Title and commencement

1. This Order may be cited as the Veterinary Surgery (Epidural Anaesthesia of Bovines) Order 2010 and comes into force on 14th September 2010.

Revocation of the Veterinary Surgery (Epidural Anaesthesia) Order 1992

2. The Veterinary Surgery (Epidural Anaesthesia) Order 1992(3) is revoked.

Interpretation

3. In this Order-

"approved course" means-

"embryo" means the initial stage of development of a domestic animal of the bovine species while it is capable of being transferred to a recipient dam;

"embryo collection" means the collection of embryos from donor animals;

"embryo collection or embryo transfer team" means a group of technicians approved, in the case of embryo collection teams, for the time being by the Secretary of State, by the Department of Agriculture and Rural Development or by the competent authority of a relevant European State and supervised by a team veterinarian competent to perform the collection, processing and storage, or the transfer of embryos;

"embryo transfer" means the transfer of embryos into recipients;

"team veterinarian" means a veterinary surgeon who is responsible for the supervision of an embryo collection or embryo transfer team; and

"veterinary surgeon" means a person who is registered in the register of veterinary surgeons or the supplemental veterinary register.

Exemption from prohibition on the practice of veterinary surgery for the administration of epidural anaesthesia to bovines

4.-(1) Section 19(1) of the Veterinary Surgeons Act 1966(5) does not prohibit the administration of epidural anaesthesia for the purpose of embryo collection or embryo transfer if the conditions in paragraph (2) are complied with.

(2) The conditions are that the person administering the epidural anaesthesia is 18 years or older and-

(a)is undergoing an approved course and administers the epidural anaesthesia under the direct and continuous personal supervision of a veterinary surgeon; or

(b)has successfully completed an approved course and-

(i)administers the epidural anaesthesia on the instructions and under the authority of a team veterinarian (or other person nominated by that team veterinarian) as a member of an embryo collection or embryo transfer team; and

(ii)if that person has not practised the administration of epidural anaesthesia in the period of two years immediately preceding the administration of the epidural anaesthesia, has, within that period, successfully completed a course of training approved by-

(aa)the Secretary of State or the Department of Agriculture and Rural Development, after consultation with the Royal College of Veterinary Surgeons; or

(bb)the competent authority of a relevant European State,

as being suitable for renewing skills in the administration of epidural anaesthesia to bovines.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order permits people who are not veterinary surgeons to administer epidural anaesthesia to bovines for the purpose of embryo collection or transfer, subject to the conditions set out in the Order. It revokes the Veterinary Surgery (Epidural Anaesthesia) Order 1992 (S.I. 1992/696) and remakes the provisions of that Order with amendments to comply with the Provision of Services Regulations 2009 (S.I. 2009/2999) by which the United Kingdom transposed Directive 2006/123/EC of the European Parliament and of the Council (OJ No L 376, 27.12.2006) on services in the internal market.

Article 4(2) sets out the conditions with which a person who is not a registered veterinary surgeon must comply in order to administer epidural anaesthesia to a bovine.

In accordance with Directive 2006/123/EC and the Provision of Services Regulations 2009, the definition of "approved course" includes training courses in other EEA States, successful completion of which entitles a person to administer epidural anaesthesia to bovines.

No impact assessment has been carried out for this instrument as it has no significant impact on the costs of business, charities, voluntary bodies or the public sector.