Section 28 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "subject to" and substituting "on" ;

(b) by omitting from subsection (3) "subject to" and substituting "on" ;

(c) by omitting from subsection (4) "subject to" and substituting "on" ;

(d) by omitting from subsection (5) "must give notice to the applicant of –" and substituting "is to give the applicant notice of –" ;

(e) by omitting from subsection (5)(b) "conditions that the registration is subject to" and substituting "registration conditions" ;

(f) by inserting the following subsection after subsection (6) :

(6A)  Notwithstanding section 24(1)(b) , the Council is not entitled to refuse practising registration to an applicant by reason only that the person suffers from some form of physical or mental incapacity unless the Council is satisfied on reasonable grounds that it would not be possible for the incapacity to be accommodated or managed, without compromising patient care, by the imposition of appropriate registration conditions.

(g) by omitting subsection (8) and substituting the following subsections:

(8)  If subsection (6) or (7) applies, the Council is to –

(a) give the applicant notice of the refusal, the reasons for the refusal and the applicant's right of appeal; and

(b) refund the annual registration fee that accompanied the application.

(9)  For the purposes of this section, where the relevant assessment committee has made a recommendation under section 27(2A) the Council may treat an applicant for one kind of practising registration as being an applicant for another kind of practising registration.

(10)  The Council's power under subsection (9) is only exercisable if the applicant consents.