DEPARTMENT OF HEALTH NO NOVEMBER 2015 REPUBLIC OF SOUTH AFRICA NATIONAL HEALTH LABORATORY SERVICE AMENDMENT BILL (MINISTER OF HEALTH)

Similar documents
NATIONAL HEALTH LABORATORY SERVICE AMENDMENT BILL

COMMISSION ON GENDER EQUALITY AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

The Bill is attached and further copies can be obtained from Mr Siyabonga Shozi of the

Government Gazette REPUBLIC OF SOUTH AFRICA

The Minister of Social Development intends to introduce table the Children's Second

NOTICE 686 OF 2015 PUBLIC SERVICE COMMISSION. explanatory memorandum are available on for public comment.

ANNEXURE A REPUBLIC OF SOUTH AFRICA LEGAL PRACTICE AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA LEGAL PRACTICE AMENDMENT BILL, 2017

MAGISTRATES COURTS AMENDMENT BILL

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the

Government Notices Goewermentskennisgewings

Government Gazette REPUBLIC OF SOUTH AFRICA

Government Gazette REPUBLIC OF SOUTH AFRICA

CONSTITUTION FOURTEENTH AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA BANKS AMENDMENT BILL. (As introduced in the National Assembly (proposed section 75);

DEFENCE AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA

Government Notices Goewermentskennisgewings

LEGAL PRACTICE AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 438 Cape Town 7 December 2001 No

Government Gazette REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA DRAFT IMMIGRATION AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA. AIDS HELPLINE: Prevention is the cure

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February Government Gazette

NOTICE 725 OF The closing date for submissions is 26 July Submissions and enquiries must be directed to

PUBLIC AUDIT AMENDMENT BILL

BUILT ENVIRONMENT PROFESSIONS LAWS AMENDMENT BILL, 2017 BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

LEGAL PRACTICE AMENDMENT BILL

NOTICE 1095 OF 2014 DEPARTMENT OF TRANSPORT PUBLICATION FOR COMMENTS OF THE DRAFT AIRPORTS COMPANY AMENDMENT BILL, 2014

CONSTITUTION EIGHTEENTH AMENDMENT BILL

NOTICE 143 OF 2015 RE-PUBLICATION OF THE DRAFT NATIONAL FORESTS AMENDMENT BILL, 2015 INVITATION FOR PUBLIC COMMENTS

LABOUR RELATIONS AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 5 Cape Town 26 September 2013 No THE PRESIDENCY

SOUTH AFRICAN MARITIME AND AERONAUTICAL SEARCH AND RESCUE AMENDMENT BILL

CONSTITUTION SEVENTEENTH AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

LABOUR RELATIONS AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

CONSTITUTION NINETEENTH AMENDMENT BILL

BOARD NOTICE 79 OF Words in square brackets indicate omissions from existing enactments.

GOVERNMENT GAZETTE STAATSKOERANT

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 17 March 2014 No Government Notice OFFICE OF THE PRIME MINISTER. No.

Government Notices Goewermentskennisgewings

NO. 21 OF 1997: UNIVERSITY OF THE WITWATERSRAND, JOHANNESBURG (PRIVATE) AMENDMENT ACT, 1997.

Public Service Commission Act 2 of 1990 (GG 27) came into force on date of publication: 8 June 1990 ACT

EXTENSION OF SECURITY OF TENURE AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA

Reproduced by Sabinet Online in terms of Government Printer s Copyright Authority No dated 02 February 1998 NOTICE 677 OF 2013

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

OF THE REPUBLIC OF SOUTH AFRICA

LABOUR RELATIONS AMENDMENT BILL

JURISDICTION OF REGIONAL COURTS AMENDMENT ACT

2 No GOVERNMENT GAZETTE, 21 JANUARY (English text signed by the President.) (Assented to 16 January 2008.) ACT

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 476 Cape Town 11 February 2005 No

DIVORCE COURTS AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 438 Cape Town 5 December 2001 No

