PUBLIC HEALTH
THE PUBLIC HEALTH ACT
ARRANGEMENT OF SECTIONS
1 . Short title.
2. Interpretation.
3. Establishment of Central Health Committee.
4. Functions of Central Health Committee.
5. Establishment of Local Boards.
6. Functions of Local Board.
7. Local Board may make regulations.
8. Minister may require investigation of disease.
9. Local Board to furnish reports, figures, etc.
10. Protection of members.
1 1. Appointment and constitution of committee.
12. Power of Minister when Local Board neglects functions.
13. Power of Minister to re-assign functions of Local Board.
14. Minister may make regulations.
15. Penalties in regulations.
16. Minister may give directions in certain circumstances.
17. Publication of regulations.
18. Minister may prohibit assembly of persons.
19. Minister may order closure of public places or schools.
20. Right of entry upon private premises.
21. Recovery of expenses incurred in abating nuisance.
22. Assaulting and abusing officers, and withholding information.
23. Penalties.
23A. Minister may amend monetary penalties.
24. Persons entitled to take proceedings.
25. Cost of actions against Local Board, etc.
26. Prosecutions to be commenced within six months.
27. Reference to owner or occupier in certain proceedings.
28. Proceedings need not be brought against all persons jointly liable.
29. Appeal to Minister.
SCHEDULE
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PUBLIC HEAZ TH
THE PUBLIC HEALTH ACT
Acts
47 of 1974.
20 of 1987.
33 of 1991
S. 22.
36 of 1995
[2l st February. 19885. ] $ff:$;,
7 of 2011
Sch.
1. This Act may be cited as the Public Health-Act. Short title.
2 4 1 ) In this Act, unless the context otherwise requires-
: E z y t a -
"communicable disease'' means any disease due to a spec-
ific infectious agent or its toxic products, which arises
through transmission of that agent or its products from
an infected person or animal to a susceptible person
either directly or indirectly, through'the agency of an
intermediate plant or animal host, a vector or the inani-
mate environment and includes any infectious disease
and any quarantinable disease;
"functions" includes duties and powers;
"Local Board" means the Local Board of Health in respect
. of each parish established under section 5;
"Medical Officer" means any medical practitioner in the
employment of the Government or any Lobal Board;
"Medical Officer (Health)" means any medical practitioner
appointed by the G~vernor~General to be a Medical
. Officer (Health) and shall include the Chief Medical
Officer and any other Medical Officer designated by
the Minister to be a Medical Officer (Health) for the
purposes of this Act;
"medical practitioner" means a medical practitioner regis-
tered in accordance with any enactment for the time
being in force in relation to the registration of medical
practitioners;
"notifiable disease" means any communicable disease
declared by the Minister by order to be a notifiable
disease;
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PUBLIC HEALTH 9
or abatement of any nuisance, the institution of any proceedings,
or the enforcing of any regulation, issue directions in writing for
any act to be done, any proceedings to be instituted or any regu-
lation to be enforced which the Local Board might have done,
instituted or enforced for that purpose, at the expense of that
Local Board.
1 3 . 4 1 ) The Minister may, if he thinks it appropriate to Powerof
Minister to do so, by order published in the Gazette, divest a Local Board re,si,
of all or any of its functions under this Act and vest such func- functions
of Local 'tion or functions in such person or persons as the Minister thinks ,,d,
fit for such period as shall be specified in the order. . .
(2) An order under Subsection (I) ' may contain such
consequential, supplemental or ancillary provisions as appears
to the Minister to be necessary or expedient for the purpose
of giving effect to the order.
1 4 . 4 1 ) The Minister may make regulations generally for Minister
carrying out the provisions and purposes of this Act, and in ~ ~ , ~ ~ ~ s ,
particular, subject to section 7, but without prejudice to the
generality of the foregoing, may make regulations in relation
to-
(a) notifiable and communicable disease, the treatment and
prevention thereof and! the isolation of patients suf-
fering therefrom;
(b) the prevention, mitigation and suppression of disease,
including the disinfection, closing, or destruction of
buildings in which infected persons have lodged or
resided: and the restriction of movement of persons
into and out of infected areas;
(c) vaccinations and inoculations;
(d) air and soil pollution; . . 3611995
3rd Sch
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PUBLIC HEALTH
I
I
!
