Health Service Act[Chapter 15:16]

21 Administration, application and income of health services fund.

  1. Accounts to be kept by hospital management boards.
  2. Audit of accounts.
  1. Appeals to Labour Court.
  2. Pension benefits on transfer to Health Service.
  3. Service regulations.
  4. Regulatory powers of Minister.
  5. Amendment of section 3 of Cap. 1:01.
  6. Amendment of section 69 of Cap. 27:19.
  7. Amendment of section 5 of Act No. 27 of 1998.
  8. Amendment of section 5 of Cap. 15:09.
  9. Repeal of Cap. 15:07 and savings.
  10. Transitional provisions.

First Schedule: Central and Provincial Hospitals.

Second Schedule: Provisions applicable to the Board and Hospital Management Boards. Third Schedule: Powers of Hospital Management Boards.

To provide for the establishment of the Health Service Board and its functions; to constitute the Health Service and to provide for its administration and the conditions of service of its members; to provide for the transfer of persons engaged in public health service delivery from the Public Service to the Health Service and to provide for matters connected with or incidental to the foregoing.

[Date of commencement : 25th February, 2005]

This Act may be cited as the Health Service Act [Chapter 15:16].

“Board” means the Health Service Board established in terms of section 3;

“central hospital” means any hospital—

“district or general hospital” means any Government hospital other than a central or provincial hospital designated by the Minister by notice in the Gazette and includes a mission hospital or any State-aided hospital that is so designated;

"fixed date" means the date fixed in terms of section 1(2) as the date of commencement of this Act;

"Government hospital" means a central, provincial, district or general hospital;

“Health Service” means the services constituted by the persons referred to in section 9;

“Health Service Secretariat” includes all administrative staff of the Health Service Board;

"hospital management board" means any hospital management board established in terms of section 19;

“member”, in relation to the Health Service, means a person employed in the Health Service, including a person employed under contract in terms of section 15;

“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“mission hospital” means a private hospital sponsored by any religious body;

“pension benefit” means any pension, commutation of a pension, gratuity or other similar allowance or benefit or any refund of pension contributions, including any interest payable thereon, payable to a person in respect of his or her service as a member of the Health Service or in respect of any illhealth or injury arising out of and in the course of his or her official duties as such a member or for a dependant or personal representative of such person in respect of such service, ill-health or injury or on the death of such person;

“provincial hospital” means any hospital 

“recognised association or organisation” means an association or organisation declared to be a recognised association or recognised organisation, as the case may be, in terms of section 16(1);

“service regulations” means regulations made in terms of section 26 regulating conditions of service of members of the Health Service;

“State-aided hospital” means any private hospital, including a mission hospital, which receives a grant from the State and includes a mission hospital.

HEALTH SERVICE BOARD

There is hereby established a board to be known as the Health Service Board which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of doing anything that a body corporate may do by law.