HEALTH SERVICES act

Arrangement of Sections

1. Short title.

PART I

The Department of Health: Its Constitution and Responsibilities

2. The Department of Health.

3. Appointment of officers.

4. Health Council.

5. Health services, institutions and general facilities.

6. Health districts.

7. Death statistics and annual report.

8. General supervisory or directory power in relation to local authorities.

PART II

Hospitals Boards and Committees

9. Constitution of regional Hospital Board.

10. Regional Hospitals Board: functions and procedure.

11. Hospital Committees.

12. Powers, duties of Hospital Committee.

13. Meetings of Hospital Committee.

14. Annual report of Hospital Committee.

15. Limitation of authority of Hospital Committee.

16. Representation of Hospital Committee on Regional Hospitals Board.

17. Exercise of functions of Hospital Committee by regional Hospitals Board.

18. Vacation of office of members of Regional Hospitals Board or Hospital Committee.

19. Allowances to members of Hospital Boards and Committees.

20. Procedure for transaction of business.

PART III

Construction of Other Law

21. Continuation in employment of members of the Department of Medical and Sanitary Services.

22. Amendment of other written laws.

23. Savings for contracts.

3 of 1977,

12 of 1952,

10 of 1956,

13 of 1962,

13 of 1987.

AN ACT to provide for the constitution and responsibilities of the department of health and for the establishment of Regional Hospitals Boards and Hospital Committees, and to secure more efficient administration by the local authorities in relation to public health.

[Date of Commencement: 9th April, 1952]

1. Short title.

This Act may be cited as the Health Services Act.

PART I

The Department of Health:
Its Constitution and Responsibilities

2. The Department of Health.

(1) There shall be a Department of Health (hereinafter referred to as "the department”) which shall be administered in accordance with the succeeding provisions of this Act.

(2) The department shall consist of three divisions, that is to say, the division of medical services, the division of public health services and the division of laboratory services.

3. Appointment of officers.

(1) There may be appointed—

(a) a person to be or to act as Director of Health Services (hereinafter referred to as "the Director”);

(b) a person to be or to act as Deputy Director of Health (Medical Services);

(c) a person to be or to act as Deputy Director of Health (Public Health Services);

(d) a person to be or to act as Deputy Director of Health (Laboratory Services); and

(e) such medical officers, matrons, nurses, apothecaries and other officers and servants as may be necessary for carrying out the objects and purposes referred to in section 5.

(2) Each Deputy Director shall, subject to the general supervision and control of the Director, be responsible for the administration of the division of the department to which he is appointed and for the exercise and performance of the powers, functions and duties conferred on him by any other written law.

4. Health Council.

(1) There shall be a Consultative Council to be known as the "Health Council” which shall consist of the Director, the three Deputy Directors, and not more than seven Medical Practitioners nominated by the Minister, three of whom must be respectively officers of the medical, surgical and obstetrical sections of the department and one Dentist who is an officer in the dental section of the department.

In this subsection, the words "Medical Practitioner” and "Dentist” have the same meaning respectively as in the Medical Ordinance.

[S 4(1) subs by s 2 of Act 13 of 1987.]

(1A) Every member of the Health Council of who is nominated by the Minister under subsection (1) of this section shall, unless he earlier vacates office by resignation, hold office for a period of two years commencing from the date of his nomination. Any member who vacates office by effluxion of time shall be eligible for re-nomination.

[S 4(1A) ins by s 2 Act 13 of 1962.]

(2) It shall be the function of the Health Council—

(a) from time to time to make recommendations with a view to securing the improvement of the services provided by the department; and

(b) to tender advice to the Minister on matters referred to the Council for such advice.

(3) The Director shall preside at the meetings of the Health Council; and in the absence of the Director the members present shall elect one of their number to preside at the meeting. The Director shall not be entitled to vote at any such meeting.

(4) The Health Council shall be summoned by the Director to meet at least once in every month; and a report of the proceedings at each meeting shall be transmitted to the Secretary to the Ministry through the Director.

(5) Any member of the Health Council who dissents from any decision of the council shall be entitled to record in writing the reasons for his dissent; and it shall be the duty of the Director to transmit such record to the Secretary to the Ministry together with any such report in relation to the decision as the Director may desire to make.

5. Health services, institutions and general facilities.

Subject to such general or special directions as may be issued by the Minister, and to the availability of moneys granted from the Consolidated Fund in conformity with the provisions of Article 150 of the Constitution, the department shall be responsible for carrying out the following objects and purposes, that is to say—

(a) the provision of establishments and services (including courses of training) necessary for the prevention and treatment of disease and generally for the preservation and promotion of the health of the people;

(b) the encouragement of study and research in subjects relating to health, by the grant of scholarships and other facilities to persons employed or proposed to be employed in the department and by the grant of financial aid and other assistance to institutions providing courses of study or engaged in research in such subjects; and

(c) the taking, development or encouragement of measures for the investigation or prevention of disease and for the improvement of the public health, including research and epidemiological investigations and the dissemination of information.

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