Health Services Act


Published: 1914-06-22

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Health Services Act
HEALTH SERVICES [CH.231 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

HEALTH SERVICES
CHAPTER 231

HEALTH SERVICES
LIST OF AUTHORISED PAGES

1 – 4 LRO 1/2002
5 – 32 Original

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

Public Health Authorities and Administration
3. Establishment of Health Department.
4. Supply of medicines, etc. at public expense.
5. Payment of fees for treatment.
6. Magistrate’s powers.
7. Supreme Court may make an order charging real property.

Infectious Diseases
8. Notices to be given of outbreak of infectious diseases.
9. Steps to be taken on notification of infectious disease.
10. Removal of infected articles for disinfection or destruction and

necessary powers.
11. Isolation of infected persons and contacts and other powers of a

medical officer.
12. Penalty for casting infected rubbish, etc., into dust-bins.
13. Disinfection, and notice to owners, of infected house or giving up

possession.
14. Penalty for letting infected house.
15. Penalty for making false statement on letting infected house.
16. Washing of infected clothing.
17. Infected children not to be sent to school.
18. Infected person not to take books, etc., from library.
19. Certain persons suffering from infectious diseases may be removed to

hospital.
20. Penalty on exposure of infected persons or things.
21. Provision for preventing the infection of public conveyances.
22. Provision for dealing with infectious disease suspected due to milk.
23. Penalty for not burying infected corpse promptly

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

24. Penalty for holding wake over infected corpse.
25. Burial of persons dying in hospital of infectious disease.
26. Burial of corpse on default of relatives and recovery of expenses.
27. Anatomical examination of corpses of persons dying of certain diseases.

Prohibition of Certain Trades to Persons Suffering from Infectious
Diseases

28. Infected persons not to exercise certain callings.
Rules

29. Rules.
30. Application of rules.

Miscellaneous
31. Application of Act to all buildings and vessels, etc.
32. General power of entry to premises.
33. Penalties for various offences.
34. Notices, authentication and service of.
35. Method of recovering penalties and expenses.
36. Legal proceedings by the Minister.
37. Power of entry to examine or inspect.
38. Evidence of persons authorized to perform duties.
39. When a commissioner is unable to adjudicate.
40. Provisions of Act not to be in derogation of other legal provisions and rights.
41. General penalty.
42. Power to Minister to vary interpretation of infectious disease, etc.
43. Expenses.
44. Property vested in Treasurer.
45. Contracts.
46. Serving officers.

SCHEDULE — Trades Prohibited to Persons Suffering from Infectious Diseases.



HEALTH SERVICES [CH.231 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 231

HEALTH SERVICES
An Act to make provision for securing the public health.

[Commencement 22nd June, 1914]

1. This Act may be cited as the Health Services Act.
2. In this Act unless the context otherwise requires —
“building” includes the curtilage of a building;
“business premises” means an hotel, restaurant, shop,

office, cruise ship and any other premises where
business is carried on;

“Chief Medical Officer” means the chief medical
officer appointed in accordance with the provi-
sions of this Act;

“cistern” includes a tank, water-butt, jar, cask, barrel,
tub or other receptacle used for storing water;

“contact” means a person who, in the opinion of a
medical officer, has been exposed to infection
from an infectious disease;

“dairy” includes any farm, farmhouse, cow-shed,
milk-store, milk-shop, milk-cart, pasture, road
or other place from which milk is supplied or in
which milk is kept for purposes of sale;

“dairyman” includes any cow-keeper, purveyor of
milk or person in charge of a dairy;

“day” means the period between the hours of six
o’clock in the morning and six o’clock in the
evening;

“Department” means the Health Department estab-
lished under section 3;

“disinfecting” and “cleansing” respectively include
fumigating for the purpose of destroying
noxious insects and rats, lime-washing and all
other measures from time to time prescribed;

17 of 1914
28 of 1920
42 of 1926
9 of 1928
28 of 1947
23 of 1962
24 of 1962
39 of 1963
43 of 1964
E.L.A.O., 1974
19 of 1975.
24 of 1975
15 of 1976
4 of 1987
5 of 1987
S.I. 93/1991
20 of 1998

Short title.
39 of 1963, s. 2.
Interpretation.

