Veterinary Surgeons Order, 2005

This Order may be cited as the Veterinary Surgeons Order, 2005 and shall commence on a date to be appointed by the Minister, with the approval of His Majesty the

Sultan and Yang Di-Pertuan, by notification published in the Gazette.

The long title of this Order is “An Order to provide for the registration and regulation of the practice of veterinary surgeons and for purposes connected therewith or incidental thereto”.

Interpretation.

to diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions including the presription, administration or application of any drug, medicine, biologics, apparatus, anaesthetic or other therapeutic or diagnostic substance of technique, and the use of any manual or mechanical procedure for artificial insemination, for testing for pregnancy, for correcting sterility or infertility or to render advice or recommendation with regard to any of the matters referred to in this paragraph or to do any other act recognised to be a duty of a veterinary surgeon;

to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a); or

to use any title, words, abbreviation or letters in a manner or under circumstances which is likely to induce any person to believe that the person using them is qualified to practice veterinary medicine;

“register” means the Register of Veterinary Surgeons referred to in subsection (1) of section 14;

“registered” means registered in the register under subsection (3) of section 17;

“Registrar” means the Registrar of Veterinary Surgeons appointed under section 13;

“veterinary medicine” includes veterinary medicine per se, surgery, animal husbandry and all other branches or specialities of veterinary medicine;

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

3

BLUV as at 8th March 2018

“veterinary surgeon” means any person who holds any of the qualifications specified in the First Schedule.

The Council shall consist of the following members –

No person shall be appointed to be a member unless such person is either a citizen of Brunei Darussalam or a person to whom a Residence Permit has been granted under regulations made under the Immigration Act (Chapter 17).

The period of appointment of members appointed under paragraph (b) of subsection (1) shall be 3 years but they shall be eligible for re-appointment.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

4

BLUV as at 8th March 2018

Any member who has been appointed by virtue of his capacity under any sub-paragraph of paragraph (b) of subsection (1) may at any time resign his office by letter addressed to the Minister.

A veterinary surgeon shall not be appointed to be a member –

Notice of the appointments under paragraph (b) subsection (1) shall be published in the Gazette.

All acts done by the Council shall, notwithstandig any vacancy in the Council or that it is afterwards discovered that there was a defect in the appointment of any person purporting to be a member thereof, be valid as if no such vacancy or defect had existed.

Appointment of secretary.

In the absence of the chairman from any meeting of the Council, the members present shall elect amongst themselves a person to be the chairman for that meeting.

The chairman at a meeting shall have an original vote and also a casting vote.

The Council shall meet at such places and time as the chairman may appoint, provided that there shall be at least 2 meetings held in a year.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

5

BLUV as at 8th March 2018

Where not less than one-half of the members submit to the chairman a written request to convene a meeting of the Council, the chairman shall convene such meeting within one month of the receipt of such request.

The quorum for a meeting of the Council shall be not less than 4 members, and a decision of the Council shall be by a simple majority of the members present and voting.

Procedure at meetings.

All members, while discharging their duties as such, shall be deemed to be public servants for the purposes of the Penal Code (Chapter 22).

There shall be paid to such members who are not public officers such fees for attendance at meetings of the Council and such reasonable travelling expenses and subsistence allowances for such attendances and for journeys undertaken in the discharge of their duties under this Order, as may be approved by the Minister.

Effect of death etc. of member.

Subject to subsection (2), where any member dies before the completion of his term of office, resigns or otherwise ceases to be a member by reasons of any provision of this

Order, the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, shall appoint a person in his place in accordance with section 5 for the residue of the term for which such member would have held office if he had not died, resigned or otherwise ceased to be a member.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

6

BLUV as at 8th March 2018

On the death, resignation or cessation of office of a member less than 3 months before the date on which his term of office would otherwise have come to an end by effluxion of time, the vacancy need not be filled for the residue of that term.

If a member, by reason of any provision of this Order, ceases to be qualified to be so appointed, his membership shall terminate forthwith.

Returns.

The Registrar shall cause to be kept a register of veterinary surgeons to be known as the Register of Veterinary Surgeons which shall contain such particulars as the

Registrar may determine.

