42Constitution of a hearing panel for a formal hearing

42 Constitution of a hearing panel for a formal hearing

(1) A panel appointed under section 41 must consist of not less than 3 persons—

(a) who are to be members of the Board; and

(b) of whom 1 is to be a lawyer and at least 1 is to be a registered veterinary practitioner.

S. 42(2) substituted by Nos 103/2003 s. 61(1), 22/2022 s. 181.

(2) The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

(a) the Board is unable to appoint a panel because there are not enough members available to sit on it;

(b) the Board is of the opinion that a person with special expertise is required for the hearing;

(c) the Board considers that in the circumstances it is desirable that a lawyer should sit on the panel.

S. 42(2A) inserted by No. 103/2003 s. 61(1).

(2A) Despite subsection (2), at least one member of a panel must be a member of the Board.

(3) The following people are not entitled to be members of a panel for a formal hearing—

(a) a person who has undertaken a preliminary investigation of the matter which is the subject of the hearing;

(b) a person who has been a member of a panel which held an informal hearing into the matter.

S. 42(4) inserted by No. 103/2003 s. 61(2), repealed by No. 22/2022 s. 182.