Section 42 of the Principal Act is repealed and the following section is substituted:

42.     Restoring name to register

(1)  A person whose name has been removed from the register pursuant to section 40(1)(b)(ii) or (iii) may apply to have it restored to the register.

(2)  The application is to be –

(a) in an approved form; and

(b) lodged with the Registrar; and

(c) supported by such information or evidence as the Council requires; and

(d) accompanied by the prescribed restoration fee and annual registration fee.

(3)  The Council may waive all or part of the fees.

(4)  The Council must approve the application if –

(a) it is satisfied that the applicant complies with the relevant requirements specified in section 24 (excluding subsection (1)(a) and subsection (2)(a) of that section); and

(b) in the case of practising registration, it is satisfied, having regard to any relevant Ministerial guidelines, that the applicant has adequate professional indemnity insurance.

(5)  For the purposes of subsection (4) , the Council may get an assessment committee to carry out an assessment.

(6)  If the Council approves the application it is to –

(a) restore the applicant's name to the register (on the same conditions, if any, as applied to the person's registration immediately before the date of removal); and

(b) give the applicant notice of the approval and issue the applicant with a fresh certificate of registration.

(7)  If the Council refuses the application it is to give the applicant notice of –

(a) the refusal and the reasons for the refusal; and

(b) the applicant's right of appeal.

(8)  If a person applies to have his or her name restored to the register within 12 months of the date of its removal and the application is approved, the restoration takes effect on the day on which the application was lodged with the Registrar.

(9)  In the case of any other application approved under this section, the restoration takes effect on –

(a) the day on which the applicant is issued with a fresh certificate of registration; or

(b) such later day as the Council determines.