24 of 1975, s. 3.

39 of 1963, s. 3.

CH.231 – 4] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“district” means any one of the districts into which
the Out Islands are divided under the Local
Government Act, or any other area in which a
government medical officer is directed by the
Minister to carry out his duties;

“dust-bin” means any bin, tub or other receptacle for
the deposit of dust, sweepings, rubbish or refuse
matter;

“earth-closet” means a closet in which dry earth, lime
or other matter is used for covering and
deodorising human excreta;

“health officer” means any member of the Health
Department authorised by the Minister to act as
a health officer and includes a commissioner so
authorised;

“hospital” means a health care institution owned and
operated by the Government;

“house” includes schools, also factories and other
buildings in which persons are employed and
the curtilage of a house;

“house gutter” includes eaves-gutter and any other
gutter upon, or attached to any dwelling-house
or building whatsoever;

“human consumption” includes use in the prepara-
tion of food or drink for human consumption;

“infectious disease” means any of the following
diseases namely: plague, smallpox, yellow fever,
cholera, diphtheria, typhoid fever, scarlet fever,
scarlatina, mumps, measles, german measles,
typhus fever, whooping cough, hydrophobia,
trachoma, puerperal fever, relapsing fever, dys-
entery, cerebrospinal fever, acute poliomyelitis,
influenza, tuberculosis, acquired immune defi-
ciency syndrome (AIDS) and pneumonia;

“isolation station” includes any house, part of a
house, tent, vessel or other place in which any
patient or contact is isolated;

“larvae” includes pupae;

Ch. 37.
39 of 1963, s. 3.

39 of 1963, s. 3.

20 of 1998, s. 2.

23 of 1962, s. 2.

28 of 1920, s. 2.

S.I. 93/1991.

39 of 1963, s. 3.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

“master” means in the case of a building or part of a
building, a person in occupation of or having the
charge, management or control of the building,
or part of the building, and in the case of a house
the whole or part of which is let out in separate
tenements or rooms, or in the case of a lodging
house the whole of which is let to lodgers,
includes the person receiving the rent payable by
the tenants or lodgers either on his own account
or as the agent of another person, and in the case
of a vessel means the master or other person in
charge thereof;

“medical officer” includes the Chief Medical Officer
and a district medical officer;

“medical officer of health” means any medical officer
appointed to be a medical officer of health and
includes the Chief Medical Officer and a district
medical officer;

“medical practitioner” means a duly qualified medical
practitioner within the meaning of the Medical
Act or any Act passed in amendment thereof or
substitution therefor:

“Minister” means the Minister responsible for Public
Health;

“noxious insects” includes mosquitoes, fleas, flies and
other insects which may be from time to time
prescribed;

“owner” means the person for the time being
receiving the rent of the premises in connection
with which the word is used, whether on his
own account or as agent or trustee for any other
person, or who would so receive the same if
such premises were let;

“pail closet” means a movable receptacle for human
excreta;

“patient” means a person whom a medical officer or
medical practitioner believes or suspects to be
suffering from an infectious disease;

“place of public resort” includes any library, building,
place or conveyance to which for the time being
the public are entitled or permitted to have
access either without any condition or upon


39 of 1963, s. 3.

Ch. 224.

E.L.A.O., 1974.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

condition of making any payment, and any
building or place which is for the time being
used for any public or religious meeting or
assembly or as an open court;

“prescribed” means prescribed for the time being by
the Minister by Order published in the Gazette;

“public place” includes any park, market, market
place, street, highway, road, bridge, wharf, pier,
jetty, lane, footway, square, court, alley of
passage, whether a thoroughfare or not;

“rules” means rules made under this Act;
“sanitary conveniences” includes urinals, water-clo-

sets, earth-closets, pail closets, privies and any
similar conveniences or receptacles for human
excreta or urine, together with the structure
comprising such convenience or receptacle and
the fittings and apparatus connected therewith;

“suffering from an infectious disease”, “liable to
retain infection,” “exposed to infection,” “injur-
ious to health,” “dangerous to health” and
“infected” respectively mean so suffering, so
liable to retain, so exposed, so injurious, so
dangerous or infected, in the opinion of a
medical officer or in any district where there is
no medical officer in the opinion of a commis-
sioner;