Government Gazette Staatskoerant

HIGHER EDUCATION AMENDMENT BILL

NO. 23 OF 1999: HARMFUL BUSINESS PRACTICES AMENDMENT

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 7 May 2010 No. 4480

LABOUR LAWS AMENDMENT BILL

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

QUALIFICATIONS FRAMEWORK AMENDMENT

INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT ACT

Government Gazette REPUBLIC OF SOUTH AFRICA

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 432 Cape Town 15 June 2001 No

GOVERNMENT GAZETrE REPUBLIC OF NAMIBIA

Government Gazette REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA

JURISDICTION OF REGIONAL COURTS AMENDMENT BILL

DRAFT GOVERNMENT NOTICE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT. No. R. 2010

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Government Gazette REPUBLIC OF SOUTH AFRICA. Vol. 438 Cape Town 7 December 2001 No

COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL, 2016

CHOICE ON TERMINATION OF PREGNANCY AMENDMENT BILL

GOVERNMENT GAZETTE STAATSKOERANT

MINE HEALTH AND SAFETY AMENDMENT BILL

PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL

SOUTH AFRICAN CITIZENSHIP AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA. Judicial Matters Amendment Bill, 2016

REPUBLIC OF SOUTH AFRICA MONEY BILLS AMENDMENT PROCEDURE AND RELATED MATTERS AMENDMENT BILL, 2017

EDUCATION LAWS AMENDMENT BILL

Government Gazette REPUBLIC OF SOUTH AFRICA

TRANSPORT LAWS AND RELATED MATTERS AMENDMENT BILL

RESTITUTION OF LAND RIGHTS AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA PERFORMERS PROTECTION AMENDMENT BILL, 2016

LABOUR RELATIONS AMENDMENT BILL

SOUTH AFRICAN POSTBANK LIMITED AMENDMENT BILL

CITATION OF CONSTITUTIONAL LAWS BILL

NATIONAL PUBLIC HEALTH INSTITUTE OF SOUTH AFRICA BILL

HOUSING CONSUMERS PROTECTION MEASURES AMENDMENT ACT

CROSS-BORDER ROAD TRANSPORT AMENDMENT BILL

DANGEROUS WEAPONS BILL

Government Gazette REPUBLIC OF SOUTH AFRICA

Transcription:

1093 Act No. 12 of 2012: National Public Health Institute of South Africa Bill 39392 STAATSKOERANT, 11 NOVEMBER 2015 No. 39392 27 DEPARTMENT OF HEALTH NO. 1093 11 NOVEMBER 2015 REPUBLIC OF SOUTH AFRICA NATIONAL HEALTH LABORATORY SERVICE AMENDMENT BILL [As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette 39392 of 11 November 2015. The English text is the official text of the Bill] (MINISTER OF HEALTH) [B -2015]

28 No. 39392 GOVERNMENT GAZETTE, 11 NOVEMBER 2015 010615ce GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. BILL To amend the National Health Laboratory Service Act, 2000, so as to define certain expressions and to delete a definition; to make the Preferential Procurement Policy Framework Act, 2000, applicable to the National Health Laboratory Service; to adjust the objects and duties of the Service; and to strengthen the governance and funding mechanism of the National Health Laboratory Service; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 37 of 2000 1. Section 1 of the National Health Laboratory Service Act, 2000 (hereinafter referred to as "the principal Act"), is hereby amended- (a) by the deletion of the definition of "teaching environment"; and (b) by the insertion after the definition of "operational research" of the following definitions: " means made in terms of this health sector' means that of the health sector that is not owned or controlled an of Amendment of section 3 of Act 37 of 2000

STAATSKOERANT, 11 NOVEMBER 2015 No. 39392 29 2. Section 3 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) The Public Finance Management Act, 1999 (Act No.1 of 1999), [applies] and the Preferential Procurement Framework 2000 No. 5 of with the necessary changes, to the Service.". Amendment of section 4 of Act 37 of 2000 3. Section 4 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of the following paragraph: "(a) provide cost-effective and efficient health laboratory services to-"; and (b) by the substitution for paragraph (c) of the following paragraph: "(c) [provide] training for health science education.". Amendment of section 5 of Act 37 of 2000 4. Section 5 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph: "(b) promote the training of its laboratory and associated personnel;"; Substitution of section 7 of Act 37 of 2000 Act: 5. The following section is hereby substituted for section 7 of the principal "Composition of Board The Board consists of not less than seven and not more than 11 members who are the Minister.