The Registrar shall be responsible for the maintenance and custody of the register in accordance with this Order.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

7

BLUV as at 8th March 2018

The register shall be deemed to be a public document within the meaning of the

Evidence Act (Chapter 108).

Practising veterinary medicine.

No person shall practise veterinary medicine in Brunei Darussalam unless he is registered and holds a certificate.

Any person who contravenes or fails to comply with subsection (1) is guilty of an offence.

Persons eligible for registration.

any person holding any of the qualifications specified in the third column of Part I of the First Schedule granted by the institution specified in relation to such qualifications in the second column of that Part;

any person holding any qualification granted by any of the institutions referred to in Part II of the First Schedule.

Application for registration.

Any person eligible for registration under this Order may apply to the Council for registration.

Every such application shall be made in such form and manner and be accompanied by such documents, photographs and particulars as the Council may determine.

When such person has complied with the requirements of subsections (1) and

and has paid the fee prescribed in the Second Schedule, the Council shall, subject to subsection (2) of section 18, direct the Registrar to register the applicant by entering his name in the register.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

8

BLUV as at 8th March 2018

Issue of certificates of registration.

Where a person has had his name entered in the register pursuant to subsection

of section 17, the Council shall direct the Registrar to issue to him a certificate of registration in such form and subject to such conditions, as it may determine.

The conditions referred to in subsection (1), if any, shall be endorsed on the certificate of registration.

Evidence of qualification to be given before entry on register.

No qualification shall be entered in the register either on the first registration or by way of an addition to a qualification in respect of which an applicant has been registered, unless the Council is satisfied by such evidence as it may consider proper that the person claiming such qualification is entitled thereto.

Every person registered under this Order who obtains any further veterinary qualification other than the qualification in respect of which he has been registered may apply to the Council to amend the register so far as it relates to the qualification of that person, and on any such application the Council shall, if it is satisfied that the applicant is entitled to the further qualification is respect of which the application is made and that such further qualification is of sufficient standing to warrant it being entered in the register, cause the register to be amended accordingly by the addition therein of the particulars of such qualification.

Refusal to register.

The Council shall direct the Registrar not to enter in the register the name of any applicant who –

No direction shall be given under subsection (1) unless the Council has given the applicant an opportunity of being heard either personally or by counsel.

A direction under subsection (1) shall not take effect until the expiration of one month from the date on which the direction has been communicated to the applicant in writing or, where an appeal against the direction has been made to the Minister under section 35, until the appeal has been determined or withdrawn.

Suspension of registration on veterinary surgeon becoming mental patient.

If the Council is satisfied that any registered veterinary surgeon has been admitted to or is confined in a mental hospital under the provisions of any other written law, the Council shall suspend his registration and an endorsement shall accordingly be made against his name in the register.

Any veterinary surgeon whose registration has been suspended by virtue of subsection (1) shall not be entitled to be registered again unless he satisfies the Council that his mental condition warrants such registration.

Publication of register and presumptions.

The Registrar shall publish in the Gazette, as soon as practicable after 1st.

January of each year and on such other occasions as he may consider necessary, a list containing the names, addresses, qualifications, dates of qualifications and dates of registration of all registered veterinary surgeons to whom certificates have been issued for that year.

In any proceedings –

The Registrar shall insert in the register any change which may come to his knowledge in the name, address or other particulars of any registered veterinary surgeon.

Where the Council is satisfied that any person whose name appears in the register has died or is not longer residing in Brunei Darussalam, it may direct the Registrar to remove the name from the register.

An application for a certificate shall be made to the Council in such form as it may determine.

The Council shall, on being satisfied that the premises at and the conditions under which the applicant purports to practise veterinary medicine are suitable for such practice and that the applicant has paid the fee prescribed in the Second Schedule, direct the Registrar to issue an Annual Practising Certificate authorising the applicant to practise veterinary medicine at such premises, subject to such conditions as the Council may determine.

Subject to the provisions of this Order, the certificate shall be in force from the date of issue to the end of the year in which it was issued.

Renewal of certificate.

Every registered veterinary surgeon who wishes to renew his certificate for a further year shall, before the 30th. November of the preceding year, make an application in such form as the Council may determine.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

11

BLUV as at 8th March 2018

Upon being satisfied with the application and upon payment of the fee presribed in the Second Schedule, the Council shall direct the Registrar to issue to the applicant a new certificate for a further year, subject to such conditions as the Council may determine.