“town” means any area in New Providence or in any
Out Island now known or commonly called a
town or hereafter declared by the Minister by
notice in the Gazette to be a town for the
purposes of this Act and includes the City of
Nassau and its suburbs as defined in any Act;

“vessel” includes any ship, boat and every description
of vessel used in navigation;

“village” means any area containing ten or more
houses used for human habitation beyond the
boundaries of the town, no one of which houses
is more than fifty yards from the house nearest
to it, together with the area within fifty yards of
each such house; and it includes any area with
houses thereon beyond the boundaries of a town
from time to time declared by the Minister by
notice in the Gazette to be a village for the
purposes of this Act.

E.L.A.O., 1974.

39 of 1963, s. 3.

E.L.A.O., 1974.

E.L.A.O., 1974.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Public Health Authorities and
Administrations

3. (1) There shall be established a Health Department
which shall comprise a Chief Medical Officer who shall be
the principal adviser and chief executive officer of the
Minister and such other medical, public health, nursing and
other officers as may from time to time be authorized by
Parliament.

(2) Notwithstanding the provisions of any other Act,
no person shall be appointed to the office of Chief Medical
Officer, specialist or medical officer in the Department
unless he holds a medical or surgical degree or diploma of
a university or like institution in the Commonwealth or of a
university or like institution of a foreign country
recognised by the Minister for the purposes of this section:

Provided that in the case of the Chief Medical
Officer, the person appointed shall have had at least five
years experience in his profession and shall possess such
public health qualifications as the Minister may approve.

4. Subject to any rules prescribed by the Minister
under section 29, medical and surgical attention and
requisites shall be supplied by the Department at the public
expense to —

(a) such poor and indigent persons as may need and
apply for them;

(b) the inmates and staff of the prisons and of the
industrial schools;

(c) the members of the police force;
(d) the patients in the leper asylum.
5. (1) The Minister shall by rule prescribe the fees

to be paid by persons who are admitted to hospital as
paying patients for medical or surgical treatment.

(2) The Minister may, by rule or otherwise, attach to
the giving of medical or surgical treatment in hospital such
conditions as to payment as may be deemed reasonable and
having regard to the special circumstances of any
individual case.

6. A magistrate on the application of the Minister
or some other person authorised by him upon its being
proved that any person is or has been in receipt of medical


Establishment of
Health
Department.
39 of 1963, s. 4.

Supply of
medicines, etc. at
public expense.
39 of 1963, s. 4.

Payment of fees
for treatment.
39 of 1963, s. 4.

Magistrate’s
powers.
39 of 1963, s. 4.

CH.231 – 8] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or other relief from a hospital, and that such person or the
parent, child or husband of such person is able to
contribute to the cost of such relief, may make an order
upon such person or upon such parent, child of husband to
contribute such sum either by weekly payments or
otherwise and whether in respect of past or future relief as
the magistrate may deem reasonable in view of all the
circumstances of the case.

7. The Supreme Court on its equity side may in its
discretion on the application of the Minister make an order
charging any real property vested in any person who shall
have died in hospital (or who shall have been removed
from hospital within a month prior to his death) in respect
of the cost of maintenance supplied to such person to such
an amount and subject to such conditions as the court in its
discretion may deem fit and may order such charge to be
enforced by sale of the property or otherwise as it may
deem fit:

Provided that no such order shall be made unless the
same shall be applied for within the period of six months
from the death of the person in whom the property was
vested.

Infectious Diseases
8. (1) Where an inmate of any house is suffering or

suspected to be suffering from an infectious disease, the
following provisions shall have effect, that is to say —

(a) the head of the family to which such inmate (in
this section referred to as the patient) belongs,
and in his default the nearest relative of the
patient present in the house, or being in
attendance on the patient, and in default of such
relative, every person in charge of or in
attendance on the patient, and in default of any
such person the master of the house, shall, as
soon as he becomes aware or suspects that the
patient is suffering from an infectious disease —
(i) forthwith call in a medical practitioner to

visit the patient or give notice, verbal or
written to the Chief Medical Officer,
medical officer of health, district medical
officer, commissioner or peace officer;

Supreme Court
may make an
order charging
real property.
39 of 1963, s. 4.

