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Amendment of section 38 of Principal Act.
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7.— Section 38 of the Principal Act is amended—
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(a) in subsection (1), by inserting the following after paragraph (c):
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“(ca) where the board has made a bye-law under section 31(1)(fa) and the person has not practised the profession for a period specified in the bye-law, satisfies the board that he or she has met the criteria and fulfilled the conditions specified in that bye-law,”,
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(b) in subsection (1)(d), by deleting “in the case of a national of a state other than the State,”,
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(c) by substituting the following for subsection (2):
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“(2) A person holds an approved qualification in a designated profession if—
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(a) the person has been awarded a qualification in the State,
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(b) the person is a person to whom Directive 2005/36/EC applies and whose professional qualification in that profession is recognised in the State in accordance with that Directive, or
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(c) the person is a person other than a person referred to in paragraph (a) or (b), who is eligible to practise that profession in a state other than a state in relation to which Directive 2005/36/EC applies and who—
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(i) holds a professional qualification in that profession that the registration board concerned decides is one that attests to a standard of proficiency corresponding to the standard attested to by the relevant qualification referred to in paragraph (a), or
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(ii) holds a professional qualification that is one that the registration board concerned decides is not a professional qualification that attests to such a standard of proficiency, but is the subject of a decision of the registration board that he or she successfully completed, in the State, the aptitude test or adaptation period that the registration board has required of the person.”,
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and
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(d) by substituting the following for subsection (4)—
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“(4) In this section—
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‘adaptation period’, in relation to registration of a person in a designated profession, means the practice of that profession, whether or not that practice is accompanied by other training, under the supervision—
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(a) subject to paragraph (b), of a registrant in relation to that profession, or
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(b) in the case of an adaptation period that takes place during the transitional period, within the meaning of section 90, in relation to that profession, of a registrant in relation to that profession or another person who is practising that profession in the State;
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‘aptitude test’, in relation to registration of a person in a designated profession, means a test (which may include assessment of the knowledge of the professional rules applicable to that profession in the State, and other subjects) to assess the professional knowledge of the person that—
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(a) is essential in order for a person to practise the profession in the State, and
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(b) in the opinion of the registration board concerned, was not required in order for the person to obtain his or her professional qualification.”.
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