Farriers (Registration) Bill (HC Bill 17)

1 Constitution of Farriers Registration Council and its committees

The Schedule amends the Farriers (Registration) Act 1975 to make changes to
the constitution of the Farriers Registration Council and its committees.

2 Power to make further changes to constitution of Council and its committees

5In the Farriers (Registration) Act 1975, after section 17 insert—

“17A Power to change constitution of Council and its committees

(1) The Secretary of State may by regulations amend or replace—

(a) Part 1 of Schedule 1 (constitution of the Council);

(b) Schedule 2 (constitution of the Investigating Committee);

(c) 10Part 1 of Schedule 3 (constitution of the Disciplinary
Committee).

(2) Before making regulations under this section, the Secretary of State
must obtain the consent of—

(a) the Scottish Ministers, and

(b) 15the Welsh Ministers.

(3) Before making regulations under this section, the Secretary of State
must consult—

(a) the Council, and

(b) any other persons the Secretary of State considers appropriate.

(4) 20Regulations under this section—

(a) are to be made by statutory instrument;

(b) may include incidental, supplementary, consequential,
transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
5Parliament.””

3 Extent, commencement and short title

(1) This Act extends to England and Wales and Scotland.

(2) Sections 1 and 2 and the Schedule come into force on such day as the Secretary
of State may by regulations appoint.

(3) 10This section comes into force on the day on which this Act is passed.

(4) Regulations under subsection (2)—

(a) may appoint different days for different purposes;

(b) may make transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) 15This Act may be cited as the Farriers (Registration) Act 2017.

Section 1

Schedule Constitution of Farriers Registration Council etc

Part 1 Constitution of Farriers Registration Council

1 5For Part 1 of Schedule 1 to the Farriers (Registration) Act 1975 substitute—

““Part 1 Constitution

1 Membership

(1) The Council is to consist of the following members—

(a) 10three persons appointed by the Company, at least one of
whom must be a practising farrier,

(b) four practising farriers appointed in accordance with a
scheme made by the Council,

(c) two registered persons appointed by the National
15Association of Farriers, Blacksmiths and Agricultural
Engineers,

(d) two veterinary surgeons appointed by the Royal College of
Veterinary Surgeons, and

(e) one lay person appointed by each of the persons
20mentioned in sub-paragraph (2).

(2) Those persons are—

(a) the British Horseracing Authority Limited,

(b) the Royal Society for the Prevention of Cruelty to Animals,

(c) Lantra (the company registered in England and Wales
25with the company registration number 2823181),

(d) Scottish Enterprise, and

(e) the British Equestrian Federation.

(3) A scheme made by the Council under sub-paragraph (1)(b)—

(a) may, in particular, provide for elections to be held for the
30purpose of determining the persons to be appointed;

(b) may be amended or replaced by the Council.

(4) In making a scheme under sub-paragraph (1)(b), the Council must
have due regard to the desirability of securing that the Council
includes persons representative of all parts of Great Britain.

(5) 35In this paragraph—

• “lay person” means a person other than—

  (a)

  a registered person,

  Farriers (Registration) BillPage 4

  (b)

  a person who, in the opinion of the person making the
  appointment, is qualified to be a registered person,

  (c)

  a veterinary surgeon, or

  (d)

  a veterinary practitioner;

• 5“practising farrier” means a registered person who carries
  out farriery.

2 Term of office

(1) Appointment as a member of the Council is for a term of 4 years.

(2) A person may not be appointed as a member more than twice.

(3) 10A member may resign at any time by notice given to the registrar.

(4) A member may be removed from office if the member fails to
satisfy any conditions about fitness to be a member that are
determined by the Council.

(5) The procedure for removal of a member from office is to be
15determined by the Council.

3 Casual vacancies

(1) Where a vacancy occurs among the members of the Council
otherwise than by the expiry of a member’s term of office, a person
must be appointed to fill the vacancy.

(2) 20So far as practicable, the appointment must be made so as to
enable the person appointed to assume office at the time the
vacancy arises.

(3) The appointment is for a term expiring on the date on which the
term of office of the member whose vacancy the person fills would
25have expired.

(4) The appointment does not count as an appointment for the
purposes of paragraph 2(2) (limit on number of times a person
may be appointed as a member of the Council).

4 Procedure

(1) 30The quorum for a meeting of the Council is—

(a) seven, or

(b) another number determined by the Council.

(2) The Council must elect one of its members to act as chair of the
Council.

(3) 35The Council may make rules governing its meetings and
procedure.