Notices to be
given of outbreak
of infectious
diseases.

39 of 1963, s. 10.

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(ii) immediately after the death of the patient
unless the patient was attended at the time
of his death by a medical practitioner, give
notice of such death to the Chief Medical
Officer, medical officer of health, district
medical officer, commissioner or peace
officer.

In any such notice there shall be stated
the full name and the age and sex of the
patient, a description of the situation of the
house, and the infectious disease from
which the patient is suffering or is
suspected to be suffering, and, in the event
of the death of the patient, the infectious
disease of which the patient is believed or
suspected to have died, and the date and
hour of the death;

(b) every medical practitioner attending on or called
in to visit the patient shall forthwith, on
becoming aware of or suspecting that the patient
is suffering from an infectious disease, give to
the Minister, the district medical officer or a
commissioner a certificate stating the full name
and the age and sex of the patient, a full
description of the situation of the house, and the
infectious disease from which in the opinion of
such medical practitioner the patient is suffering
or is suspected by him to be suffering, and in the
event of the death of the patient he shall also
give a certificate to the Minister, the district
medical officer or a commissioner stating, in
addition to the above particulars, the infectious
disease of which in his opinion the patient has
died or is suspected by him to have died and the
date and hour of the death;

(c) the head master or head mistress of any school
suspecting that any child in his or her school is
suffering from any infectious disease shall notify
the same to the Minister, the district medical
officer or a commissioner.

(2) Every person required by this section to give any
notice or certificate, who fails forthwith to give the same
shall be liable on summary conviction to a penalty of ten
dollars:

5 of 1987, Sch.

CH.231 – 10] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that, if a person is not required to give
notice in the first instance but only in default of some other
person, he shall not be liable to any penalty if he satisfies
the magistrate that he had reasonable cause to suppose that
the notice had been duly given.

(3) The Minister may prescribe forms for the purpose of
certificates to be given in pursuance of this section, and if such
forms are so prescribed they shall be used in all cases to which
they apply, and all information and particulars required by such
forms shall be given by the person required to give the
certificate. The Minister shall gratuitously supply such forms of
certificate to any medical practitioner residing or practising in
New Providence or an Out Island district who applies for the
same; and every medical practitioner shall be paid for such
certificate duly sent by him in accordance with this section a fee
of eighty cents.

9. Any peace officer receiving any notice under
section 8 of this Act shall forthwith report the same to the
medical officer or commissioner of the district in which the
case or suspected case or the death as the case may be has
occurred. In New Providence such report shall be made by
a peace officer to the Chief Medical Officer or medical
officer of health.

10. (1) The Minister may do all or any of the
following things —

(a) provide in any suitable place proper premises for
the disinfection or destruction of any bedding,
clothing or other articles which have become
infected by any infectious disease;

(b) provide the necessary carriages, vessels or other
means of conveyance of any such bedding,
clothing or other articles to such premises and
the necessary apparatus and attendance for such
disinfection or destruction;

(c) destroy, or disinfect and return after disinfection,
any such bedding, clothing or other articles free
of charge.

(2) If satisfied —
(a) that any house or part of a house is in such a

filthy or unwholesome condition that the health
of any person is affected or endangered thereby;
or

39 of 1963, s. 10.

5 of 1987, s. 2.

Steps to be taken
on notification of
infectious
disease.
39 of 1963, s. 11.

Removal of
infected articles
for disinfection
or destruction
and necessary
powers.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) that the cleansing and disinfecting of any house
or part of a house, and of any article therein or
the destruction of such article would tend to
prevent the occurrence or check the spread of
any disease,

a health officer may serve notice on the master of such
house or part thereof or, if the house or part thereof is
unoccupied, on the owner thereof that the same and any
such articles therein will be cleansed and disinfected, or the
articles destroyed, at the cost of such master or owner
unless within such time as the health officer may specify
from the service of the notice he informs the health officer,
that he will, within the time fixed by the notice, himself
cleanse and disinfect the house or part thereof and any such
articles, or destroy such articles, to the satisfaction of the
health officer.