A person who fails to make an application pursuant to subsection (1) but who subsequently does so and pays the prescribed fee referred to in that subsection and such additional fee, if any, as may be prescribed in the Second Schedule shall be entitled to be issued with a new certificate in accordance with subsection (2).

Temporary permit to practise.

Notwithstanding anything to the contrary in this Order, the Council may, with the approval of the Minister, upon application in writing, issue to any person who is a veterinary surgeon registered outside Brunei Darussalam, a temporary permit to practise in Brunei

Darussalam as a veterinary surgeon subject to such conditions as the Council may specify in such permit for a period not exceeding 6 months, and such permit shall not be renewable upon its expiry.

The holder of a temporary permit to practice, while the permit remains in force subject to the conditions therein, shall be considered for the purposes of this Order to be a registered veterinary surgeon.

The Council may, with the approval of the Minister, at any time revoke any temporary permit to practise issued under subsection (1) without assigning any reason therefor and the permit shall thereupon cease to be in force.

Notification of change of address of residence or practice.

Every registered veterinary surgeon shall cause the certificate to be exhibited in a conspicous place in any premises in which he practices veterinary medicine, otherwise than as a public officer.

Where such registered veterinary surgeon carries on the practice of veterinary medicine at 2 or more addresses, he shall cause his original certificate to be displayed in accordance with subsection (1) at his principal place of practice and a certified copy of the certificate at every other place of practice, such certified copies having been obtained by him for that purpose from the Registrar upon application in writing to the Registrar and upon payment of the fee prescribed in the Second Schedule.

Any registered veterinary surgeon who contravenes or fails to comply with subsection (1) or (2) is guilty of an offence.

Any person who exhibits or permits to be exhibited in any premises a certificate or a certified copy thereof, bearing his name when his name does not appear on the register or when he does not possess a certificate which is in force, as the case may be, is guilty of an offence.

Practitioner operating practice to furnish particulars of persons practising veterinary medicine at every place of practice.

The Council may revoke a certificate if it appears to the satisfaction of the

Council that a registered veterinary surgeon is practising veterinary medicine in such premises or under such conditions as the Council considers unsuitable for such practice.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

13

BLUV as at 8th March 2018

Subject to subsection (3), where a certificate has been revoked under subsection (1), such certificate shall thereupon cease to be in force.

If any veterinary surgeon whose certificate has been revoked under subsection

makes an application in such manner as the Council may determine and pays the fee referred to in subsection (2) of section 24, the Council may direct that a certificate be issued to such veterinary surgeon.

Appointment, powers and duties of inspectors.

The Minister may appoint such number of public officers to be inspectors as he may consider necessary for the purposes of this Order.

Any inspector may, at any reasonable time –

An inspector acting under this section shall, in the course of entering or inspecting any premises, show proof of his identity and of his appointment.

The report made by an inspector under subsection (2) shall be in such form as the Council may determine and it shall be the duty of the inspector to submit such report to the

Council not later than 14 days after the date of the inspection.

Offences.

does not have a certificate in respect of such practice;

is in partnership with a registered veterinary surgeon who does not have a certificate;

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

14

BLUV as at 8th March 2018

has in his employment a registered veterinary surgeon who does not have a certificate; or

is employed to carry on the business of a veterinary surgeon on behalf of a person who does not have a certificate, is guilty of an offence, and he shall not be entitled to recover any fee, reward, disbursement or cost incurred during the time when he or any person referred to in paragraphs (b), (c) and (d)

did not have a certificate.

The Council shall have disciplinary jurisdiction over all registered veterinary surgeons.

The Council may exercise disciplinary jurisdiction over any registered veterinary surgeon who –

The Council may, in the exercise of its disciplinary jurisdiction, impose any of the following punishments –

Where the name of any registered veterinary surgeon is ordered by the Council to be removed or suspended from the register under paragraph (a) or (b) of subsection (1), as the case may be, he shall within 5 days of the making of such order surrender to the Registrar his certificate including any recent certificate which he may have obtained from the Registrar and his certificate of registration:

Provided that where neither such veterinary surgeon nor his counsel were present before the Council at the time of the pronouncement of such order, the Registrar shall give written notice to such veterinary surgeon of the order made by the Council and requiring that such veterinary surgeon shall surrender to him his certificate including any recent certificate which he may have obtained from the Registrar and his certificate of registration, within 7 days of the delivery of such notice at his registered address or at his last known address if that address differs from his registered address and it appears to the Registrar that such service will be more effective.