30 No. 39392 GOVERNMENT GAZETTE, 11 NOVEMBER 2015 (2) (a) The Chief Executive Officer and Chief Financial Officer of the Service are the executive members of the Board. (b) The non-executive members of the Board must be persons who have skills and experience in the following areas: (i) Commerce, finance, auditing and economic matters; (ii) corporate management: (iii) health research; (vi) diagnostic laboratory services: or (v)_ legal matters. (c) In addition to the members contemplated in aaragraph (b), the Board must also have one representative each ofthe (i) national Department of Health; (ii) the public health sector; and (iii) the higher education sector. (3) The Board is accountable to the Minister.". Amendment of section 8 of Act 37 of 2000 6. Section 8 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively: "(1) The Minister must appoint the members contemplated in [section 7(b), (c), (e), (f) and (g)] section 7(2)(c)(i) to (iii) after consultation with the relevant bodies and institutions [and must ensure that appropriate laboratory professionals are appointed]. (2) The Minister must, before appointing the members contemplated in [section 7(d)] section 7(2)(ó)(i) to (y) by notice in the Gazette and in a national newspaper circulating in every province of the Republic invite all interested persons to nominate, within the period specified in the notice, persons who in the opinion of such interested persons are fit to be so appointed, stating the grounds upon which such opinion is based". Amendment of section 9 of Act 37 of 2000

STAATSKOERANT, 11 NOVEMBER 2015 No. 39392 31 7. Section 9 of the principal Act is hereby amended by the substitution for subsections (1) and (2) of the following subsections, respectively: "(1) The Minister must appoint a chairperson and a vicefrom amongst the members of the Board other than the executive chairperson members. (2) Whenever the chairperson of the Board is absent or unable to perform his or her functions as chairperson, the vice -chairperson must act as chairperson and, if the vice -chairperson is absent or unable to act as chairperson the members [Minister] must designate another member of the Board to act as chairperson until the chairperson or vice -chairperson is available.". Insertion of section 1 OA in Act 37 of 2000 10: 8. The following section is hereby inserted in the principal Act after section "Removal of members, dissolution of Board and Interim Board 10A. The Minister remove a Board member from the office on account of misconduct or to his or her duties after due inquiry. (2) The Minister may dissolve the Board for failure to perform its duties in terms of the Act after due inquiry. (3) The Minister may appoint suitably qualified persons to an temporary period required Interim Board on a basis for such that will be for the appoint provisions Act, provided Minister to a new Board in terms of the of this the period does not exceed six months. Amendment of section 11 of Act 37 of 2000

32 No. 39392 GOVERNMENT GAZETTE, 11 NOVEMBER 2015 9. Section 11 of the principal Act is hereby amended by the substitution of subsection (3) for of the following subsection: "(3) A decision of the majority of the members of the Board present at any meeting constitutes a decision of the Board and, in the event of an equality of votes, the member presiding at the meeting must have a casting vote [in addition to his or her deliberative vote].". Amendment of section 18 of Act 37 of 2000 10. Section 18 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: "(a) [income earned from fees for services rendered] funds collected in terms of section 20;". Substitution of section 20 of Act 37 of 2000 11. The following section is hereby substituted for section 20 of the principal Act of the following section: "Charges for services 20. The Service its customers a fee for the services rendered.". Repeal of section 25 of Act 37 of 2000 12. Section 25 of the principal Act is hereby repealed. Repeal of section 28 of Act 37 of 2000 13. Section 28 of the principal Act is hereby repealed.

STAATSKOERANT, 11 NOVEMBER 2015 No. 39392 33 Short title and commencement 14. This Act is called the National Health Laboratory Service Amendment Act, 2015, and comes into operation on a date fixed by the President by proclamation in the Gazette.