(3)(a) Such house or part thereof and such articles
may be cleansed and disinfected or such articles may be
destroyed by the health officer if —
(i) in the opinion of the Chief Medical Officer or

his deputy, or a health officer, the necessity for
cleansing and disinfecting the house or part
thereof or any article therein likely to retain
infection, or for destroying such article is urgent;

(ii) within such time from the service of the notice
as may be fixed therein, the person on whom it
is served does not inform the health officer of
his intention to cleanse and disinfect or destroy
as aforesaid;

(iii) having given such information as aforesaid such
person fails to have the house or part thereof and
any such articles cleansed and disinfected, or the
articles destroyed within the time fixed in the
notice;

(iv) the master or owner before or after such notice
gives his consent;

(v) the Minister is of opinion that the master or
owner is unable effectually to cleanse and
disinfect the house or part thereof and any such
articles therein.

39 of 1963, s. 12.

39 of 1963, s. 12.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) Any expenses thereby incurred by the Minister
shall be recoverable in a summary manner from the master
or owner unless in the opinion of the Minister the master or
owner is from poverty or any other cause unable to pay
such expenses, in which case they may be paid out of the
Consolidated Fund by warrant in the usual manner.

(4) For the purpose of carrying into effect this section
the health officer may enter by day on any premises.

11. (1) Subject to the terms of any rules made under
this Act when a medical officer believes or suspects any
person to be suffering from an infectious disease the
following steps may be taken with the approval of the
Minister —

(a) the medical officer may cause the patient to be
isolated in the same house or part of a house in
which the patient then is until he is satisfied that
the patient is no longer infectious, if in his
opinion, such house or part of a house is so
situate as to permit of the effectual isolation of
the patients therein, and such house or part of a
house during such isolation shall be deemed to
be an isolation station. If in the opinion of the
medical officer the patient cannot be effectually
isolated in such house or part of a house, he may
cause the patient to be removed to an isolation
station or hospital and to be there isolated until
the medical officer in charge of such isolation
station or hospital is satisfied that the patient is
no longer infectious;

(b) the medical officer may cause the immediate
attendants of any such patient and other contacts
to be isolated in the same house or part of a
house in which the patient is isolated or in some
other isolation station and for such period of
time as he shall think fit;

(c) the medical officer may cause the clothes and
bedding of all patients and contacts and all
articles which in his opinion have been infected
or exposed to infection by patients or contacts to
be disinfected or destroyed as he shall think fit.

(2)(a) A contact may be liberated or exempted from
isolation by a medical officer subject to his undergoing
surveillance by the medical officer if the medical officer is


Isolation of
infected persons
and contacts and
other powers of a
medical officer.

39 of 1963, s. 13.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

satisfied that it is reasonably probable that the contact will
duly comply with the following conditions, by which
conditions the contact shall be bound and with which he
shall comply in every particular upon being liberated or
exempted from isolation, and if, in the case of small-pox,
the contact will submit himself for vaccination, if in the
opinion of the medical officer it is desirable —
(i) during the period of surveillance the contact shall

reside at such place and remain within such area
as the medical officer may from time to time
direct; and

(ii) during the period of surveillance the contact shall
present himself to the medical officer for medical
examination and supervision at such place and at
such hours and as often as the medical officer
may from time to time direct.

(b) If after such liberation or exemption the contact
fails, in the opinion of the medical officer, in any particular
to comply with any of the conditions of this subsection, the
medical officer may cause the contact to be placed and
detained in isolation in an isolation station for the period
prescribed in paragraph (b) of subsection (1) of this
section, but the contact shall not be thereby released from
liability to a penalty for’ contravention of this subsection,
as the case may be.

(3) No person unless authorised by a medical
officer, shall enter any house or part of a house in which a
patient has died of an infectious disease, before such house
or part of a house shall have been disinfected, or shall enter
or quit any isolation station in which a patient or contact is
isolated; any person so entering or quitting any such house,
part of a house, or isolation station, shall be liable to be
dealt with as a contact, in addition to any penalty which he
may incur for any contravention of this subsection.

