Health and Social Care Professionals (Amendment) Act 2012

Amendment of section 91 of Principal Act.

15.— (1) Section 91 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the registration board concerned has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such period) of not less than 2 years or such other period as may be specified in those bye-laws” for “at any time during the period of 5 years ending on the relevant date, was engaged in the practice of that profession”, and

(ii) by substituting the following for paragraph (c)(i)(II):

“(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column of that Schedule,”,

and

(b) in subsection (5)—

(i) by substituting “during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the board has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such a period) of not less than 2 years or such other period as may be specified in those bye-laws” for “any time during the period of 5 years ending on the relevant date, was engaged in the practice of the designated profession”, and

(ii) by substituting the following for paragraph (c)(i)(II):

“(II) a professional qualification that, in the opinion of the board, is sufficiently relevant to that profession and attests to a standard of proficiency corresponding to a qualification prescribed under section 95 for that profession,”.

(2) Notwithstanding any other provision of this Act, section 91(1) of the Principal Act shall apply, in relation to applications for registration in the register of a designated profession where the register concerned was established before the commencement of subsection (1) and section 14, as though “a person who, at any time during the period of 5 years ending on the relevant date, was engaged in the practice of that profession and” were substituted for “a person who, during the period of 5 years ending on the relevant date, was engaged in the State in the practice of the designated profession, within the meaning, where the registration board concerned has specified such a meaning in bye-laws, of those bye-laws, for a period (or periods which, when taken together, amount to such period) of not less than 2 years or such other period as may be specified in those bye-laws, and”.