(e) the collection and publication of epidemiological and
other data pertaining to public health; I
I
I 10 occupational diseases and employment health hazards;
1
(g) the importation, preparation, and distribution of food
or drink intended for human consumption, in so far as
it concerns public health;
. . !
i (h) the inspection and prevention from contamination of
food and drink intended for human consumption, the
I
analysing and testing of samples of such food and drink
by an official analyst, the issuing ofi certificates in
relation thereto, and the condemnation, seizure and dis-
. posal of such articles as are unfit fo; human consump-
I tion;
t ti) the control and destruction of rodents, mosquitoes and
..i
other insects, termites, and other vermin;
, ( j ) prescribing any fees in respect of anb examination,
certificate, licence or other matter under this Act;
I
(k) prescribing any forms for the purposes of this Act;
( I ) presdribing any other matter or anything which may
be, or is required by this Act to be prescribed'by the
Minister. , ?
(2) Regulations made under subsection (13 may be made
applicable to the entire Island or such part thereof as may be
specified therein.
Penalties in 15. Notwithstanding the provisions of section 29 of the
regulations Interpretation Act, regulations made under this 'Act may pres-
a
cribe :greater penalties than those specified in the said section
29, so, however, that the maximum penalty that may be imposed
7/20 1 1 shall be a fine of one million dollars or imprisonment with hard
Sch. labour for twelve months.
I
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PUBLIC HEALTH 1 1
16;-(1) Where the Central Health Committee or Local Minister
Board report to the Minister- may give directions in
certain cir- (a) existence of any local condition in any part of the cum,t,ces,
Island tending to endanger public health, and there are
no powers under any law other than this section
whereby such condition may be removed or guarded
against; or
(b) that any part of the Island appears to be threatened
with or affected by any communicable disease in
epidemic proportions, and that measures apart from, or
in addition to, those specifically provided for in this
Act, should be taken promptly,
the Minister may by order direct the enforcement of any
measures recommended by the Central Health Committee or by
a Local Board, as the case may be, or any other measures that he
thinks expedient for removing or otherwise guarding against any .
such condition and the probable consequences thereof,
or for preventing or mitigating as far as possible, any such
disease.
(2) Any order made under this section may extend to
the whole Island or to such part thereof or to such particular
places as may be specified therein.
(3) A copy of every order made under this section shall
be posted in a conspicuous place at every police station and post
office in the Island.
(4) Any person who contravenes the provisions of any
order made under this section shall be guilty of ah offence under
this Act.
17. An order or regulation made in relation to any corn- Publication
municable disease shall not have effect until it is- of regula- tions.
(a) gazetted; or
(b) published in such other manner as the Minister may in
any particular case determine,
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I I
12 PUBLIC HEALTH
Minister may
prohibit
assembly of
persons.
7ROl l
Sch.
so, however, that where the order or regulation is published
pursuant to paragraph (b) and comes into force, alnotification in
accordance with section 60 of the Interpretation Act shall be
made in the Gazette as soon as possible. 1
1 8 . 4 1 ) Where there is prevalent in the ~sland, or in any
pmart thereof any communicable disease in epidemic proportions,
the Minister may, by order published in the Gazette, prohibit
the assembly of persons exceeding such number as may be pres-
cribed in that order at any place specified therein, and such
prohibition may be made applicable to the ,whole Island
or to any part thereof. 1
i ' (2) Every person who is present at, or Jromotes, aids,
or asiists in the promotion of any assembly prohibited under
subsection (1) shall be liable on summary codviction before
a Resident Magistrate to a penalty of two hundred and fifty *
thousand dollars and in default of payment, to imprison-
ment for a term not exceeding three months.
!
(3) Any constable may require any assembly prohi-
bited under subsection (1) to disperse, and any person who fails
to obey such requirement shall be liable on summary conviction
71201 I before-a Resident Magistrate to a penalty*of two hundred and
Sch. fifty thousand dollars and in default of payment, to imprison-
ment for a term not exceeding three months.
