Veterinary Act


Published: 1976-10-01

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VETERINARY 1

THE VETERINARY ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Establishment of Board.
4. Functions of the Board.
5. Veterinary Registrar.
6. Register of Veterinary Surgeons.
7. Application for registration as a Veterinary Surgeon.
8. Registration.
9. Roll of Animal Health Assistants.

10. Application for enrolment as an animal health assistant.
11. Enrolment.
12. Amendment of register or roll.
13. Censure, suspension and striking off.
14. Veterinary Appeal Tribunal.
15. Appeal to Tribunal.
16. OfEenws.
17. Regulations.

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VETERINARY 3

THE VETERINARY ACT Act
18 of 1975.

[ l s r October, 1976.1

1. This Act may be cited as the Veterinary Act. Short title.

Interpreta-
tion.

2. In this Act-
“animal health assistant” means a person enrolled as

an animal health assistant in accordance with this
Act;

“the Board” means the Veterinary Board established
by section 3;

“functions” includes duties and powers;
“register” means the Register of Veterinary Surgeons

specified under section 6;
“Registrar” means the public officer designated by the

Minister pursuant to section 5;
“roll” means the Roll of Animal Health Assistants

specified under section 9;
“veterinary surgery” means the art and science of

veterinary surgery” and medicine and, without
prejudice to the generality of the foregoing, shall
be taken to inc lude

(a) the diagnosis of diseases in, and injuries
to, animals, including tests performed 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 operations on
animals.

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4

Establish-
ment of
Board.
F h t
Schedule.

Functions
of the
Board.

veterinary
Registrar.

Register of
Veterinary
Surgeons.

VETERI” RY

3.-(1) There shall be established for the purposes of this
Act a body to be called the Veterinary Board.

(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;
(b) to regulate the training of persons for enrolment as

animal health assistants;
(c) to appoint examiners to conduct such examinations

in respect of persons applying for registration as
veterinary surgeons and persons applying for
enrolment as animal health assistants as may from
time to time be necessary under the provisions of
this Act;

(4 to ensure the maintenance of acceptable standards
of professional conduct by persons registered as
veterinary surgeons or enrolled as animal health
assistants, as the case may be, under this Act.

5. The Minister may designate by general notice a public
officer as the Veterinary Registrar.

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.

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VETERINARY 5

7. Every application for registration as a veterinary Application
for registra- surgeon shall be made to the Board in the prescribed form tionasa

and shall be accompanied by the prescribed fee and by such ~ ~ $ ~ ~ . ~
documents as may be prescribed.

8.-(1) If the Board is satisfied in relation to any Registra-

(a) the provisions of section 7 have been complied
with; and

(b) the applicant possesses the prescribed qualifica-
tions; and

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

the Board shall authorize the Registrar to register the appli-
cant as a veterinary surgeon and the Registrar shall notify
the applicant in writing accordingly and furnish him with a
certificate of registration in the prescribed form.

(2) Every veterinary surgeon registered under this Act
shall be entitled to practise veterinary surgery in Jamaica
and to demand and recover any reasonable charges for
services rendered by him as a veterinary surgeon and for
any drugs, medicines or appliances supplied by him.

application for registration that- tion.

,

9.-(1) The Board shall cause the Registrar to keep in R O U O ~
such form as it may from time to time determine a roll, to Health
be known as the Roll of Animal Health Assistants, in which Assistants.
shall be entered the name 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 place as the Board
may fqom 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.

Animal

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6 VETERINARY

Application
for
enrolment
as an animal
health
assistant.

Enrolment.

Amendment
of register
or roll.

10. Every application for enrolment as an animal health
assistant shall be made to the Board in the prescribed form
and shall be accompanied by the prescribed fee and by such
documents as may be prescribed.

