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CHAPTER 315- NATIONAL HEALTH SERVICES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

National Health Services (Commencement) Order, 1996

National Health Services (Transfer and Secondment of Public Officers) Regulations, 1997

Management Boards (Establishment) Order, 1997

National Health Services (Repeal) Act (Commencement) Order, 2006

NATIONAL HEALTH SERVICES (COMMENCEMENT) ORDER, 1996

[Section 1]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Commencement

SI 36 of 1996.

 

1. Title

This Order may be cited as the National Health Services (commencement) Order, 1996.

 

2. Commencement

The National Health Services Act, 1995, shall come into operation with effect from the 2nd of March, 1996.

NATIONAL HEALTH SERVICES (TRANSFER AND SECONDMENT OF PUBLIC OFFICERS) REGULATIONS, 1997

[Sections 17 and 18]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Transfer of officers

   4.   Contracts to be signed

   5.   Conditions of contracts


{mprestriction ids="2,3,5"}

   7.   Pension contributions

SI 76 of 1997.

 

1. Title

These Regulations may be cited as the National Health Services (Transfer and Secondment of Public Officers) Regulations, 1997.

 

2. Interpretation

In these Regulations, unless the context otherwise requires–

“officer” means a public officer as defined in the Constitution; and

“Public Service” shall have the meaning assigned to it under the Service Commissions Act.

 

3. Transfer of officers

As from 1st August, 1997, an officer may be transferred to a management board.

 

4. Contracts to be signed

An officer who is transferred to a management board shall sign an employment contract with that board.

 

5. Conditions of contracts

   (1) Every contract signed between an officer and a management board shall include the following conditions–

      (a)   the duration of contract;

      (b)   the application of the conditions of service of the management board to the officer; and

      (c)   a provision for gratuity.

   (2) Where an officer is transferred to a board on 1st August, 1997, the contract shall, in addition to the conditions in regulation 5, state that for the period of five months commencing on 1st August, 1997, the officer shall be deemed to be on attachment to the board from Public Service and that the emoluments of the officer shall continue to be paid by the ministry responsible for finance:

Provided that a management board may pay additional emoluments to an officer attached to it.

   (1) An officer who is transferred to a management board may be seconded to another management board.

   (2) Where an officer has been seconded to a management board under the provisions of section 18 the Minister shall specify the periods of such secondment.

 

7. Pension contributions

Where an officer is transferred to a management board under Regulation 3 before that officer has attained the age of 55, that board shall make contributions to the Pensions Fund established under the Public Service Pensions Act for that officer in accordance with the provisions of that Act:

Provided that the mandatory contribution of seven and one fourth per centum of an officer’s pensionable emoluments shall be deducted from the gratuity paid to that officer

MANAGEMENT BOARDS (ESTABLISHMENT) ORDER, 1997

[Section 11]

Arrangements of Paragraphs

Paragraph

   1.   Title

   2.   Interpretation

   3.   Establishment of management boards

   4.   Composition of board

   5.   Publication of names

      SCHEDULE

SI 147 of 1997.

 

1. Title

This Order may be cited as the Management Boards (Establishment) Order, 1997.

 

2. Interpretation

In this Order, unless the context otherwise requires–

“board” means a management board established under paragraph 3;

“health service” includes primary care services, public health services, clinical services, hospital services and palliative care.

 

3. Establishment of management boards

There is hereby established a management board for each district, hospital and health service specified in the Schedule hereto and each board shall be a body corporate with perpertual succession and a common seal, capable of suing and of being sued in its corporate name, and with subject to the provisions of the Act, to do all such acts and things as a body corporate may lawfully do or perform.

 

4. Composition of board

Each management board shall consist of such number of members as is specified in the Schedule, appointed by the Minister subject to the provisions of section 14.

 

5. Publication of names

The Minister shall cause the names of the Board members appointed under paragraph 4 to be published in the Gazette.

SCHEDULE

[Regulation 3]

MANAGEMENT BOARDS COMPOSITION

Chienge District Health Management Board – 10 members

National Blood Transfusion Services Board – 9 members

Mpongwe District Health Manageemnt Board – 10 members

Lufwenyama District Health Management Board – 10 members

Mugwi District Health Management Health Board – 10 members

National Public Health Regulatory Board – 11 members

Vehicle and Medical Equipment Maintenance Management Board-9 members

NATIONAL HEALTH SERVICES (REPEAL) ACT (COMMENCEMENT) ORDER, 2006

[Section 1]

Arrangement of Paragraphs

Paragraph

   1.   Title

   2.   Commencement of Act No. 17 of 2005

Act 17 of 2005,

SI 26 of 2006.

 

1. Title

This Order may be cited as the National Health Services (Repeal) Act (Commencement) Order, 2006.

 

2. Commencement of Act No. 17 of 2005

The National Health Services (Repeal) Act, 2005, shall come into operation on the date of the publication of this Order.{/mprestriction}