Mlnisterrnay 1 9 . 4 1 ) Where there is prevalent in the 1slhd or in any
order closure
of public part thereof, any communicable disease in epidemic propor-
p ~ r a o r tions, and the Minister is satisfied that it is in the interest
schools. of pbblic health to do so, he may by order published in the
~ a z e t t e , *direct that any public place or any kchool in the
Island, or in the area in which such disease is prevalent, shall
be closed for such period as he thinks necessary.
a
,
(2) Any person who fails to comply with any order
made under subsection ( I ) , shall be liable !on summary
conviction before ' a Resident Magistrate to a fine not exceeding
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PUBLIC HEALTH 13
five hundred thousand dollars and in default of payment to 712011
imprisonment for a term not exceeding six months. Sch.
(3) Where a person is convicted of a second or subse- 712011
quent offence, that person shall be liable to a penalty not ex- SCh.
ceeding one million dollars, and in default of payment thereof,
to imprisonment for a period not exceeding twelve months.
2 0 . 4 1 ) A Medical Officer (Health) or any other person Rightof
authorized in writing in that behalf by the Minister or by a
Local Board, or by the Medical Officer (Health) may at all premises.
reasonable times enter any premises for the purpose of ensuring
compliance with the provisions of this Act, or any regulations
made hereunder and shall, if required to do so by the person
in charge of the premises, produce his authority for so '
entering to such person.
(2) Where a Medical Officer (Health) is satisfied that it
is necessary in the interest of public health so to do, he may
by himself or by some other person duly authorized by him
in that behalf, enter any premises with or without the consent
of the owner or occupier, and take such action as he may
consider necessary in the interest of public health.
2 1 . 4 1 ) All expenses incurred by a local Board in abat- Recovery
of expenses ing a nuisance may be recovered by that Local Board from incurred
the person by whose act or sufferance the nuisance was inabatinga
caused. nuisance.
(2) Any expenses recoverable pursuant to this Act
or any regulations made hereunder by a Local Board from
an owner of premises may be recovered from the occupier for
the time being of such premises, and that occupier shall be
entitled to deduct any sum paid by him in respect of such
expenses, and in respect of the costs of the recovery thereof,
out of the rent from time to time becoming due in respect of
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C
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14 PUBLIC HEAL TH
the premises, as if the same had been actually paid to the owner
as part of the rent:
i
Provided that- .
(a) the occupier shall not be so required to pay any
further sum than the amount of rent which either is
for the, time being due from him, or, which after
, demand from him of such expenses and notice not to
pay any rent without first deducting the same, becomes
payable by him, unless he refuses, on the application
of the Local Board truly to disclose'the amount of his
rent and the name and address of the person to whom
' such rent is payable; but the burden of proof that the
' sum demanded from any such occupier is greater than
the aforesaid amount of rent shall be on such occupier;
h d
(b) nothing in this section shall affect any contract
between any owner and qccupier of any premises
whereby the occupier agrees tb pay or discharge all
rates, dues and sums .of money 'payable in respect of
!
such premises or shall affect any contract whatsoever
between landlord and tenant.
(3) Where the owner of the premises concerned is ab-
sent from the Island or from the district in which the premises
are situated, or is not known or cannot be found, the Local
Bohd having jurisdiction over the area in which the premises
concerned are situated shall have power, in addition to any other
powers given under this Act for the recovery of expenses
incurred in carrying out any of the purposes of this Act, to do
the following-
1 1 (a) after the expiration of four months after the nuisance
has been abated to cause the premises concerned to
be sold at auction after due advertisemenj in the
Gazette of such intended sale;
(b) to receive the proceeds of any such sale and
after deducting the expenses incurred as authorized
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PUBLIC HEALTH 15
under this Act and of the deed conveying the same, to
pay the residue thereof (if any) to the Accountant-
General there to remain without interest until paid out
pursuant to the provisions of paragraph (c);
(c) to withdraw from the ~ccountant-~kneral such residue
and to pay the same to any person whom the Crown
Solicitor shall certify to be entitled -thereto, so,
however, that any payment made pursuant to any such
certificate shall absolve that Local ~oat 'd from any
further liability for the sum so paid, but shall not
prejudice the right of any person who shall prove his
right or title thereto' in a court of competent juris-
diction to recover the same fromethe person to whom
payment was made or from his legal representative;
and
(d) to execute a deed transferring the said premises to the
purchaser thereof, which deed shall be under the com-
mon seal of that-Local Board affixed by the chairman
of that Board -in the presence of two members of that
Board and shall absolutely vest the said land in the
purchaser.
