Animal Technicians Act

This Act may be cited as the Animal Technicians Act.

This section provides definitions for terms used in the Act such as "animal technician", "Cabinet Secretary", "Council", "Disciplinary Committee", "Principal Animal Technician", "Registrar", and "veterinary surgeon".

Persons must not practice or hold themselves out as animal technicians unless they are registered under this Act.

The Council must pay its members remuneration, fees or allowances for expenses, as it decides and with the Minister's approval.

The Council may appoint officers, agents and other staff as necessary for performing its functions, on terms the Council determines.

Members, officers, employees, agents and servants acting bona fide in executing Council functions are exempt from personal liability; subsection (1) does not remove the Council's liability to pay compensation or damages.

The Council must keep the common seal in custody and it must not be used except on the Council's order; affixing and other authenticating of documents may be done by the Chairperson and Chief Executive Officer; if either is absent in a matter the Council shall nominate one member to authenticate the seal on their behalf.

Contracts or instruments that would not need to be under seal when made by a natural person may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council.

Establishes the Animal Technicians Council and lists powers of the Council including suing and being sued; acquiring, holding or disposing of property; borrowing and investing; and performing acts necessary for its functions.

The Council has the function of establishing and improving standards of service for animal technicians.

The Minister must make rules for the election of the nine registered animal technicians under subsection (1)(e).

The Council must conduct and regulate its business and affairs as provided in the Schedule.

The Council must appoint a Chief Executive Officer and determine the CEO's terms; the CEO is an ex officio non‑voting member and must meet specified qualifications and perform duties including serving as secretary and managing day‑to‑day affairs subject to Council directions.

The Council may delegate any of its functions under this Act to a Committee or to any member, officer, employee or agent of the Council, subject to the Act and either generally or in a particular case.

The Council must appoint a Registrar with the approval of the Minister; the Registrar must be a registered animal technician and must perform duties for the register as directed by the Council.

The Registrar must keep up to date the register and records required under the Act (including specified lists) and must publish annually in the Gazette the names from those lists not later than 31st January.

Section 17 states qualifications for registration as an animal technician include being of good conduct.

Registered animal technicians listed on the register kept under section 16 must pay an annual retention fee (or at longer intervals the Council permits) to keep their name on the register.

Sets out how a person applies to be registered as an animal technician, requires the application to be in the prescribed form with the prescribed fee, requires Council approval if section 17 requirements are met, and requires the Registrar to record approved registrants in the register under section 16.

The Council must issue every person registered under this Act a certificate of registration in the prescribed form.

The Registrar must publish in the Gazette the name and address of anyone removed from the register within one month of removal; the Registrar must notify the person by registered mail; a removed person ceases to be registered; the Council may require an affidavit when a person requests removal.

The Registrar must, from time to time, make any necessary alterations or corrections in the register relating to any entry.

Reinstatement of name in the register

Lists qualifications required to engage in private practice as an animal technician and makes unauthorized private practice an offence with specified penalties.

A person must not engage in private practice unless they have been issued a valid licence to practise.

Applications for an annual licence must be made to the Registrar in duplicate and signed; licences must be delivered to the Council within 30 days if they cease to be in force; failing to deliver is an offence punishable by a fine up to fifty thousand shillings.

An annual licence issued under this Act is valid from its date of issue until the thirty-first December of that year.

A licence may be renewed for up to one further year on expiry; if a licence expires and is not renewed, the licence holder's name will be removed from the register.

by virtue of being so registered, be entitled to take and use the title and description of animal technician;

Establishes a Disciplinary Committee and lists its members (chairperson appointed by the Council; Attorney-General or representative; Registrar as secretary; one Minister-nominated person not on the Council; two private-practice animal technicians).

Section 31 refers to a matter where a person "has been convicted of an offence punishable by imprisonment, the commission of which in the opinion of the Council, has dishonoured him in the public estimation."

Those subject to an inquiry have the right to be heard in person; the Disciplinary Committee may administer oaths and, subject to regulations, compel witnesses and documents; the Committee has power to regulate its own procedure.

Section 33 lists disciplinary measures (admonishment, suspension up to 12 months, licence withdrawal up to 5 years, fines, removal from register) and related procedures.

An animal technician suspended from practising may appeal to the Council for lifting the suspension before it expires; if the Council is satisfied and receives the prescribed fee it must lift the suspension and restore the technician's registration and annual licence.

The Council holds monies that may accrue to or vest in it in the exercise of its powers or performance of its functions under this Act.

The Council's financial year is the period of twelve months ending on 30th June each year.

Section 37. Annual estimates Section 37(1) Before the commencement of each financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Council for that year. Section 37(2)(a) the payment of salaries,

The Council must cause proper accounting books and records to be kept for its income, expenditure, assets and liabilities.

The Council may invest the Council's funds in certain securities approved by law or Treasury, and may place surplus monies on deposit with banks it chooses.

It is an offence for a person not eligible to be registered or licensed under this Act to use a registration title, hold themselves out as registered or licensed, or to practise for gain as an animal technician; penalties include a fine up to one hundred thousand shillings or imprisonment up to two years, or both.

A person who is eligible but not registered or licensed who practises as an animal technician commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

It is an offence to employ someone as an animal technician if that person is not registered or licensed under this Act; conviction may lead to a fine up to five hundred thousand shillings, imprisonment up to three years, or both.

It is an offence for a person to wilfully falsify registers or records or to make false representations to be registered or licensed; on conviction the person may be fined up to one hundred thousand shillings or imprisoned up to two years, or both.

If a person is convicted of an offence under the Act for which no penalty is specified, they face a fine up to one hundred thousand shillings, or imprisonment for up to two years, or both.

Regulations may set the form and method of keeping the register and records under this Act.