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Amendment of Principal Act - insertion of section 40A (conditions attached to registration)
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23. The Principal Act is amended by inserting the following section after section 40:
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“Conditions attached to registration
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40A. (1) A person making an application for registration as a member of a designated profession shall declare in the application whether he or she has any relevant medical disability.
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(2) Where the registration board concerned is satisfied that—
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(a) a person making an application for registration as a member of a designated profession has a relevant medical disability, and
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(b) in the interests of public safety, registration should only be granted to the person subject to conditions on the practising of that profession which take account of that disability,
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the board shall specify the conditions (in this section referred to as the ‘proposed conditions’) which, in the opinion of the board, are necessary to be attached to the registration of the person in those interests.
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(3) Where the person the subject of a decision under subsection (2) agrees in writing to the attachment of the proposed conditions to the registration, the registration board concerned shall register the person and at the same time enter in the register concerned—
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(a) a statement that the registration is subject to conditions, and
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(b) particulars of the conditions.
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(4) A registrant who, at the time of registration, did not have a relevant medical disability but develops a relevant medical disability at any time after registration shall notify the registration board concerned of that development—
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(a) not later than 30 days after the day on which he or she becomes aware of that development, or
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(b) where the relevant medical disability concerned renders it impracticable for the registrant to notify the board within those 30 days, as soon as is practicable in the circumstances.
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(5) Where the registration board is satisfied, after receiving a notification under subsection (4), that in the interests of public safety, the registration of the registrant should become subject to conditions on the practising of the designated profession concerned which take account of the relevant medical disability concerned, the board shall decide that conditions should be attached to the registration of the registrant in those interests, specify those proposed conditions and propose that the registrant accept that those conditions be attached to his or her registration.
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(6) Where the registrant the subject of a decision under subsection (5) agrees in writing to the attachment of the proposed conditions, the registration board shall attach those conditions to the registration of the registrant and at the same time enter in the register concerned—
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(a) a statement that the registration is subject to conditions, and
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(b) particulars of the conditions.
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(7) Where the registrant the subject of a decision under subsection (5) refuses, in writing, to agree to the attachment of the proposed conditions, or does not respond within 30 days after receiving the decision from the registration board, the board shall make a complaint under section 52(1)(c).
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(8) Nothing in this section shall be construed to prevent the registration board from exercising its power under subsection (2) for a second or subsequent time in respect of the same person where the board is satisfied (whether on grounds put to it by that person or on other grounds) that a previous decision made by it under that subsection in respect of that person ought to be replaced by a new decision under that subsection.”
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