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Medical and Holberton Institution (Amendment) Act 2000

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No. 8 of 2000. Medical and Holberton Institution 1 ANTIGUA
(Amendment) Act 2000. AND


[ L.S. ]
I Assent,

James B. Carlisle

16th August, 2000.


No. 8 of 2000

An Act to amend the Medical and Holberton Institution Act
Cap. 270.

[ 7th September, 20001

ENACTED by the Parliament of Antigua and Barbuda as

1. This Act may be cited as the Medical and Holberton Insti- Short title.
tution (Amendment) Act 2000.

2. The Medical and Holberton Institution Act, in this Act Amendment of
referred to as the principal Act, is amended in section 2 as fol- section 2.
lows -

(a) by the deletion of the definition of the words hospi-
tal, labourer, Medical Superintendent or superin-
tendent and proprietor;

(b) by the insertion in the appropriate alphabetical or-
der of the following -

"Medical Chief of Staff' means the person ap-
pointed under section 10 of the Antigua and Barbuda
Hospitals Board Act 1999 to hold such office. ~ o . 1 of 1999.

ANTIGUA 2 Medical and Holberton Institution No. 8 of 2000.
AND (Amendment) Act 2000.


"Superintendent7' means the Superintendent appoint(-:d un-
der section 4.

Amendment of 3. Section 3(1) of the principal Act is repealed ,A.a substi-
section 3. tuted by the following -

"3(1) The Fiennes Institute, the soup kitchen and the
workhouse shall, for the purposes of this Act, form the
Holberton Institution.

Amendment of 4. The principal Act is amended in section 4 as follows -
section 4

(a) by the repeal of subsection (1) and the s ~ b s ~ ~ . ~ r ~ o n
of the following -

"(1) The Public Service Commission shall ap-
point some duly qualified person to be the Superin-
tendent of the Holberton Institution".

(b) by the deletion of the colon in subsection (2) and
the substitution of .i full stop.

) by the repeal of t ~ e proviso to subsection (2).

Amendment of 5. (1) Section 6 of the principal Act is amended by the re-
section 6. peal of subsection (2) and the sabstitution of the following -

"(2) The visitors appointed under subsection (1) shall
hold office for a period not exceeding three years and
may be eligible for reappointment."

Amendment of 6. The principal Act is amended in section 8 by the deletion
section 8. of paragraph #,I.

Amendment of 7. Section 9 of the principal Act is repealed.
section 9.

Amendment of 8. Section 10 of the principal Act is repealed and the follow-
section 10. ing substituted -

(1) Every District Medical Officer shall have author-
ity, at any time, to refer patients under his care to any
hospital under the control of the Antigua and Bat ~ u d a
Hospitals Board for treatment of any disease, sickness or
injury for which in his opinion, treatment cannot be ob-
ta ined elsewhere.

No. 8 of 2000. Medical and Holberton Institution 3
(Amendment) Act 2000.

(2) No District Medical Officer or Medical Practitio-
ner shall refer any person to a hospital unless he has per-
sonally visited or seen such person and satisfied himself
that the disease, sickness or injury of which such person
is afflicted could not be treated elsewhere.

(3) Every case referred under this section shall be, as
nearly as circumstances admit, in the form set out in
Schedule A or as may be prescribed by the rules to be
made under section 8 and shall comprise such particulars
as the Medical Chief of Staff may require.

(4) The Medical Chief of Staff or any coxasult&~it or
any duly qualified medical practitioner shall, upon receipt
of a case so referred to him under this section, carefully
examine the person who is the subject of the referral, and,
if he shall be of the opinion that the case is a proper one
for treatment in the hospital shall proceed to provide or
cause such treatment to be provided.

(5) The Cabinet shall make rules to determine the cir-
cumstances and the manner in which the medical expenses
of any person who is unable to pay such expenses shall
be settled.

9. Section 13 of the principal Act is repealed and the follow-
ing substituted -

"13. The Cabinet shall, from time to time, divide
Antigua and Barbuda into such number of medical dis-
tricts as it considers necessary.

10. Section 14 of the principal Act is repealed and the fol-
lowing substituted -

"The Public Service Commission shall appoint duly
qualified medical practitioners to be District Medical Of-
ficers in the medical districts into which Antigua and
Barbuda is divided under section 13".

11. Sections 19,20,21,22,23 and 24 are repealed and the
following substituted -



Amendmeni of
section 13.

Amendment of
section 14.

Repeal of sections
and 24.

"Responsibility for 19. (1) The head of any household or the
removal to a person in charge of any person whose removal

to a hospital has been ordered by a District

ANTIGUA 4 Medical and Holberton Institution No. 8 of 2000.
AND (Amendment) Act 2000.


Medical Officer shall be responsible for the
prompt removal and the payment of the ex-
penses incurred for the removal or the trans-
fer of the person to the hospital.

(2) Any such head of a household or per-
son in charge of any person ordered to be re-
moved into a hospital who fails or neglects to
convey or cause to be conveyed to the hospi-
tal any such person so ordered to be removed
within a reasonable time of the order for re-
moval commits an offenc~ and is liable on
summary conviction to a fine not exceeding
five hundred dollars.

(3) The District Medical Officer shall in-
dicate to the Medical Chief of Staff, the per-
son or persons who shall be responsible for
the payment of any expenses incurred in the
treatment of any person referred to the hospi-

(4) Where the person so referred is a des-
titute person or has no means of paying for
the treatment, the Government shall be re-
sponsible for the person's removal and shall
bear the expenses for his treatment.

Recovery of 20. All fines and penalties imposed by this
penalties. Act or the rules shall be recovered summarily

on the complaint of the Superintendent un-
der the Magistrate's Code of Procedure Act.

Funds of the 2 1. (1) There is hereby created a Fund to
Holberton be known as the Holberton Institution Fund
Institute. into which all monies received by the Institu-

tion shall be paid.

(2) The Funds and resources of the Insti-
tution shall consist of -

(a) monies appropriated by Parlia-

(b) monies received from gifts, en-
dowments, and bequests.

No. 8 of 2000. Medical and Holberton Institution 5 ANTIGUA
(Amendment) Act 2000. AND


(3) The funds of the institution shall be Amendment of
used for the maintainance and support of the
inmates and other dependants of the institu-
tion and other purposes incidental therewith.".

12. The Schedule to the principal Act is amended by delet-
ing the words "and I hereby recommend that the said . . . be
admitted to the hospital." and substituting the following -

"and I hereby refer . . . to the Medical Chief of Staff for
treatment at the hospital."

Passed the House of Representatives Passed the Senate this 20th day of
this 6th day of June, 2000. June, 2000.

Bridget Harris,

Yvonne Henry,
Deputy Clerk to the House of


Senator Llewlyn Smith,
Vice President.

Sylvia Walker,
Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2000.
800--9-00 [Price $2.601