(4) The rules may in particular provide—

(a) for a member of the Council to act as its chair in the absence
of the member mentioned in sub-paragraph (2);

(b) 40for a member acting as chair to have an additional casting
vote.

5 Validity of acts

The validity of anything done by the Council is not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment (or election) of a member.””

2 (1) 5Part 2 of Schedule 1 to that Act is amended as follows.

(2) Omit paragraphs 7 and 8.

(3) In paragraph 9—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) 10The Council may make rules governing the meetings and
procedure of an additional committee or area council.

(3) The rules may in particular provide—

(a) for a member of the additional committee or area
council to act as its chair;

(b) 15for a member acting as chair to have an additional
casting vote.””

3 In section 18 of that Act (interpretation), insert at the appropriate places—

• “““registered person” means a person who is registered in the
  register;”;

• 20““veterinary practitioner” means a person registered in the
  supplementary veterinary register kept under the Veterinary
  Surgeons Act 1966;”;

• ““veterinary surgeon” means a person registered in the register
  of veterinary surgeons kept under that Act.””

25Part 2 Constitution of Investigating Committee

4 In section 13(1) of the Farriers (Registration) Act 1975 (the Investigating
Committee), omit “from among its members”.

5 For Schedule 2 to that Act substitute—

Section 13

““Schedule 2 30Constitution of the Investigating Committee

Membership

1 (1) The Investigating Committee is to consist of six members
appointed by the Council.

(2) At least two of the members must be registered persons.

(3) 35None of the members may be—

(a) a member of the Council,

(b) an officer or servant of the Council, or

(c) a member of the Disciplinary Committee.

(4) The Council must designate a member of the Investigating
Committee to act as its chair.

(5) The Council may delegate its function under sub-paragraph (1) to
any extent.

5Term of office

2 (1) Appointment as a member of the Investigating Committee is for a
term determined by the Council.

(2) A member may resign at any time by notice given to the registrar.

(3) A member may be removed from office if the member fails to
10satisfy any conditions about fitness to be a member that are
determined by the Council.

(4) The procedure for removal of a member from office is to be
determined by the Council.

Procedure

3 (1) 15The quorum for a meeting of the Investigating Committee is three,
of whom one must be a registered person.

(2) The Council may make rules governing the Committee’s meetings
and procedure.

(3) The rules may in particular provide—

(a) 20for a member of the Committee to act as its chair in the
absence of the member designated under paragraph 1(4);

(b) for a member acting as chair to have an additional casting
vote.

Validity of acts

4 25The validity of anything done by the Investigating Committee is
not affected by—

(a) a vacancy among its members, or

(b) a defect in the appointment of a member.””

Part 3 30Constitution of Disciplinary Committee

6 In section 14 of the Farriers (Registration) Act 1975 (the Disciplinary
Committee)—

(a) in subsection (1), omit “from among its members”;

(b) in subsection (2), for “and procedure of” substitute “of, and
35proceedings before,”.

7 For Part 1 of Schedule 3 to that Act substitute—

““Part 1 Constitution of Disciplinary Committee

1 Membership

(1) 5The Disciplinary Committee is to consist of nine members
appointed by the Council.

(2) At least three of the members must be registered persons.

(3) None of the members may be—

(a) a member of the Council,

(b) 10an officer or servant of the Council, or

(c) a member of the Investigating Committee.

(4) The Council must designate a member of the Disciplinary
Committee to act as its chair.

(5) The Council may delegate its function under sub-paragraph (1) to
15any extent.

2 Term of office

(1) Appointment as a member of the Disciplinary Committee is for a
term determined by the Council.

(2) A member may resign at any time by notice given to the registrar.

(3) 20A member may be removed from office if the member fails to
satisfy any conditions about fitness to be a member that are
determined by the Council.

(4) The procedure for removal of a member from office is to be
determined by the Council.

3 25Procedure

(1) The quorum for a meeting of the Disciplinary Committee is five,
of whom one must be a registered person.

(2) A person who has acted in relation to a case as a member of the
Investigating Committee may not act in relation to the case as a
30member of the Disciplinary Committee.

(3) The Council may make rules governing the Disciplinary
Committee’s meetings and procedure.

(4) The rules may in particular provide for a member of the
Committee to act as its chair in the absence of the member
35designated under paragraph 1(4).

(5) But the power to make rules under this paragraph may not be
used to make provision that could be made by rules under
paragraph 4.

3A Validity of acts

The validity of anything done by the Disciplinary Committee is
not affected by—

(a) a vacancy among its members, or

(b) 5a defect in the appointment of a member.””

8 In Part 2 of Schedule 3 to that Act, in the heading, for “Procedure of”
substitute “Proceedings before”.