Mount St. John’s Medical Centre Act, 2009

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The Mount St. John's Medical Centre Act, 2009.pmd
ANTIGUA AND BARBUDA

THE MOUNT ST. JOHN’S MEDICAL CENTRE ACT, 2009

No. 2 of 2009

[ Printed in the Official Gazette Vol. XXIX No. 12
dated 13th February, 2009. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Government Printer
— By Authority, 2009.

800—2. 09 [ Price$7.85 ]

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 20092

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 3

THE MOUNT ST. JOHN’S MEDICAL CENTRE ACT, 2009

ARRANGEMENT

Sections

1. Short title and commencement.
2. Interpretation.
3. Establishment of the Mount St. John’s Medical Centre Board.
4. Composition of the Board.
5. Meetings of the Board.
6. Declaration of interests.
7. Pecuniary interests for the purposes of section 6.
8. Removal or exclusion of disability, etc.
9. Functions and duties of the Board.
10. Policy directions by Minister and daily management of the Hospital.
11. Appointment of Chief Executive Officer and Director of Finance, Senior Management

Personnel and Management Company.
12. Appointment of Medical Director.
13. Appointment of medical and other staff.
14. Pension Scheme.
15. Clinical departments and services.
16. Medical Executive Committee.
17. Financial provisions.
18. Borrowing powers.
19. Investment.
20. Bank accounts.
21. Accounts of the Board.
22. Audit of accounts.
23. Inspection of premises of and standards at the hospital.
24. Vesting of certain property, rights and liabilities in the Board.
25. Annual Report.
26. Ministerial approvals.
27. Exemption from tax, customs duties and other duties.
28. Repeals
29. Transitional provisions.
30. Power to make regulations.
31. Power to make rules.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 20094

[L.S.]

I Assent,

Louise Lake-Tack,
Governor-General.

6th February, 2009

ANTIGUA AND BARBUDA

THE MOUNT ST. JOHN’S MEDICAL CENTRE ACT, 2009

No. 2 of 2009

AN ACT to establish the Mount St. John’s Medical Centre Board to be responsible for the administra-
tion, management and organisation of the hospital in an efficient manner, and for connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title and commencement.

(1) This Act may be cited as the Mount St. John’s Medical Centre Act, 2009.

(2) This Act shall come into force on such day or days as the Minister may appoint by Notice in the
Gazette.

(3) A Notice under subsection (2) may appoint different days for different provisions or for different
purposes of the same provision.

2. Interpretation.

In this Act, unless the context otherwise requires—

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 5

“Board” means the Mount St. John’s Medical Centre Board established under section 3;

“Chief Executive Officer” means the person appointed to be Chief Executive Officer under
section 11;

“Director of Finance” means the person appointed to be Director of Finance under section 11;

“fees” includes any fees or charges prescribed to be paid by patients in the hospital, whether in-
patients or out-patients, for treatment, nursing, accommodation, attendance, food, dressings,
drugs, medicines or other supplies or services of whatever kind rendered to each patient by the
hospital, but does not include fees payable to members of the medical staff who are not officers
or servants of the Board;

“financial year” means the financial year of the Board as defined in section 21(3);

“funds” includes monies, stocks, shares and other securities;

“hospital” means the institution known as the “Mount St. John’s Medical Centre” and any
premises which may be declared by the Minister by Notice published in the Gazette, to be part
of the hospital;

“medical staff” means the medical practitioners appointed under section 13 to practise their
professions in the hospital;

“Minister” means the Minister responsible for health;

“premises” includes messuages, buildings, lands, easements and hereditaments of any
tenure;

“public officer” has the same meaning as in section 127 of the Antigua and Barbuda Constitu-
tion Order, 1981; and

“Secretary” means the Secretary of the Board appointed under section 11(2)(a).

3. Establishment of the Mount St. John’s Medical Centre Board.

(1) There is established a Board to be known as the Mount St. John’s Medical Centre Board having
the powers and duties conferred upon it by this Act and in which all funds for the management of the
hospital shall be vested.