22. Every person who-. Assaulting
and abusing
officers. and
(a) assaults or obstructs any ~ed ica l ' o f f i c~ r (Health) or w~thholding
any other duly authorized person acting in the exe- information.
cution of his duty under this Act; or
(b) fails to furnish any information required from him in
accordance with the provisions of this Act, or know-
ingly furnishes false information,
shall be guilty of an offence and be liable on summary convic-
tion before a Resident Magistrate, to a fine not exceeding one 7t20ll
million dollars or to imprisonment for a term not exceeding SCh.
twelve months.
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Penalty
for breach
where no
specific
penalty is
provided.
7ROl l
Sch.
Minister
may amend
monetary
penalties.
7ROl l
Sch.
Persons en-
titled to take
proceedings.
Cost of
actions against
Local Board,
etc.
Prosecutions
to be com-
menced
within six
months. .,
PUBLIC HEALTH
I
I
23. Every person who commits an offence inder this Act
or any regulations hereunder for which no specific penalty is
provided shall be liable on summary conviction defore a Resi-
dent Magistrate-
(a) in the case of a first offence, to a fine k t exceeding
I
two hundred and fifty thousand dollars and in default .
I of payment of the fine, to imprisonment kor a term not
I
I exceeding three months; and i
(6) in the case of a second or subseqLent offknce, to a fine
not exceeding five hundred thousand dollars or to im-
prisonment for a term not exceeding six
' both such fine and imprisonment.
123A. The Minister may, by order subject to affirmative reso-
lution, h e n d the monetary penalties specified in t4is Act.
241 Proceedings against any person for an offence against
this ~ c t and for the recovery of any penalties upder this Act
or 1 any I regulations made thereunder may be instituted by any
person 'authorized in that behalf by the Minister or Local Board,
as the case may be, and such authorized person may prosecute
or conduct such proceedings. I
1 25.41) In any action, suit, prosecution or! other legal
proceedings brought against a Local Board, or any person, in
respect o f any act done in pursuance or executiod or intended
execution of-the provisions of this Act, the plaintiff shall not
I recpver unlesskhe alleges in his pleading'aridkprovqs*at he trial,
that such act was done either maliciously or without reasonable
and probable cause.
(2) Any damages or costs recovered in any such
action, suit, prosecution or legal*proceedings brought against a
Local Board or any person aforesaid, *and the costs of the
defendant as between solicitor and client, shall be p+id out of the
Consolidated Fund. 11
I
26. ~ l l prosecutions for offences ag8ihst -&is~-~ef%ir q y
re&lations made thereunder shall be commenced wrihin six cd-
endar months next after the commission of such off4nce.
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12 PUBLIC HEALTH
so, however, that where the order or regulation is published
pursuant to paragraph (b) and comes into force, a notifica-
tion in accordance with section 60 of the Interpretation Act
shall be made in the Gazette as soon as possible.
Minister lS.-(l) Where there is prevalent in the Island, or in any
bit assembly part thereof any communicable disease in epidemic propor- may prohi-
of persons.
221 19% s. 3.
221 1996
s. 3.
Minister
may order
closure
of public
places or
schools.
tions, the Minister may, by order published in the Gazette,
prohibit the assembly of persons exceeding such number as
may be prescribed in that order at any place specified there-
in, and such prohibition may be made applicable to the
whole Island or to any part thereof.
(2) Every person who is present at, or promotes,
aids, or assists in the promotion of any assembly prohibited
under subsection (1) shall be liable on summary conviction
before a Resident Magistrate to a penalty of two thousand
five hundred dollars and in default of payment, to imprison-
ment for a term not exceeding three months.