(4) A medical officer shall have the following
powers —

(a) to enter any house or part of a house in which a
patient is or has been, for the purpose of
destroying noxious insects or rats therein, and of
preventing or guarding against the entry or
escape of noxious insects or rats therein or
therefrom;

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) to enter any other house or part of a house which
in his opinion is within the range of infection
from a house or part of a house in which a
patient has been for the purpose of taking any
steps he may deem necessary for disinfecting
and screening any such house or part of a house.

(5) Any verbal or written direction or order of a
medical officer under this section may be executed by any
person duly authorised by him.

(6) Any expenses incurred in removing a patient or
contact to, or maintaining him in, a hospital or isolation
station, or in disinfecting or screening any house or part of
a house shall be payable out of the Consolidated Fund by
warrant in the usual manner.

(7) If any bedding, clothing or articles are disinfected
by or with the approval of a health officer and any of them
suffer any damage thereby the Minister shall compensate the
owner for the same and he shall also compensate the owner
for any bedding, clothing or articles destroyed and the
amount of any such compensation, in case of disagreement,
shall be fixed by a stipendiary and circuit magistrate from
whose decision there shall be no appeal.

(8) Any person who contravenes any of the
provisions of this section, or obstructs the execution of the
powers given by this section, or obstructs the execution of
any directions given by a medical officer under this section,
shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month.

12. (1) Any person who casts, or causes or permits to be
cast, into any dust-bin any rubbish or refuse matter which he
knows to be infected by any infectious disease without previous
disinfection to the satisfaction of a medical officer of health
shall be liable on summary conviction to a penalty of twenty-
five dollars, or to imprisonment for fourteen days and, if the
offence continues, to a further penalty of five dollars for every
day during which the offence so continues after the notice
hereafter in this section mentioned.

(2) The Minister shall cause notice of the provisions
of this section to be served on the master of any house or
part of a house in which there is a person suffering from an


39 of 1963, s. 13.

5 of 1987, Sch.

Penalty for
casting infected
rubbish, etc., into
dust-bins.
5 of 1987, Sch.

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infectious disease and on the request of such master shall
provide for the removal and disinfection or destruction of
the aforesaid rubbish or refuse at his expense.

13. (1) Any person who ceases to occupy any house
or part of a house, in which any person has within six weeks
previously been suffering from an infectious disease and
either —

(a) fails to have such house or part of a house and
all articles therein liable to retain infection disin-
fected to the satisfaction of a medical officer of
health as testified by a certificate signed by him,
or such articles destroyed;

(b) fails to give to the owner or master of such
house or part of a house notice of the previous
existence of such disease;

(c) on being questioned by the owner or master of
such house or part of a house, or by any person
negotiating as principal or agent for the hire of
such house or part of a house, as to the fact of
there having within six weeks previously been
therein any person suffering from an infectious
disease, knowingly makes a false answer to such
question,

shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month.

(2) The Minister shall give notice of the provisions
of this section to the occupier of any house in which he is
aware that there is a person suffering from an infectious
disease.

14. (1) Any person who knowingly lets for hire any
house or part of a house, in which any person has been
suffering from an infectious disease without having such
house or part of a house and all articles therein liable to
retain infection, disinfected to the satisfaction of a medical
officer of health as testified by a certificate signed by him
or, as regards the articles, destroyed, shall be liable on
summary conviction to a penalty of one hundred dollars or
to imprisonment for two months.

(2) For the purposes of this section the keeper of
any house or part of a house used as an inn, boarding house
or hotel or apartment house shall be deemed to let for hire
part of a house to any person admitted therein as a guest.

Disinfection, and
notice to owners,
of infected house
or giving up
possession.

5 of 1987, Sch.

Penalty for
letting infected
house.

5 of 1987, Sch.

CH.231 – 16] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

15. Any person letting for hire, or showing for the
purpose of letting for hire, any house or part of a house,
who, on being questioned by any person negotiating as
principal or agent for the hire of such house or part of a
house, as to the fact of there being, or within six weeks
previously having been, in such house any person suffering
from any infectious disease, knowingly makes a false
answer to such question, shall be liable on summary
conviction to a penalty of fifty dollars or to imprisonment
for one month.

