for himself or for any other person by
knowingly-

(i) making, or causing to be made, any mislead-
ing, false or fraudulent representation or

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, ally
false or fraudulent docum'e~lt o r certificate;

( b ) wilfully makes, or causes to be made, any falsi-
fication in any matter relating to the register or to the
roll;

(c) advertises or holds himself out as a person
authorised or qualified to practise veterinary surgery;

is guilty of an offence and liable on summary conviction to a
fine of five thousand dollars and to imprisonment for a
term of one year.

(2) Ally person who, 11ot heing registered as a veteri-
liar) \urgeoll under this Act-

(a) takes or uses any title, 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

(6) assumes or uses any affix indicative of any
occupational designation relating to the practice of vet-
erinary surgery;

( r ) advertises or holds himself out as a person
authorised or qualified to practise veterinary surgery,

is guilty of an offence and liable on summary conviction to a
fine of five thousand dollars and to impriso~lme~lt for a
term of six months.

(3) Subject to subsection (4), any person who, during
a period when his registration as a veterinary surgeon under
this Act is suspended, or who, not being registered as a vet-
erinary surgeon under this Act-

(a) practises veterinary surgery in any of its
branches; or

(0) for reward, diagnoses or offers to diagnose or
attempts to diagnose any animal disease, ailment,
deformity, defect or injury, or examines or advises
up011 any physical condition of any animal; or

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Veterinary (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
to-

( 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;

(6) 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;

( c ) 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

( f ) 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 Re~'ations
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 regulations-

LAWS OF ANTIGUA AND BARBUDA

CAP. 464)

( a ) prescribing the requirements which shall be a
prerequisite for enrolment as animal health assistants
under this Act;

(6) 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;

(4 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.

V) 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.

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Veterinary (CAP. 464

FIRST SCHEDULE (Section 3)

1. The Board shall consist of- Constitution of
the Board.

(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 rep-
resenting 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 Chairman.
Board to be the chairman thereof.

3. 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.

4. If the chairman or any other member of the Board is Actingappoint-
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.

5. (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 Revocationsof
made under this Schedule. appointments.

7. If any vacancy occurs in the membership of the Board F i l W p f
such vacancy shall be filled by the appointment of another mem- vaca"c'es'
ber 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 con- Gazettingof
stituted, and every change in the membership thereof shall be membership'
published in the Gazette.

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Funds of Board.

Accounts and
audit.

Annual reports
and estimates.

Seal and
executions of
document.

Procedure and
meetings.

CAP. 464) Veterinary

9. The funds of the Board shall consist of such moneys as
nlay 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.

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.

11. (1) The Board shall in each year prepare and submit
to the Minister on or before the thirtieth day of June a report of
its 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 esti-
rriates 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 Marc11 of the subsequent year.

12. (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

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Vetmkry (CAP. 464 I5

from the meeting, the members present and constituting a quo-
rurn shall elect one of their number to preside at the meeting.

(4) A qt1ori1111 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 mem-
bel- of the Board presiding at a meeting shall have a casting vote in
any case in which the voting is equal.

(6) Minutes in the proper form of each meeting of the
Board shall be kept.

(7) The validity of the proceedings of the Board shall not be
affected by any vacancy amongst the members thereof o r by any
defect in the appointment of any member thereof.

14. ( 1 ) T h e Board may appoint such committees as it Committees.
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 committee
shall have the power to make regulations.

(2) The constitution of each committee shall be tleter~nined
by the Board.

(3) A committee appointed pursuant to this paragraph may
inclitde 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 they apply to a member of the Board.

15. (1) No member of the Board shall be personally liable Protectionof
for any act o r default of the Board done or omitted to be done in members.
good faith in the course of the operations of the Board.

16. There shall be paid from the funds of the Board to the Remuneration of
chairman and other members of the Board such remuneration members'
whether by way of honorarii~rn, salary or fees, and such allowances
as the Minister may determine.

17. T h e office of chairman or member of the Board shall Members not
not be a public office for the purposes of Chapter VII of the public officers'
(:onstitution of Antigua and Barbuda.

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16 CAP. 464) Veterinary

SECOND SCHEDULE (Section 17 (2))

Constitution of 1. The Tribunal shall be appointed by the Minister and
Tribunal. shall ~onsist of a chairman and two members sitting together.

Tenure of office 2. The members of the Tribunal shall, subject to the provi-
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. (1 ) Any member of the Tribunal other than the chair-
man may at any time resign his office by instrument in writing
atldressed l o the h4inister and transmitted through the chairman
and fi-otn the date of the I-cceipt by the Minister of such instru-
ment that member 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 5. 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 Schedi~le, hold
office for the remainder of the period for which the previous
member was appointed.

Publication of 7. The names of all members of the Tribunal as first consti-
membership. tilted and every change in membership thereof shall be published

in the C;~z( . t tp .

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. 9. 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.

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Veterinary (CAP. 464 17

10. Subject to the provisions of this Act, the Tribunal may Power to regulate
proceedings.

regulate its own proceedings.

11. The office of chairman or member of the Tribunal Membersnot
shall not be a public office.

public officers.

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