(3) Any constable may require any assembly
prohibited under subsection (1) to disperse, and any person
who fails to obey such requirement shall be liable on sum-
mary conviction before a Resident Magistrate to a penalty
of two thousand five hundred dollars and in defaul't of
payment, to imprisonment for a term not exceeding three
months.
19.-(1) Where there is prevalent in the Island or in any
part thereof, any communicable disease in epidemic propor-
tions, and the Minister is satisfied that it is in the interest
of public health to do so, he may by order published in the
Gazette. direct that any public place or any school in the
Island, or in the area in which such disease is prevalent, shall
be closed for such period as he thinks necessary.
(2) Any person who fails to comply with any order
made under subsection (l), shall be liable on summary con-
viction before a Resident Magistrate to a fine not exceeding
me inclusion of this page is authorized by L.N. %/1998]
PUBLIC HEALTH 13
fifty thousand dollars and in default of payment to imprison- 2211996
ment for a term not exceeding six months.
(3) Where an offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
twelve thousand five hundred dollars for every day for which 22/1996
the offence continues after conviction, and in default of
payment, to imprisonment for a period not exceeding six
months.
S. 4(a).
S. 4( bXiHii).
20.-(1) A Medical Officer (Health) or any other person :if$,$,
authorized in writing in that behalf by the Minister or by a privap
reasonable times enter any premises for the purpose of en-
suring compliance with the provisions of this Act, or any
regulations made hereunder and shall, if required to do so
by the person in charge of the premises, produce his
authority for so entering to such person.
(2) Where a Medical Officer (Health) is satisfied that
it is necessary in the interest of public health so to do, he
may by himself or by some other person duly authorized
by him in that behalf, enter any premises with or without
the consent of the owner or occupier, and take such action
as he may consider necessary in the interest of public health.
Local Board, or by the Medical Officer (Health) may at all premises.
2L-41) All expenses incurred by a Local Board in abat- Recovery
ing a nuisance may be recovered by that Local Board from incurred
the person by whose act or sufferance the nuisance was nuisance.
caused.
(2) Any expenses recoverable pursuant to this Act or
any regulations made hereunder by a Local Board from an
owner of premises may be recovered from the occupier for
the time being of such premises, and that occupier shall be
entitled to deduct any sum paid by him in respect of such
expenses, and in respect of the costs of the recovery thereof,
out of the rent from time to time becoming due in respect of
of exwnsea
in abating a
me inclusion of this page is authorized by L.N. %/1998]
14 PUBLIC HEALTH
the premises, as if the same had been actually paid to the
owner as part of the rent :
Provided that-
(a) the occupier shall not be so required to pay any
further sum than the amount of rent which either
is for the time being due from him, or which after
demand from him of such expenses and notice not
to pay any rent without first deducting the same,
becomes payable by him, unless he refuses, on the
application of the Local Board truly to disclose the
amount of his rent and the name and address of
the person to whom such rent is payable; but the
burden of proof that the sum demanded from any
such occupier is greater than the aforesaid amount
of rent shall be on such occupier; and
(6) nothing in this section shall affect any contract
between any owner and occupier of any premises
whereby the occupier agrees to pay or discharge
all rates, dues and sums of money payable in
respect of such premises or shall affect any contract
whatsoever between landlord and tenant.
(3) Where the owner of the premises concerned is
absent from the Island or from the district in which the
premises are situated, or is not known or cannot be found,
the Local Board having jurisdiction over the area in which
the premises concerned are situated shall have power, in
addition to any other powers given under this Act for the
recovery of expenses incurred in carrying out any of the
purposes of this Act, to do the following-
(a) after the expiration of four months after the
nuisance has been abated to cause the premises
concerned to be sold at auction after due adver-
tisement in the Gazetre of such intended sale;
(b) to receive the proceeds of any such sale and after
deducting the expenses incurred as authorized
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PUBLIC HEALTH 15
under this Act and of the deed conveying the same,
10 pay the residue thereof (if any) to the Accountant-
General there to remain without interest until
paid out pursuant to the provisions of paragraph
t 4;
(c) to withdraw from the Accountant-General such
residue and to pay the same to any person whom
the Crown Solicitor shall certify to be entitled
therzto, so, however, that any payment made pur-
suant to any such certificate shall absolve that
Local Board from any further liability for the sum
so paid, but shall not prejudice the right of any
person who shall prove his right or title thereto in
a court of competent jurisdiction to recover the
same from the person to whom payment was made
or from his legal representative; and
(d) to execute a deed transferring the said premises to
the purchaser thereof, which deed shall be under
the common seal of that Local Board affixed by the
chairman of that Board in the presence of two
members of that Board and shall absolutely vest
the said land in the purchaser.