16. (1) Any person who takes or sends to any public
wash house or to any laundry or place where clothes are
washed, for the purpose of being washed, any bedding,
clothing or other things which he knows to have been
exposed to infection from any infectious disease, unless
they have been disinfected to the satisfaction of a medical
officer of health as testified by a certificate signed by him,
shall be liable on summary conviction to a penalty of
twenty-five dollars or to imprisonment for fourteen days.

(2) The Minister shall give notice of the provisions
of this section to the occupier of any house in which he is
aware that there is a person suffering from an infectious
disease.

17. (1) No person being the parent or person having
the care or charge of a child whom he knows or suspects to
be suffering from any infectious disease shall permit such
child to attend any school, and no person being the parent
or having the care or charge of a child who, in the opinion
of a medical practitioner, has been suffering from an
infectious disease or has been exposed to infection from an
infectious disease, shall after a notice from a medical
practitioner that the child is not to be sent to school permit
such child to attend any school without having procured
from a medical practitioner a certificate that in his opinion
such child may attend school without undue risk of
communicating such disease to others. A medical
practitioner upon giving a notice under this subsection
shall forthwith report to the Minister the giving of such
notice and the names and addresses of the child and of the
person to whom such notice has been given.

(2) Where any part of a building is occupied as a
dwelling and any other part thereof is used as a school,


Penalty for
making false
statement on
letting infected
house.

5 of 1987, Sch.

Washing of
infected clothing.

5 of 1987, Sch.

Infected children
not to be sent to
school.

HEALTH SERVICES [CH.231 – 17


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

factory, store, shop or place of public resort or meeting and
it is certified by a medical practitioner that any person is or
has been suffering from an infectious disease in the part
occupied as a dwelling, the Minister may declare the whole
of such building to be infected, and may direct the owner,
occupier or manager of such factory, store, shop or place,
or in the case of a school, the manager or principal of such
school, to close such part of the building until such person
has been removed from the building and the building has
been cleansed and disinfected to the satisfaction of a
medical officer of health as testified by a certificate signed
by him.

(3) Where a medical officer of health certifies that
an infectious disease exists in any part of a district the
Minister may declare by notice in the Gazette such part to
be infected and prohibit the attendance at any school of
children resident within the infected area or order the
manager or principal of any school within or without the
infected area to close such school or to exclude certain
children from attendance at such school.

(4) The medical officer of health of the district in
which a school is situate may require the principal of the
school to furnish him within a reasonable time fixed by
him a complete list of the names and addresses of the
pupils in or attending at the school.

(5) If any person acts in contravention of or fails to
comply with this section or any order, direction, prohibition
or requisition under this section he shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month.

18. (1) If any person knows that he is suffering from
an infectious disease he shall not take any books, review,
magazine or paper, or use, or cause any book, review,
magazine or paper to be taken for his use from, or enter
any public or circulating library.

(2) A person shall not permit any book, review,
magazine or paper which has been taken from a public or
circulating library, and is under his control, to be used by
any person whom he knows to be suffering from an
infectious disease.

5 of 1987, Sch.

Infected person
not to take books,
etc., from library.

CH.231 – 18] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) A person shall not return to any public or
circulating library any book, review, magazine or paper
which he knows to have been exposed to infection from an
infectious disease or permit any such book, review,
magazine or paper which is under his control, to be so
returned, but shall give notice to the Minister that the book,
review, magazine or paper has been so exposed to
infection, and the Minister shall cause the book, review,
magazine or paper to be disinfected and returned to the
library or to be destroyed.

(4) The Minister shall pay to the proprietor,
librarian or other person in charge of the library from
which the book, review, magazine or paper is procured the
value of any book, review, magazine or paper destroyed
under the provisions of this section.

(5) If any person acts in contravention or fails to
comply with this section, he shall be liable on summary
conviction to a penalty of fifty dollars or to imprisonment
for one month.

19. (1) When a medical officer suspects that a
person is suffering from an infectious disease who, in such
medical officer’s opinion, is unable to provide himself with
proper lodging or accommodation, or is unable to take
proper precautions, by effectually isolating himself or
otherwise to prevent the spread of the disease by him, or is
unable to provide himself with necessary nursing,
treatment or attendance, he may direct such person to be
removed to a hospital. The medical officer shall in every
such case report to the Minister who shall cause the
removal to be effected at his expense.

