Professional Regulation

• The disciplinary system was introduced for RVNS

  2011
• The Animals Act 1971


  Any damage caused by an animal which belongs to dangerous species, any person who is a keeper of an animal is liable for the damages
• Dangerous species

  • Not commonly domesticated in the British Isles
  • Fully grown characteristics are likely to cause severe damage unless restrained
• Ownership

  • He/she owns the animal or has it in his/her possession
  • He/She & the head of a household of which a member under 16 owns or is in possession of
• Welfare

  The state of an individual in relation to its environment. Poor welfare can be with or without suffering.
• Animal Health and Welfare Act (Scotland) 2006

  • Places a 'duty of care' on owners and those in charge of animals to make sure their welfare needs are being met
  • Covers all vertebrates
  • Makes it illegal to neglect, cause suffering, or use an animal as a prize
• The Act increased the age for purchasing animals to 16 years old and increased the penalties for animal abuse
• Removing an animal from danger

  1. Can be done by an animal health and welfare inspector, member of the State Veterinary Service, SSPCA inspector, or police officer

  2. Can be done without waiting for a vet if urgent action is required
• Illegal animal fighting activities in the UK

  • Dog fights
  • Cockerel fights
  • Wrestling between animals and humans
  • Kangaroo 'boxing'
  • Rodeo
• It is illegal to abandon an animal, but the length of time an animal can be left alone varies depending on the circumstances
• Tail docking legislation in Scotland

  • Procedure must be carried out by a veterinary surgeon
  • Only allowed on spaniels or hunt point retrieve dogs aged 5 days or less
  • Not more than the end third of the length of the dog's tail may be removed
  • Veterinary surgeon must certify the dog is likely to be used for work in connection with lawful shooting of animals
• The Animal Health and Welfare Act (Scotland) 2006 involves the incorporation of agriculture law, which involves law and legislation involving notifiable diseases in Scotland regarding farm animals
• Anyone in charge of an animal has a legal obligation to comply with certain standards of care
• If a veterinary surgeon suspects non-accidental injury

  1. Discuss with client where appropriate

  2. Contact RSCA/SSPCA/relevant authorities

  3. Only take action if the veterinary surgeon decides the animal is at serious risk of being abused
• Schedule 3 Exemption


  The Veterinary Surgeons Act 1966 provides that veterinary surgeons may direct registered or student veterinary nurses who they employ, to carry out limited veterinary surgery
• Schedule Three Exemptions

  • Giving medical treatment or carrying out minor surgery
  • Maintenance and monitoring of anaesthesia
  • Vaccination of companion animals
  • Dentistry
• Common law


  Based on judicial decisions and custom ie based on normal practice, laws developed by judges through decisions of courts and similar tribunals eg murder
• Civil law

  Also known as private law. Section of the law that deals with disputes between individuals or organisations. Usually involves compensation or an agreement relating to finances
• Criminal law


  Section of the law that regulates conduct considered harmful or dangerous to society
• Statutory law


  Laws that have been made by an act of parliament. Government may introduce a bill to update existing laws, or develop new ones to respond to societal changes
• Precedent


  A legal decision serving as an authoritative rule or pattern in similar cases that comes after
• Statutory law consists of laws that have been made by an act of parliament. Government may introduce a 'Bill' to update existing laws or develop new ones to respond to changes in society. A Bill is debated in Parliament and once passed is drafted into law.
• Finn's law, Lucy's law, and the Animal Welfare (Sentencing) Act 2021 are examples of statutory law.
• Precedent is a legal decision serving as an authoritative rule or pattern in similar cases that comes after.
• Donoghue vs Stevenson (1932) and Bolam vs Friern Hospital Management Committee (1957) are examples of precedent cases.
• Proving negligence


  1. Is there a duty of care?

  2. Has there been a breach of that duty of care?

  3. Has this resulted in damage which would have been reasonably foreseeable?
• Differences between civil and criminal cases


  • Who can bring a case
  • Who hears a case
  • Outcome
  • The consequences
  • The timescale
• In a civil case, the reparation will be a monetary value attributed to the case not the individual. There is no custodial sentence unless the fine is not paid and this would then be dealt within the criminal court as it is contempt of court.
• In a criminal case, the outcome is either innocent or guilty (not proven in Scotland) with the assumption of innocence i.e. innocent until proven guilty. The consequences can be a custodial sentence, community payback orders, fine or a combination.
• The timescale for a civil case is approximately 3-10 years, while for a criminal case it is approximately 1-2 years.
• Veterinary nurses owe a duty of care to clients of their practice, their colleagues and employer, and certain other individuals
• The Bolam Test?

  Lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals

  Checks that skilled professionals have acted in accordance with the standards held by a professional body of men/women also skilled in that particular field
• Res Ipsa Loquiter?


  Latin phrase meaning "the thing speaks for itself".

  Applied when the court is willing to infer negligence purely from the effect on the claimant
• Res Ipsa Loquiter conditions?

  1. The dependent must be in control of the thing which caused injury to the claimant
  2. The accident must be of such a nature that it would not have happened otherwise
  3. There must be no explanation for the incident
• Forseeable negligence?


  The consequences of a negligent act must be foreseeable by a reasonable person in the circumstances

  Just because it is foreseeable that there will be consequences it does not matter that the consequences themselves were unforeseeable eg Bradford vs Robinson Rentals
• Compensation

  In the UK the injured party should be returned to the position they were in had the negligent act not been performed.

  The courts will compensate loss of earnings, medical expenses, loss of property, and will also allow damages for loss of future earnings, and pensions, pain, suffering and loss of amenity

  If an animal has been lost or damaged due to negligence, the owner may sue for the value of the animal or the reduction in value.
• GDPR Principles?


  Lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, accountability.
• Personal data?

  Data from which you can identify a living individual eg name, address, contact details etc
• Sensitive personal data?


  Includes data about individuals race, ethnicity, religious beliefs, health, trade union membership, sex life/sexual orientation, and now also includes genetic data such as DNA
• Data breach?

  The GDPR requires mandatory notification of a data security breach to the ICO with no undue delay, no later than 72 hours from becoming aware, unless there is not seen to be a risk to rights and freedoms. Late notification requires justification.

  Must also inform the individual(s) concerned, also without undue delay.