(2) The Board established under subsection (1) shall be a body corporate with perpetual succes-
sion and a common seal and capable of suing and being sued in its corporate name.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 20096

(3) Subject to the provisions of this Act the Board shall have the power to acquire, hold and
dispose of movable and immovable property of any kind, to enter into contracts, to do or perform all
such acts that bodies corporate may by law do or perform, and to exercise the powers and privileges
and incur the liabilities and obligations of a natural person of full age and capacity.

(4) The seal of the Board shall be kept in the custody of the Secretary at all times and shall not be
affixed to any instrument except by the authority of a resolution of the Board; and the sealing of any
instrument shall be authenticated by the Chairman or the Deputy Chairman of the Board and the
Secretary.

(5) All documents executed by or on behalf of the Board, other than those required by law to be
under seal, and all decisions of the Board may be signed under the hand of the Chairman or the
Secretary.

4. Composition of the Board.

(1) The Board shall consist of—

(a) a Chairman, a Deputy Chairman and six other members, appointed, subject to subsection
(3), by the Minister in writing; and

(b) ex officio—

(i) the Chief Medical Officer; and

(ii) the Superintendent of the Medical Benefit Scheme,

neither of whom shall be eligible to be appointed to act as Chairman or Deputy Chairman during their
ex officio appointment.

(2) Subject to subsection (11) a member of the Board shall hold office for a period of not less than
three nor more than five years from the date of his appointment, and shall be eligible for re-appoint-
ment.

(3) The members of the Board (including the Chairman and the Deputy Chairman) appointed by the
Minister under subsection (1)—

(a) shall, so far as possible, include persons who have either a recognised qualification in, or
at least ten years’ experience in, at least one of the disciplines listed in subsection (4); and

(b) shall not by virtue of their appointment be public officers.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 7

(4) The disciplines mentioned in subsection (3)(a) are—

(a) medicine;

(b) finance;

(c) nursing;

(d) hospital administration;

(e) public health; and

(f) public administration.

(5) A member of the Board, other than the Chairman, may at any time resign his office by instrument
in writing addressed to the Minister and transmitted through the Chairman.

(6) The Chairman may at any time resign his office by instrument in writing addressed to the
Minister.

(7) The Minister shall cause the names of the members of the Board as first constituted and any
changes in membership to be published in the Gazette and in at least one newspaper circulating in
Antigua and Barbuda.

(8) Each member of the Board shall make and subscribe an oath before the Governor-General that
he will faithfully and to the best of his ability, discharge the trust and perform the duties devolving
upon him as such member of the Board.

(9) The Minister may, on the written application of a member of the Board, grant him leave of
absence.

(10) The members of the Board shall be paid such remuneration as may be determined by the
Cabinet.

(11) The Minister may at any time, after prior consultation with the Chairman, revoke the appoint-
ment of a member of the Board if—

(a) the member is permanently incapable for any reason of performing his functions as a
member;

(b) the member has been absent from meetings of the Board for three consecutive meetings,
other than by reason of leave of absence granted under subsection (9);

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 20098

(c) the member fails to disclose his interest in accordance with section 6;

(d) the member is an undischarged bankrupt

(e) the member has neglected his duties or has engaged in misconduct; or

(f) the member has been convicted of an indictable offence.

(12) The Minister may, at any time, revoke the appointment of the Chairman or the Deputy Chair-
man on any of the grounds specified in subsection (11).

(13) A member of the Board shall not be liable in damages for anything done or omitted in the
discharge or purported discharge of any function under, or authorised by or under, this Act or any
other enactment unless it is shown that the act or omission was in bad faith.

5. Meetings of the Board.

(1) The Board shall meet at least ten times in any one year.

(2) The Chairman may at any time convene a special meeting of the Board and shall do so if
requested to do so in writing by at least three members.

(3) Meetings of the Board shall be held at the place, day, and time the Chairman, or three other
members of the Board acting together, determine, and due notice of the place, day and time shall be
given to each member in writing at least twenty-four hours before the time the meeting is to be held.

(4) At every meeting of the Board the Chairman or in the absence of the Chairman, the Deputy
Chairman shall preside and in the absence of both the Chairman and the Deputy Chairman the mem-
bers present shall elect a member to preside at the meeting.

(5) The quorum for meetings of the Board shall be five members, and if a quorum is present, the
Board shall not be disqualified for the transaction of business by reason of a vacancy among its
members.