22. Every person who- Assaulting
and abusing
withholding (a) assaults or obstructs any Medical Officer (Health) officers. and
or any other duly authorized person acting in the information.
execution of his duty under this Act; or
(b) fails to furnish any information required from him
in accordance with the provisions of this Act, or
knowingly furnishes false information,
shall be guilty of an offence and be liable on summary
conviction before a Resident Magistrate, to a fine not
exceeding twenty-five thousand dollars or to impris0nmen.t 221 1996
for a term not exceeding twelve months. s. 5. - me inclusion of this page is authorized by L.N. %/1998]
16
Penalties.
22 I 1996
s. a(@.
221 1996
s. scaxi)(ii).
Persons
entitled to
take pro-
ceedings.
Cost of
actions
against
Local
Board, etc.
Prosecutions
to be com-
menced
within six
months.
PUBLIC HEALTH
23.-(1) Any person guilty of an offence under this Act,
for which no penalty is provided elsewhere in this Act, shall
be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding twelve thousand five hundred
dollars and in default of paylmenit thereof to imprisonment
for a term not exceeding three months.
(2) Where the offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
two thousand five hundred dollars for every day for which
the offence continues after conviction, and in default of
payment, to imprisonment for a period not exceeding two
moniths.
24. Proceedings against any person for an offence against
this Act and for the recovery of any penalties under this
Act or any regulations made thereunder may be instituted
by any person authorized in that behalf by the Minister or
the Local Board, as the case may be, and such authorized
person may prosecute or conduct such proceedings.
25.-(1) In any action, suit, prosecution or other legal
proceedings brought against a Local Board, or any person,
in respect of any act done in pursuance or execution or
intended execution of the provisions of this Act, the plaintiff
shall not recover unless he alleges in his pleading and proves
at the trial, that such act was done either maliciously or
without reasonable and probable cause.
(2) Any damages or costs recovered in any such
action, suit, prosecution or legal proceedings brought against
a Local Board or any person aforesaid, and the costs of the
defendant as between solicitor and client, shall be paid out
of the Consolidated Fund.
26. All prosecutions for offences against this Act or any
regulations made thereunder shall be commenced within six
calendar months next after the commission of such offence.
m e inclusion of this page is authorized by L.N. %/1998]
l? PUBLIC HEALTH
27. Where in any proceedings under the provisions of Reference to
this Act relating to nuisances, it becomes necessary to men- occupierin
tion or refer to the owner or occupier of any premises and zz:$:r-
his name is unknown and cannot on reasonable enquiry be
ascertained, it shall be sufficient to designate him as the
“owner” or “occupier” of such premises, without name or
further description.
owner or
28. Where two or more owners or occupiers of premises Proceedings
need not be may be jointly answerable to any demand or complaint brought
under this Act, it shall be sufficient to proceed against one
or more of them without in any manner proceeding against ~ 9 ; ~ ~
the other or others, so, however, that nothing contained
herein shall prevent the parties so proceeded against from
recovering contribution in any case in which they would
be entitled to contribution by law.
29.-(1) Any person aggrieved by any decision of, or any Appeal to
Minister. claim or order made upon him by any Local Board, or any
other person acting in pursuance of or in execution or
intended execution of the provisions of this Act, may appeal
to the Minister within such time and in such manner as may
be prescribed.
(2) The Minister may-
(a) dismiss the appeal and confirm the decision, claim
or order concerned; or
(b) allow the appeal and set aside the decision, claim or
order concerned; or
(c) set aside the decision, claim or order concerned,
and in substitution therefor, give or make such
other decision, claim or order as he may think
proper.