11. If the Board is satisfied in relation to any application

(a) the provisions of section 10 have been complied
with; and

(b) the applicant possesses the prescribed qualifica-
tions; and

(c) the applicant is of good character and is a fit and
proper person to practise as an animal health
assis tan t ,

the Board shall authorize the Registrar to enrol the appli-
cant as an animal health assistant and the Registrar shall
notify the applicant in writing accordingly and furnish him
with a certificate of enrolment in the prescribed form.

for enrolment that-

12.-(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 (ii) of subsection (1) of section 13 directs
him to remove;

(b) to restore to the register or roll, as the case may
be, any entry which the Board acting under the
provisions of subsection (3) of this section or under
subsection (2) of section 13 directs him to restore;

(c) to correct in accordance with the Board’s direc-
tions, any entry in the register or roll, as the case
may be, which the Board directs him in writing
to correct as being in the opinion of the Board
an entry which was incorrectly made;

(4 to remove from the register or the roll, as the case
may be, the name of any person who has died, or
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VETERINARY 7

who, for a period of not less than two years, has
ceased to practise in Jamaica as a vetekary
surgeon or an animal health assistant, as the case
may be, or who, for a like period, has been absent
from Jamaica; and

(e) to make frpm time to time any necessary altera-
tions in any of the particulars contained in the
register.

(2) If the Registrar-
(a) sends by post to any person registered or enrolled

under this Act, a registered letter addressed to
him at the address entered in the register or roll,
as the case may be, enquiring whether he has
ceased to practise his profession and receives no
reply to that letter within three months from the
date of posting it; and

(b) upon the expiration of that period sends in like
manner to that person a second similar letter and
receives no reply within three months from the
date of posting it,

the Registrar shall remove from the register or roll, as the
case may be, the name of that person.

(3) The Board may at any time direct the Registrar
to restore to the register or roll any name removed there-
from under subsection (1) or subsection (2).

13.-(1) If any person registered or enrolled under this
Act is found upon enquiry by the Board in the prescribed ;fzE;g
mamer- Off.

(a) to be suffering from any physical or mentd
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 functions
as an animal health assistant; or

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VETERINARY

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

(c) to have been convicted of a criminal offence; or
(d) to be guilty of dishonesty, negligence, or incom-

petence 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 dis-
graceful or discreditable to the profession,

the Board may, if it thinks fit-
(i) in the case of the matters specified in para-

graph (c) or (4 censure him; or
(ii) in the case of the matters specified in para-

graph (a), (b), (c) or (4 suspend his registra-
tion 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 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
(b) the name of any person has been removed from

the register or roll; or
(c) 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

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VETERINARY 9

Board may in 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.

14.-(1) There is hereby established for the purposes of Veterinary
Appeal hearing appeals from the decisions of the Board a Veterinary Tribunal.

Appeal Tribunal (hereinafter referred to as the Tribunal).

effect as to the constitution of the Tribunal and otherwise
in relation thereto.

(2) The provisions of the Second Schedule shall have Second
Schedule.

Appeal to
Tribunal.

15.41) 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

(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 from
the roll,

may appeal to the Tribunal against such refusal or such
decision in such manner and within such period as may be
prescribed.

(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 registration 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

(2) The Tribunal may-

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10 VETERINARY

(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 men-
tioned in subsection (1) of section 13 as
the Board may think proper.

(3) Upon allowing any appeal from any decisions
of the Board under subsection (1) of section 13, 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 enrolment having been
returned under subsection (4) of section 13, direct that such
certificate be restored to him.

Offences. 16.-(1) Any person who-
(a) procures or attempts to procure registration or

enrolment for himself or for any other person

(i) making, or causing to be made, any mis-
leading, false or fraudulent representation
or declaration, either orally or in writing,
or otherwise; or

(ii) producing or causing to be produced, any
false or fraudulent document or certificate;

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

(c) forges, or uses, or lends to or allows to be used
by any other person any certificate issued under
this Act; or

by howin&-

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VETERINARY 11

(d) makes, or has in his possession, any document so
closely resembling such certificate as to be calcula-
ted to deceive,

shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not
exceeding one thousand dollars or to imprisonment for a
term not exceeding two years, or to both such fine and
imprisonment .