(6) The decisions of the Board shall be by a majority of votes, and in the event of an equality of
votes, the person presiding at the meeting shall have a casting vote.

(7) Minutes of each meeting and all transactions of the Board shall be recorded by the Secretary
and shall be confirmed by the Board at its next meeting and signed by the Chairman or Deputy
Chairman.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 9

(8) A copy of the minutes of each Board meeting shall be forwarded to the Minister within five days
following confirmation by the Board and signature by the Chairman or Deputy Chairman.

(9) The Board may appoint one or more committees—

(a) to inquire into and advise the Board on such matters within the scope of the Board’s
functions as the Board may refer to it; and

(b) to exercise such of the powers and perform such of the functions and duties of the Board
as the Board may delegate to it,

(10) A committee appointed under subsection (9)—

(a) may include a minority of non-board members, appointed by the Board or co-opted by the
committee, who have the specialist knowledge and expertise to advise the committee on
the issues referred to it; and

(b) shall report only to the Board.

(11) Either the Board or a committee appointed under subsection (9) may require any officer or
employee of the Board to attend any meeting of the Board or committee and to bring to that meeting
any specified document or information.

(12) Subject to the provisions of this Act, the Board may regulate its own procedure for
meetings.

6. Declaration of interests

(1) If a member of the Board has any pecuniary interest, direct or indirect, in any contract, proposed
contract, licence or other matter and is present at a meeting of the Board or of any of the Committees
of the Board at which the contract, proposed contract, licence or other matter is the subject of
consideration, he shall at the meeting and as soon as practicable after its commencement disclose the
fact and shall not take part in the consideration or discussion of the contract, proposed contract,
licence or other matter or vote on any question with respect to it and shall be excluded from the
meeting for the duration of the consideration, discussion and voting procedure.

(2) If any person fails to comply with the provisions of subsection (1) he commits an offence and
is liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not
exceeding 2 years, or to both, unless he proves that he did not know that the contract, proposed
contract, licence or other matter in which he had a pecuniary interest was the subject of consideration
at that meeting.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200910

(3) A disclosure under subsection (1) shall be recorded in the minutes of the Board.

(4)No act or proceeding of the Board shall be questioned on the ground that a member of the Board
has contravened this section.

7. Pecuniary interests for the purposes of section 6

(1) For the purposes of section 6, a member of the Board shall be treated, subject to the following
provisions of this section and to section 8, as having indirectly a pecuniary interest in a contract,
proposed contract, licence or other matter if—

(a) he or any nominee of his is a member of a company or other body with which the contract
was made or is proposed to be made or which has a direct pecuniary interest in the licence
or other matter under consideration;

(b) he is a partner, or is in the employment of a person with whom the contract was made or is
proposed to be made, or who has a direct pecuniary interest in the licence or other matter
under consideration; or

(c) he, or any partner of his is a professional adviser to a person who has a direct or indirect
pecuniary interest in a contract, proposed contract, licence or other matter.

(2) Subsection (1) does not apply to membership of or employment under any public body.

(3) In the case of married persons the interest of one spouse shall be deemed for the purpose of
section 6 to be also the interest of the other.

8. Removal or exclusion of disability, etc.

(1) Section 6 does not apply to an interest in a contract, proposed contract, licence or other matter
which a member of the Board has as a member of the public or to an interest in any matter relating to
the terms on which the right to participate in any service is offered to the public.

(2) Where a member of the Board has an indirect pecuniary interest in a contract, proposed con-
tract, licence or other matter by reason only of a beneficial interest in securities of a company or other
body, and the nominal value of those securities does not exceed $10,000 or one-thousandth of the
total nominal value of the issued share capital of the company or other body, whichever is the less,
and if the share capital is of more than one class, the total nominal value of shares of any one class in
which he has a beneficial interest does not exceed one-thousandth of the total issued share capital of
that class, section 6 shall not prohibit him from taking part in the consideration or discussion of the
contract, proposed contract, licence or other matter or from voting on any question with respect to it,
without prejudice, however, to his duty to disclose his interest.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 11

9. Functions and duties of the Board.

(1) The Board shall be responsible for the overall organisation and management of the hospital to
the standards of the Joint Commission International, or to the standards of such other international health
care accreditation agency as may be specified by the Minister in Regulations made under this Act.

