91.—(1) F136[Subject to subsections (2) and (4A), the registration board of a designated profession] listed in the second column of Schedule 3 shall grant registration to a person who, F137[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 who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37(2) and with any requirement imposed on, or request made to, him or her under section 37(3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification listed opposite that profession in the third column of that Schedule or a corresponding qualification, or

F138[(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,]

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

F136[(2) The Social Care Workers Registration Board shall grant registration to a person who—

(a) during the period of 5 years ending on the date on which he or she makes an application under section 37, was engaged in the State, a Member State or the United Kingdom in the practice of the profession of social care worker within the meaning, where the Social Care Workers Registration 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 period) of not less than 2 years or such other period as may be specified in those bye-laws,

(b) applies during the transitional period to the Social Care Workers Registration Board for registration,

(c) complies with section 37(2) and with any requirement imposed on, or request made to, the person under section 37(3) as applied by this section,

(d) meets one or more of the following requirements:

(i) the person holds a qualification listed opposite the profession of social care worker in the third column of Schedule 3 or a corresponding qualification;

(ii) the person holds a professional qualification that, in the opinion of the Social Care Workers Registration Board, is sufficiently relevant to the profession of social care worker and attests to a standard of proficiency corresponding to a qualification listed opposite the profession in the third column of Schedule 3;

(iii) the person successfully completes an assessment of professional competence set by the Social Care Workers Registration Board in accordance with any guidelines issued by the Council;

(iv) subject to subsections (2A) and (3), the person’s employer or former employer attests, by written opinion, to the person’s having achieved the standard of proficiency required for the practice of the profession of social care worker,

(e) satisfies the Social Care Workers Registration Board that the person is a fit and proper person to engage in the practice of the profession of social care worker, and

(f) pays the required fee to the Council.]

F139[(2A) Nothing in subsection (2)(d)(iv) shall be construed to prevent or restrict the Social Care Workers Registration Board from refusing to grant registration to a person where it is satisfied that it is in the public interest to do so having regard to the person’s proficiency in the profession of social care worker by reference to—

(a) the competence of the employer or former employer concerned to form an opinion, or

(b) the duration of the employment relationship between the person and the employer or former employer concerned.]

F136[(3) An opinion is not valid for the purpose of subsection (2)(d)(iv) unless the employer or former employer concerned has, in forming the opinion, adhered to any assessment guidelines issued by the Council for that purpose, including on—

(a) an employer’s competence to form an opinion for the purpose of subsection (2)(d)(iv), and

(b) the minimum duration of an employment relationship between the applicant and an employer required to form an opinion for the purpose of subsection (2)(d)(iv).]

(4) F140[…]

F141[(4A) The Physiotherapists Registration Board (in this subsection and subsection (4B) referred to as “the Board”) shall grant registration to a person who—

(a) applies on or after the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and not later than one year after that date, to the Board for registration,

(b) meets the requirements of paragraphs (b), (d) and (e) of subsection (1),

(c) demonstrates to the satisfaction of the Board engagement in the State in the assessment, treatment and management of musculoskeletal disorders, under the title of physiotherapist or physical therapist, for a period (or periods which, when taken together, amount to such period) of 2 years during the 5 year period ending on the date on which section 7 of the Health and Social Care Professionals (Amendment) Act 2017 comes into operation, and

(d) either—

(i) holds—

(I) a Diploma in Physical Therapy awarded after 1991 and before 2010 by the Institute of Physical Therapy and Applied Science Dublin, or a Diploma in Physical Therapy and Bachelor of Science in Applied Health Science awarded after 2009 by the Institute of Physical Therapy and Applied Science Dublin, or

(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 in clause (I),

or

(ii) successfully completes an assessment of professional competence set by the Board in accordance with any guidelines issued by the Council that attests to the standard of proficiency in the assessment, treatment and management of musculoskeletal disorders required for registration in the profession.

(4B) The function of the Board under subsection (4A) is in addition to, and not in substitution for, its function under subsection (1) in relation to applicants for registration.]

(5) The registration board of a designated profession (other than a profession listed in the second column of Schedule 3 F142[or the profession of dispensing optician, optometrist or radiation therapist]) shall grant registration to a person who, F138[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] and who—

(a) applies during the transitional period to that board for registration,

(b) complies with section 37(2) and with any requirement imposed on, or request made to, him or her under section 37(3) as applied by this section,

(c) either—

(i) holds—

(I) a qualification prescribed under section 95 for that profession or a corresponding qualification, or

F138[(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,]

or

(ii) successfully completes an assessment of professional competence set by the board in accordance with any guidelines issued by the Council,

(d) satisfies the board that he or she is a fit and proper person to engage in the practice of that profession, and

(e) pays the required fee to the Council.

(6) Section 37(3) applies in relation to an application for registration made during the transitional period under this section F143[or during the period referred to in subsection (4A)(a)] and sections 43 and 44 apply in relation to any decision made by a registration board or the Council concerning that application.

F139[(7) In this section—

"Member State" means—

(a) a state, other than the State, which is a member of the European Union,

(b) a state, other than a member of the European Union, which is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that agreement, and

(c) Switzerland;

"United Kingdom" means—

(a) the United Kingdom of Great Britain and Northern Ireland,

(b) the Channel Islands, and

(c) the Isle of Man.]