(3) Any person making an appeal to the Minister
pursuant to subsection (1) shall give notice within the
prescribed period to the person from whose decision, claim
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18 PUBLIC HEALTH
Constitu-
tion of
Central
Health
Committee.
Tenure of
office of
members.
Temporary
appoint-
ments.
Chairman.
Resigna-
tion of
appointed
members.
Filling o f
vacancies.
Validity of
proceed-
ings.
Publication
of memkr-
ShiD.
Meetings.
or order he is appealing, of his intention to make such
appeal, and where notice of appeal has been so given, the
decision, claim or order in respect of which such notice
has been given shall, unless the Minister otherwise orders
pending the hearing of the appeal, await the determination
or abandonment of the appeal.
SCHEDULE (Section 3)
1. The Central Health Committee shall consist of the Chief Medical
Wcer and the Director of Veterinary Services or his nominee and
such number of other persons (hereinafter referred to as appointed
members) not being less than six nor more than nine as the Minister
may from time to time appoint.
2 . 4 1 ) The appointment of an appointed member shall, subject to
the provisions of this ScheduIe, be for a period-not exceeding three
years, and such member shall be eligible for reappomtment.
(2) The Minister may at any time revoke the appointment of
any appointed member.
3. The Minister may appoint any person to act temporarily in the
place of any appointed member in the case of the absence or inability
to act of such member.
4. The Chief Medical Officer shall be ex oficio chairman of the
Central Health Committee.
5. An appointed member may at any time resign his office by
instrument in writing addressed to the Minister and transmitted through
the chairman, and from the date of the receipt by the Minister of such
instrument that member shall cease to be an appointed member.
6. If any vacancy o c c u s in the membership of the Central Health
Committee, such vacancy shall be fdled by the appointment of another
member who shall, subject to the provisions of t h i s Schedule, hold
office for the remainder of the period for which the previous member
was appointed.
7. The validity of the proceedings of the Central Health Committee
shall not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of a member thereof.
8. The names of all members of the Central Health Committee as
first constituted and every change in the membership thereof shall be
published in the Gazette.
9.--(1) The Central Health Committee shall meet at such times as
may be necessary or expedient for the transaction of business, and such
meetings shall be held at such places and times and on such days as
the Central Health Committee shall determine.
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19 PUBLlC HEALTH
(2) The chairman may at any time call a special meeting of the
Central Health Committee and shall call a special meeting to be held
within seven days of a written request for that purpose addressed to him
by any two members.
(3) The chairman shall preside at the meetings of the Central
Health Committee, and if he is absent from any meeting the members
present and constituting a quorum shall elect one of their number to
preside at that meeting.
(4) The quorum of the Central Health Committee shall be four.
10. The decision of the Central Health Committee shall be by a Voting.
majority of votes of the members present and voting and, in addition
to an original vote, the chairman or any other person presiding at a
meeting shall have a casting vote in any case in which the voting is
equal.
11. Minutes in proper form shall be kept of the proceedings of the Minutes.
Central Health Committee.
12.-(1) Subject to the provisions OE this Schedule, the Central Health General
Committee shall have power to regulate its own proceedings, and may wwer to re-
delegate to the chairman or to any member or to any subcommittee :$$:;
thereof, the power and authority to carry out on behalf of the Central delegate
Health Committee, such duties as that Committee may determine.
thing in this paragraph, have power at any time to co-opt persons to
assist in its deliberations, but no person so co-opted shall have any
right to vote on any matter voted upon by the Central Health Com-
mittee.
muneration whether by way of honorarium, salary or fees, and such tionof
allowances as the Minister may determine.
or instituted personally against any member of the Central Health ofmcm-
Committee in respect of any act done born w e in pursuance or execu- bers.
tion or intended execution of the provisions of this Act.
15. The office of the chairman or member shall not be a public Wceot‘
office for the purposes of Chapter V of the Constitution of Jamaica. chairman
or member
not public
and to
co-opt
(2) The Central Health Committee shall, notwithstanding any- memben.
13. There shall be paid to the chairman and members such re- Rmunem-
members.
14. No action, suit, prosecution or other proceedings shall be brought Protbction
oma.
P’ha inaimion of this page is aunhorized by L.N. 87/198q