(2) The Board shall consider and advise upon all matters which may from time to time be referred to
it by the Minister and shall provide the Minister with such information as he may reasonably require
relating to the administration of this Act.

(3) The Board shall—

(a) administer the hospital generally in an efficient manner to promote the welfare of the
patients of the hospital;

(b) make available at the hospital modern methods of treatment of the sick and infirm;

(c) co-ordinate the administration and operation of the hospital;

(d) make recommendations to the Minister on the development of the hospital and the hos-
pital service in Antigua and Barbuda;

(e) establish and determine the duties of its Committees;

(f) establish a secretariat for the purposes of the Board and its committees; and

(g) determine, subject to sections 11 and 12 the duties of its officers.

10. Policy directions by Minister and daily management of the Hospital.

(1) The Minister may give general directions as to the policy to be followed by the Board in the
performance of its functions as appear to the Minister to be necessary in the public interest, and the
Board shall give effect to those directions.

(2) The Minister shall not direct the Board, its officers, servants or agents on the manner in which
it manages the daily operation of the hospital.

11. Appointment of Chief Executive Oficer and Director of Finance, Senior Management Personnel
and Management Company.

(1) The Board may appoint at such remuneration, and on such terms and conditions as it considers
appropriate, a Chief Executive Officer who shall be a full-time officer of the Board and the principal
executive officer of the Board.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200912

(2) Subject to subsection (5), the Board shall appoint at such remuneration, and on such terms and
conditions as it considers appropriate —

(a) a Secretary, who may be a full-time employee of the Board; and

(b) a Director of Finance who shall be a full-time officer of the Board and be responsible to the
Board through the Chief Executive Officer for the efficient management of the financial
administration of the hospital.

(3) The Board may appoint at such remuneration, and on such terms and conditions as it considers
appropriate, other senior management personnel to administer the operations of the hospital.

(4) The Board may appoint at such remuneration, and on such terms and conditions as it considers
appropriate, a professionally qualified and experienced management company instead of a Chief
Executive Officer to carry out such management, financial and other services as it considers neces-
sary to operate the hospital in an efficient and business-like manner.

(5) Notwithstanding subsection (2), if a management company is appointed in accordance with
subsection (4) to be responsible for the financial administration of the hospital the Board shall not
appoint or continue to employ a Director of Finance,

12. Appointment of Medical Director.

(1) The Board shall appoint, at such remuneration, and on such terms and conditions as it consid-
ers appropriate, a Medical Director for the hospital, who shall be a medical practitioner registered
under the Medical Practitioners Act 2009 and may or may not be a full-time officer of the Board.

(2) The Medical Director shall be responsible to the Board through the Chief Executive Officer for
the supervision of the medical and dental care given to all patients of the hospital in accordance with
the policies established by the Board.

(3) The Medical Director shall be Chairman of the Medical Executive Committee at the hospital.

13. Appointment of medical and other staff.

(1) The Board may, after consultation with the Medical Executive Committee and on the terms and
conditions approved by the Board, appoint medical staff for the hospital, but a person appointed to
the medical staff shall not by reason only of that appointment be an officer, servant or agent of the
Board.

(2) Subject to subsection (3) a person appointed to the medical staff shall hold office for a period of
not more than five years and shall be eligible for reappointment.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 13

(3) The Board may revoke the appointment of a person to the medical staff for good cause (includ-
ing any breach of the rules of the Board).

(4) The Board may appoint such other employees, either full-time or part-time, and engage under
contract for services such professional, technical or other assistance as it considers necessary to
carry out its functions.

(5) Any person who is employed as a full-time employee of the Board shall not, except with the
permission of the Board, practice any profession or engage in any trade or business or take any
employment for gain, otherwise than in the pursuance of the duties of his office.

14. Pension Scheme

(1) The Board may provide a pension scheme for its employees by—

(a) establishing a separate scheme for its employees only;

(b) entering into arrangements with the Government to admit the Board’s employees into a
pension scheme maintained by the Government, whether under the Pensions Act (Cap.
311), the Pension (Non-established Government Employees) Act, (Cap. 310) or otherwise;

(c) entering into arrangements with another employer to admit the Board’s employees into a
pension scheme established by that employer; or

(d) entering into arrangements with an insurance company or other similar financial institu-
tion for the provision of a pension scheme for the Board’s employees.