Where such registered veterinary surgeon fails to surrender his certificate and his certificate of registration within the time provided in subsection (2), he is guilty of an offence.

The Registrar shall publish in the Gazette the name of any person removed or suspended from the register under paragraph (a) or (b) of subsection (1), as the case may be, either –

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

16

BLUV as at 8th March 2018

No person whose name has been removed from the register under paragraph (a)

of subsection (1) shall thereafter be entitled to apply to be registered under this Order, but the

Council may, if it thinks fit in any case to do so, on the application of the person concerned, order that the name of such person be restored to be register, and where the name of a person has been suspended from the register for a limited period only, such person shall be entitled at the expiration of such period to apply for the certificate of registration and the certificate (if the period for which it is issued is still valid) to be returned to him.

An application under subsection (5) shall be made in such form and manner and be accompanied by such documents, photographs and particulars as the Council may determine and by the fee referred to in subsection (2) of section 24.

Appeal against direction or order of Council.

For the purposes of this Order, any registered practising veterinary surgeon who fails to comply with the code of veterinary practice is guilty of an offence.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

17

BLUV as at 8th March 2018

In this section, “code of veterinary practice” means general guidelines relating to practices of animal veterinary medicine introduced by the Council.

Fraudulent registration.

Any person not registered or exempted from registration who –

For the purposes of subsection (1) –

Any registered veterinary surgeon who allows an unregistered person to practise veterinary medicine on the premises used by or under the control of such registered veterinary surgeon in the performance of his professional duties is guilty of an offence.

Any registered veterinary surgeon who by his presence, countenance, advice, assistance or co-operation knowingly enables an unregistered person, whether described as an assistant or otherwise, to practise veterinary medicine is guilty of an offence.

Any registered veterinary surgeon who practises veterinary medicine in the premises in which an unregistered person practises veterinary medicine to the knowledge of the registered veterinary surgeon is guilty of an offence.

Incorporating amendments until S 12/2018

(Cleancopy) Norhasnani/Bb/fiqah/Karimah_as of 06.05.2019

NOTE: amendment on P1S1, P12S2, P17S2 [11.05.2019]

Softcopy emailed to Siti Noor Hazimah on 22.07.2019

19

BLUV as at 8th March 2018

Nothing in this section shall operate to prevent the carrying out of procedures, falling within the meaning of practice of veterinary medicine, by any person in the public service employed for that purpose where such procedures are carried out in the course of that person’s employment and under the supervision of a veterinary surgeon in the public service.

Offence for registered veterinary surgeons to falsely describe vocation.

the training of any veterinary student in the practice of veterinary medicine under the supervision of a registered veterinary surgeon in a veterinary hospital, veterinary clinic or veterinary school approved for such purpose by the

Minister;

the owner of an animal and the owner’s full time regular employee from caring for or treating the animal belonging to such owner, except where the ownership of animal was transferred for the purpose of circumventing this Order;

any person engaged in bona fide scientific research which reasonably requires experimentation involving animals from carrying on acts which otherwise are prohibited by this Order or any regulations made thereunder;

an employee of the Government from performing his official duties;

any person from advising with respect to or performing acts which the

Council has determined to be an accepted livestock management practice;

any person approved by the Council from performing artificial insemination.

Amendment of Schedules.

Any person who is guilty of an offence against this Order is liable on conviction –

In the case of a continuing offence, such person is liable to a further fine not exceeding $500 for each day during which the offence continues, in addition to the respective penalty referred to under paragraphs (a) and (b) of subsection (1).

Regulations.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which are necessary or expedient for giving effect to and carrying out the provisions of this Order, including the prescription of fees and of any other thing required to be prescribed under this Order, and for the due administration thereof.

In particular and without prejudice to the generality of the foregoing powers, such regulations may prescribe –