78. Section 2 of the Act of 2007 is amended—

(a) by renumbering the section as subsection (1),

(b) in subsection (1) —

(i) in the definition of “appropriate fee”, by the insertion of “(if any)” after “means the fee”,

(ii) in the definition of “certificate of experience”, by the substitution of “an intern pursuant to section 36F(2)” for “a medical practitioner pursuant to section 49(2)”,

(iii) by the substitution of the following definition for the definition of “certificate of registration”:

“ ‘certificate of registration’ —

(a) in relation to an intern, means a certificate referred to in section 36B(5),

(b) in relation to an adapter, means a certificate referred to in section 36L(5), and

(c) in relation to a medical practitioner, means a certificate referred to in section 43(5);”,

(iv) in the definition of “conditions”, by the insertion of “and restrictions” after “terms”,

(v) in the definition of “decision”, by the substitution of “section 36H, 36P, 54, 75, 83, 90 or 92” for “section 54, 75, 83, 90 or 92”,

(vi) by the substitution of the following definition for the definition of “medical practitioner”:

“ ‘medical practitioner’ means a person who holds a qualification recognised under section 44A(2) or who falls within section 50A(2);”,

(vii) by the substitution of the following definition for the definition of “Member State”:

“ ‘Member State’ means a state, other than the State, which is a member of the European Union, and includes—

(a) a State 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

(b) Switzerland;”,

(viii) by the substitution of the following definition for the definition of “registered”:

“ ‘registered’, except in Parts 5A and 5B, means registered under section 44, 46, 47, 48, 50 or 50A;”,

(ix) by the substitution of the following definition for the definition of “registered medical practitioner”:

“ ‘registered medical practitioner’, subject to sections 56A and 56B, means a medical practitioner whose name is entered in the register;”,

(x) by the substitution of the following definition for the definition of “relevant conditions”:

“ ‘relevant conditions’ —

(a) in relation to an intern, means any conditions attached to the registration of the intern pursuant to—

(i) section 36G(3), (7) or (8),

(ii) a decision confirmed or given under section 36H(4),

(iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B,

(iv) section 81(3) as that section is construed in accordance with section 56B, or

(v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B,

(b) in relation to an adapter, means any conditions attached to the registration of the adapter pursuant to—

(i) section 36O(3), (7) or (8),

(ii) a decision confirmed or given under section 36P(4),

(iii) a decision referred to in section 78(1) as that section is construed in accordance with section 56B,

(iv) section 81(3) as that section is construed in accordance with section 56B, or

(v) a decision confirmed or given under section 83(3) as that section is construed in accordance with section 56B,

or

(c) in relation to a registered medical practitioner, means any conditions attached to the registration of the practitioner pursuant to—

(i) section 53(3) or (7),

(ii) a decision confirmed or given under section 54(4),

(iii) a decision referred to in section 78(1),

(iv) section 81(3), or

(v) a decision confirmed or given under section 83(3);”,

(xi) by the substitution of the following definition for the definition of “relevant medical disability”:

“ ‘relevant medical disability’, in relation to a person, means a physical or mental disability of the person (including addiction to alcohol or drugs) which may impair the person’s ability to practise medicine or a particular aspect thereof;”,

(xii) by the insertion of the following definitions:

“ ‘adapter’ means a relevant person whose name is entered in the register of adapters;

‘approved medical degree’ means a degree awarded in consequence of the completion of a programme of medical education and training approved under section 88(2)(a)(i)(I);

‘authorised officer’ means a member of the staff of the Council appointed under section 58(1) to be an authorised officer to perform the functions specified under section 58(2);

‘certificate of adaptation’ means a certificate of adaptation granted to an adapter pursuant to section 36N(2);

‘general qualification’ shall be construed in accordance with section 44B;

‘health or social care’, in relation to a person (howsoever described), means the health or social care that the person provides or has provided in his or her capacity as a member or former member of a relevant profession;

‘Irish formal qualification’ means—

(a) an approved medical degree completed mainly in the State, and

(b) a certificate of experience;

‘investigation’, in relation to a complaint, means an investigation referred to in section 58A(1);

‘investigation report’, in relation to a complaint, means a report referred to in section 58A(3) prepared following the investigation of the complaint;

‘intern’ means a person whose name is entered in the register of interns;

‘intern qualification’ shall be construed in accordance with section 36D;

‘material matter’, in relation to a person (howsoever described), means—

(a) any of the following taken by any regulatory body (whether in or outside the State), other than the Council, in relation to the provision of one or more than one kind of health or social care by the person:

(i) the imposition of conditions on any registration or licence;

(ii) the suspension, withdrawal or removal of any registration or licence;

(iii) the refusal to grant registration or a licence,

or

(b) a conviction in the State for an offence triable on indictment (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

‘registered address’ —

(a) in relation to a registered medical practitioner, means the address specified in the register of medical practitioners as the practitioner’s address,

(b) in relation to an intern, means the address specified in the register of interns as the intern’s address, and

(c) in relation to an adapter, means the address specified in the register of adapters as the adapter’s address;

‘register of adapters’ means the register of adapters established under section 36L(1);

‘register of interns’ means the register of interns established under section 36B(1);

‘register of medical practitioners’ means the register;

‘relevant person’ has the meaning assigned to it by section 36K;

‘relevant profession’ means any of the following professions:

(a) dentist;

(b) a designated profession within the meaning of section 3 of the Health and Social Care Professionals Act 2005;

(c) medical practitioner;

(d) midwife;

(e) nurse;

(f) pharmacist;

‘restriction’ includes a condition;

‘specialist qualification’ shall be construed in accordance with section 44C;”,

and

(xiii) by the deletion of the definitions of “basic medical qualification” and “formal qualification”,

and

(c) by the insertion of the following subsection after subsection (1):

“(2) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the Council of its functions under the Regulations of 2017 as the competent authority in respect of the regulated professions (within the meaning of Regulation 3 of those Regulations) concerned.”.