(2) In subsection (1) “employee” means a person working for the Board under a contract of service.

(3) A pension scheme established under subsection (1)(a) shall be established in accordance with
regulations made under section 30.

15. Clinical departments and services.

(1) The Board may, after consultation with the Medical Executive Committee, establish and main-
tain such clinical departments or services as it considers necessary for the proper operation of the
hospital and without prejudice to the generality of the foregoing, shall establish and maintain at the
hospital the following departments or services—

(a) Medical;

(b) Surgical;

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200914

(c) Obstetrics and gynaecology;

(d) Paediatrics;

(e) Emergency medicine;

(f) Diagnostic medicine; and

(g) Anaesthesiology.

(2) The Board may, after consultation with the Medical Executive Committee and the Chief Execu-
tive Officer, appoint a member of the medical staff to be the head of any department or service
established under subsection (1).

16. Medical Executive Committee.

There shall be established a Medical Executive Committee for the hospital which shall be a standing
committee and the composition, procedure and functions of the Medical Executive Committee shall be
as prescribed by Regulations made under section 30.

17. Financial provisions.

The funds and resources of the Board shall consist of—

(a) fees and other charges for hospital services;

(b) monies received by the Board by way of rents, subsidies, interest and other income
derived from the investment of the Board’s funds;

(c) monies borrowed by the Board under section 18 for the purpose of carrying out its
functions under this Act;

(d) monies or other property real or personal received by way of grants, gifts or bequests
given to the hospital or to the Government for the purposes of the hospital; and

(e) monies appropriated by the Legislature for the purposes of the hospital or the Board.

18. Borrowing powers.

(1) The Board may, after consultation with the Minister and subject to subsection (2), borrow
monies required by it for the purpose of carrying out its functions under this Act.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 15

(2) The Minister of Finance shall approve in advance the amount to be borrowed, the source of the
borrowing and the terms on which the borrowing is to be effected and his approval may be either
general or limited to the particular borrowing and may be either conditional or unconditional.

19. Investment.

(1) The Board may invest monies in securities to be determined by the Board and the investments
shall include funds that are given or bequeathed for the benefit of the hospital.

(2) The Board may realise any funds that have been invested provided that any funds realised that
were given or bequeathed for the benefit of the hospital shall as soon as practicable or expedient be
re-invested by the Board.

(3) Funds received by the Board that are in an investment may be retained by the Board in that
investment.

20. Bank accounts.

(1) The Board shall open and maintain such bank accounts as are necessary for the performance of
its functions.

(2) The Board shall ensure that all money received by or on behalf of the Board is banked as soon
as possible after being received.

(3) The Board shall ensure that no money is withdrawn or paid out of any of its bank accounts
without the Board’s authority.

21. Accounts of the Board.

(1) The Board shall cause proper accounts of its financial affairs to be maintained.

(2) Without prejudice to the generality of subsection (1) the Minister may give general or special
directions with respect to the accounting procedures of the Board and the Board shall act in accor-
dance with those directions.

(3) For the purposes of this Act, the financial year of the Board shall end on the date the Board, with
the approval of the Minister, may determine.

22. Audit of accounts.

(1) The accounts of the Board shall be prepared in the form and at the time the Minister from time
to time may direct, and shall be audited annually by the Director of Audit or a person appointed by the
Board.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200916

(2) The Board shall grant to the Director of Audit or the auditor appointed under subsection (1) to
audit the accounts, access to all books, documents, cash and securities of the Board and shall give to
him on request any information in relation to the operations of the Board.

(3) The Board shall submit to the Minister every account, certified by the Director of Audit or the
auditor appointed under subsection (1) to audit the accounts, within thirty days of the date of the
certificate.

(4) The Minister shall, as soon as possible after receipt of an account in accordance with subsec-
tion (3) lay a copy of the account before the House.

23. Inspection of premises of and standards at the hospital.

(1) An officer in or a contractor of the ministry of health authorised by the Permanent Secretary of
that ministry in that behalf may, at all reasonable times, enter into all premises within the control and
management of the Board with or without technical advisers and inspect the services provided by the
Board and the safety and standards thereof, and shall report to the Minister the result of that inspec-
tion, and the Minister shall immediately forward a copy of each report to the Board.