(2) Any person who, not being registered as a
veterinary surgeon under this Act-

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 recognized by law as a person authorized
or qualified to practise veterinary surgery; or
assumes or uses any affix indicative of any occupa-
tional designation relating to the practice of
veterinary surgery;
advertises or holds himself out as a person
authorized or qualified to practise veterinary
swery,

shall be guilty of an offence and shall be liable on summary
conviction thereof before a Resident Magistrate to a fine
not exceeding five hundred dollars or to imprisonment
for a term not exceeding twelve months or to both such
fine and imprisonment :

Provided that this subsection shall not operate to prevent
an animal health assistant enrolled under this Act or
a professional person registered under, or recognized by,
any other enactment from using any title which he is
authorized to use by the enactment under which he is
enrolled, registered or recognized.

(3) Subject to subsection (41, any person who, during
a period when his registration as a veterinary surgeon under

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12 VETERINARY

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 reward, diagnoses or offers to diagnose or
attempts to diagnose any animal disease, ailment,
deformity, defect or injury, or examines or advises
upon any physical condition of any animal; or

(4 prescribes or administers any drug, serum or 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

(4 acts as the assistant or associate of any person who
performs any of the acts specified in this sub-
section,

shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not ex-
ceeding five hundred dollars or to imprisonment for a term
not exceeding twelve months or to both such fine and
imprisonment.

(4) The provisions of subsection (3) shall not apply

(a) any person registered, enrolled or licensed under
this or any other enactment who performs or
provides any service which he is authorized 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 examina-
tion 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;

to-

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VETERINARY 13

any person performing the functions which he is
employed by the Government to perform;
any person giving necessary veterinary aid in cases
of urgent need without hire, gain or hope of
reward; or
the domestic administration of home remedies;
such other circumstances as may be prescribed.

17.-(1) The Board may, with the approval of the RegulatioDa
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-

(a) prescribing the professional qualifications and the
requirements which shall be a prerequisite for
registration or enrolment under this Act;

(b) 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 followed to ensure that
the particulars in the register and the roll are kept
up to date;

(d) prescribing the forms for application for registra-
tion or enrolment and certificates of registration
or enrolment;

(e) prescribing fees for registration or enrolment;
cf, prescribing the manner in which enquiries or

disciplinary proceedings may be instituted before
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14 VETERINARY

the Board, the procedure to be followed in the
conduct of such enquiries or proceedings and
matters incidental to or consequential on such
proceedings;
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;
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;
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
different provisions for veterinary surgeons and for animal
health assistants.

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15 VETERINARY

FIRST SCHEDULE (Section 3)

Constitution
of the

(U) the Directcr of Veterinary Servi? or his nominee (being a Board.
member of the Government Veterinary Swim); and

(b) four other persons appointed by the Minister after consultation
with any body recognized by the Minister as representing
veterinary surgeons.

1. The Board shall consist of-

2. The Minister shall appoint one of the members of the Board to Chairman.
be the chairman thereof.

3. The appointment of a member of the Board shall, subject to the Tenureof
provisions of this Schedule, be for a riod not-exceeding three years office.
and such member shall be eligible p" or reappomtment.

4. If the chairman or any other member of the Board is absent or Acting
unable to.act. the Minister may appoint any person to act in the place aPPont-
of the chairman or such other member and, in making the appointment,
the Minister shall have regard to the provisions of paragraph 1.

5.---(1) Any member of the Board, other than the Chairman. may at Resignation
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 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.

him under this Schedule.
6. The Minister may at any time revoke any appointment made by Revocation

of appomt-
merits

7. If any vacancy 0~~1115 in the membership of the Board such Fillingof
vacancy shall be filled by the appointment of another member who V a ~ ~ l e s .
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.