(2) At the request of the Minister, an oficer in or a contractor of the ministry responsible for public
works authorised by the Permanent Secretary of that ministry in that behalf, may at all reasonable
times and upon reasonable notice being given to the Board, enter into and inspect all premises with or
without technical advisers within the control and management of the Board, and shall report to the
Minister upon the state of the premises and the Minister shall forward a copy of each report to the
Board.

24. Vesting of certain property, rights and liabilities in the Board.

(1) Mount St. John Medical Centre Limited shall not later than six months after the coming into
force of this Act or after the hospital has been completed, whichever shall be the later, transfer to the
Board such property, both movable and immovable of Mount St. John Medical Centre Limited on such
terms and conditions as Mount St. John Medical Centre Limited and the Board may agree.

(2) The benefits and liabilities of any contract for or in connection with Mount St. John Medical
Centre Limited and facilities to which the Board is a party (including debts and debt servicing, the
right to recover and receive all monies due and payable to Mount St. John Medical Centre Limited)
and which subsist or are in force immediately before the coming into force of this Act shall be
transferred at a date to be determined by the Board of Mount St. John Medical Centre Limited and
published by notice in the Gazette from Mount St. John Medical Centre Limited to the Board.

(3) Any proceedings upon any contract, agreement, deed, bond or other instrument to which
reference is made in subsection (2) which are pending immediately before the coming into force of this

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 17

Act and to which Mount St. John Medical Centre Limited was a party shall in accordance with the
provisions of subsection (2) continue as if the Board was a party thereto in lieu of Mount St. John
Medical Centre Limited.

(4) No immovable property vested in the Board under subsection (1) shall be divested without first
obtaining the written approval of the Cabinet.

25. Annual Report

(1) The Board shall, not later than ninety days after the end of each financial year, make and
transmit to the Minister a report dealing generally with the activities of the Board during the preceding
financial year.

(2) The Minister shall, as soon as practicable but not later than sixty days after the receipt of the
report, cause a copy of the report to be laid on the table of the House of Representatives together with
a copy of the audited accounts which relate to the financial year covered by the report.

26. Ministerial approvals

Where requests for approvals have been submitted in writing by the Board through its Chairman,
Deputy Chairman or Secretary to—

(a) the Minister pursuant to section 21(3); or

(b) the Minister of Finance pursuant to section 18(2),

the Minister to whom such request has been made shall inform the Board in writing of his decision
within one month of the Minister’s receipt of the Board’s request for approval.

27. Exemption from tax, customs duties and other duties

The Board shall be exempt from the payment of—

(a) taxes imposed by or under any Act;

(b) stamp duty chargeable in respect of any instrument by or on behalf or in favour of the
Board in cases where, but for this exemption, the Board would be liable to pay the duty
chargeable in respect of such instrument; and

(c) customs duties and other duties on all plant, machinery, appliances, equipment and mate-
rials for every kind whatsoever imported into Antigua and Barbuda by the Board for the
purpose of carrying out its functions under this Act.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200918

28. Repeals

The Antigua and Barbuda Hospitals Board Act, 1999 is repealed.

29. Transitional provisions

(1) Every person who, at the coming into force of this Act is a public officer at Holberton Hospital
(except those persons employed in the performance of the catering and housekeeping functions) shall
be seconded by the Government to the service of the Board.

(2) A person who is seconded by the Government to the service of the Board under subsection (1)
shall in relation to pension, gratuity, other allowances and any rights or obligations as a public officer
be treated as continuing in the service of the Government.

(3) The sums payable by Government as employer and employee contributions respectively under
the Social Security Act (Cap. 408), the Medical Benefits Act (Cap. 271) and the Board of Education Act,
1994, in respect of such public officers as are seconded to the service of the Board under subsection
(1) shall at the end of every month after the commencement of this Act be paid into the Consolidated
Fund by the Board and such sums shall be paid by Government immediately on receipt into the
appropriate funds established under the Social Security Act (Cap. 408), the Medical Benefits Act (Cap.
271) and the Board of Education Act, 1994.

(4) The Government and the Board may enter into an agreement whereby the sums mentioned in
subsection (3) may be paid directly by the Board on behalf of the Government into the appropriate
funds established under the Social Security Act (Cap. 408), the Medical Benefits Act (Cap. 271) and
the Board of Education Act, 1994.

(5) The Board shall, within three months after the end of each financial year, pay to the Government
in respect of such public officers as are seconded to the service of the Board under subsection (1)
such sum or sums of money as a contribution to the pension and other rights of such public officers
under The Pensions (Non-Established Government Employees) Act, Cap 310 and The Pensions Act,
Cap 311 as would have been due by Government in respect of the accruing pension and other rights
of such public officers under the respective Acts.

(6) The Board may, as an alternative to making payments under subsection (5), and following
agreement with the Government, establish under Regulations made under section 30 a fund to be
maintained by Trustees in accordance with such regulations into which the Board shall pay the
contributions mentioned in subsection (5) for the payment of the accruing pension and other rights of
such public officers.

(7) The Minister may by regulations made under this section provide for such further transitional,
consequential and saving provisions to have effect in connection with the coming into operation of
any provision of this Act as are necessary or expedient.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 19

(8) Regulations made under subsection (7) may be given retrospective operation to a day not
earlier than the day this Act comes into force.

(9) Subsections (7) and (8) shall expire one year after they come into force.

(10) Regulations made under subsections (7) and (8) may make modifications to this Act or to any
other enactment.

(11) Regulations made under subsections (7) and (8) shall be subject to affirmative resolution of the
legislature.

30. Power to make regulations.

(1) The Minister may, after consultation with the Board, by regulations make provision for the
purpose of carrying this Act into efect and for the better carrying out of the objects and purposes of
this Act, and, in particular, but without prejudice to the generality of the foregoing—

(a) prescribing or enabling the prescription of the sums to be charged by way of hospital
fees;

(b) prescribing anything which may be or is to be prescribed under this Act;

(c) prescribing professional and other qualifications required by officers of the Board;

(d) prescribing the conditions under which medical and other practitioners shall be admitted
to the hospital to practise their professions;

(e) prescribing the conditions under which students shall be admitted to the hospital to
study their profession;

(f) prescribing the duties to be performed by the various officers and Committees of the
Board;

(g) prescribing the composition, procedure and functions of the Medical Executive Commit-
tee;

(h) prescribing the terms and conditions of any pension scheme established by the Board
under section 14;

(i) establishing a trust in accordance with section 29(6); and

(j) generally for the purpose of giving eff ct to this Act.

The Mount St. John’s Medical Centre Act, 2009. No. 2 of 200920

(2) Subject to section 29(11), regulations made under this Act shall be subject to negative resolu-
tion of the House.

(3) Regulations under this Act may—

(a) make different provision in relation to different cases or circumstances;

(b) apply in respect of particular persons or particular cases or particular classes of persons
or particular classes of cases, and define a class by reference to any circumstances
whatsoever; and

(c) contain such transitional, consequential, incidental or supplementary provisions as ap-
pear to the Minister to be necessary or expedient for the purposes of the regulations.

(4) Regulations made under this Act may create an offence punishable by a fine not exceeding
$25,000.

31. Power to make rules.

(1) The Board may make hospital rules—

(a) governing the professional conduct of the medical staff;

(b) as to investigations into allegations of misconduct by the medical or other staff;

(c) as to the disciplinary action that may be taken following a finding of misconduct;

(d) to establish and institute policies for the efficiency, good order and management of the
hospital; and

(e) to make provision for—

(i) the admission and discharge of patients, patients identification and protection of
the rights of patients;

(ii) the conduct and control of patients;

(iii) the conduct of visitors; and

(iv) the control and supervision of clinical work and the use of the facilities of the
hospital in the course of that work.

The Mount St. John’s Medical Centre Act, 2009.No. 2 of 2009 21

(2) A handbook of the policies and rules of the Board shall be supplied by the Board to medical
practitioners and made available for inspection by other persons on request being made to the Chief
Executive Officer.

Passed the Senate on this 30th day of
January, 2009.

McKenzie Frank,
President.

T. Thomas,
Acting Clerk to the Senate.

Passed the House of Representativeson this
26th day of January, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Acting Clerk to the House of Representatives.

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