I

8. The names of all members of the Board as first constituted, and G m t h g
every change in the membership thereof shall be published in the ofmember-
Gazette. ship.

9. The funds of the Board shall consist of such moneys as may from Fundsof
timt to time be placed at its disposition for the purposes of this Act Board
by Parliament. and such other moneys as may be lawfully paid to the
Board.

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16 VETERINARY

Accounts
andaudit.

10. The Board shall keep proper accounts of its receipts, payments,
assets and liabilities and such accounts shall be audited annually by
the Auditor General.

Annual Il.-+) The Board shall in each year prepare and submit to the
reportsand Minister on or before the thirtieth day of June a report of its
estimates. 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 estimates of
revenue and expenditure in respect of the period commencing on the
first day of April next following and ending on the thirty-first day of
March of the subsequent year.

Seal and 12.41) The seal of the Board shall be kept in the custody of the
executionof chairman or the Registrar and shall be affixed to instruments pursuant
documents. 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 signatures

of the chairman, or any other member authorized 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 hands of the chairman, or any other member authorized in that
behalf, and the Registrar.

P r m d m
and
mcetin@.

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 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 aU meetings of the Board at
which he is present, and, in the case of the chairman’s absence ftom
the meeting, the members present and constituting a quorum shall elect
one of their number to preside at the meeting.

4

(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 or other member
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.

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VETERINARY 17

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

14.41) The Board may appoint such committees as it thinks fit, and Committees.
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 no such committee shall have the power to make
reguIations.

(2) The constitution of each committee shall be determined by
the Board.

(3) A committee 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
they apply to a member of the Board.

lS.-(l) No member of the Board shall be personally liable for any Protection
act or default of the Board done or omitted to be done in good faith of members.
in the course of the operations of the Board.

(2) Where any member of the Board is exempt from liability
by reason only of the provisions of this paragraph, the Board shall be
liable to the extent that it would be if the member were a servant or
agent of the Board.

16. There shall be paid from the funds of the Board to the chairman Remunera-
and other members of the Board such remuneration whether by way tionof
of honorarium, salary or fees, and such allowances, as the Minister members.
may determine.

17. The office of chairman or member of the Board shall not be a Members
public office for the purposes of Chapter V of the Constitution of ~ ~ ~ ~ l ~ c
Jamaica.

SECOND SCHEDULE (Section 14(2) )

1. The Tribunal shall be appointed by the Minister and shall con- Constitution
of the
Tribunal.

2. The members of the Tribunal shall, subject to the provisions of ~~~~~~f

mmbers.

sist of a chairman and two members sitting together.

this Schedule, hold office for such period not exceeding three years as officeof
the Minister may determine and shall be eligible for reappointment.

3. The Minister may appoint any person to act in the place of the Acting
chairman or any other member of the Tribunal in the case of the appoint-
absence or inability to act of the chairman or other member. ments,

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18 VETERINARY

Resigna-
tions.

Revocation
of appoint-
ments.

Filling of
vacancies.

Pubhation
of membcr-
ship.

Remunera-
tion of
members.

Voting.

Power to
regulate pro-
ceedings.

Members
not public
05cers.

4 . 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 05ce by instrument
in writing addressed to the Minister and such resignation shall take
effect as from the date of receipt by the Minister of that instrument.

5. 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 period for which the previous member was appointed.

7. The names of all members of the Tribunal as k s t constituted and
every change in the membership thereof shall be published in the
Gazette.

8. There shall be paid to the chairman and other members of the
Tribunal such remuneration whether by way of honorarium, salary
or fees, and such allowances as the Minister may determine.

9. The decision 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 voting is equal.

10. Subjeot to the provisions of this Act, the Tribunal may regulate
its own proceedings.

11. The office of chairman or member of the Tribunal shall not
be a public office for the purposes of Chapter V of the Constitution
of Jamaica.

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