(2) When the medical officer in charge or having
the supervision of a hospital believes or suspects that a
person who is in hospital is suffering from any infectious
disease, and is of opinion that the person on leaving the
hospital would be unable to provide himself with proper
lodging or accommodation, or to take proper precautions,
by effectually isolating himself or otherwise, to prevent the
spread of the disease by him, or to provide himself with
necessary nursing, treatment or attendance, he may direct
such person to be detained in a hospital during such time as
he shall think necessary.

5 of 1987, Sch.

Certain persons
suffering from
infectious
diseases may be
removed to
hospital.

HEALTH SERVICES [CH.231 – 19


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) A verbal or written direction in either of the
above cases may be carried into execution by any health
officer; and any person obstructing the execution of or
disobeying the direction shall be liable on summary
conviction to a penalty of fifty dollars or to imprisonment
for one month.

20. Any person who —
(a) while suffering from an infectious disease wilfully

or without proper precautions against spreading
the disease exposes himself in any public place or
place of public resort, or while so suffering enters
any public conveyance without previously
notifying to the owner or driver thereof that he is
so suffering;

(b) being in charge of any person so suffering, so
exposes such sufferer;

(c) gives, lends, sells; transmits or exposes without
previous disinfection, any bedding, clothing or
other articles which have been exposed to
infection from any such disease,

shall be liable on summary conviction to a penalty of
twenty-five dollars or to imprisonment for one month and a
person who while suffering from any infectious disease,
enters any public conveyance without previously notifying
to the owner or driver that he is so suffering shall, in
addition, be ordered by the court to pay such owner and
driver the amount of any loss and expenses they may incur
in carrying into effect the provisions of this Act with
respect to disinfection of the conveyance:

Provided that no proceedings under this section shall
be taken against persons transmitting with proper precau-
tion any bedding, clothes or other article for the purpose of
having the same disinfected.

21. (1) A person shall not hire or use any public
conveyance, other than a hearse, for conveying the body of
a person whom he knows to have deed from an infectious
disease, without previously notifying to the owner or driver
of the public conveyance that such person died from an
infectious disease.

(2) If any person suffering from any infectious
disease, or the body of any person who has died from any
infectious disease is conveyed in such public conveyance


5 of 1987, Sch.

Penalty on
exposure of
infected persons
or things.

5 of 1987, Sch.

Provision for
preventing the
infection of
public
conveyances.

CH.231 – 20] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the owner or driver thereof, as soon as it comes to his
knowledge, shall give notice to the Minister and shall
forthwith cause such public conveyance to be disinfected
under the superintendence of a health officer.

(3) If any person acts in contravention of or fails to
comply with any of the provisions of this section he shall
be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month.

(4) It shall be the duty of the Minister when so
requested by the owner or driver of any such public
conveyance to provide for the disinfection of the same at
the expense of the owner or driver.

22. (1) If a medical officer of health suspects that
any person is suffering from infectious disease attributable
to milk supplied from any dairy, or that any cow the milk
of which is supplied from such dairy, is affected with
tuberculosis, or that the consumption of milk from such
dairy is likely to cause infectious disease to any person
such medical officer of health, if authorised by an order of
the Minister, shall have power with or without assistance to
inspect the dairy and the animals therein, and if on such
inspection the medical officer of health is of opinion that
any cow therein or any cow the milk of which is supplied
from such dairy is affected with tuberculosis or if he is of
opinion that any infectious disease is caused or likely to be
caused from consumption of the milk supplied from such
dairy, he shall report thereon to the Minister and the
Minister may thereupon serve on the dairyman notice to
appear before a magistrate within such time, not less than
twenty-four hours after the service of such notice, as may
be specified in the notice, to show cause to the satisfaction
of the magistrate why an order should not be made for the
destruction of any such cow or requiring him not to supply
any milk from such dairy or keep any milk therein for the
purposes of sale until the order has been withdrawn by the
magistrate.

(2) If the dairyman appears in obedience to such
notice and in the opinion of the magistrate he fails to show
such cause, or if the dairyman does not appear upon proof
satisfactory to the magistrate of service of the notice on the
dairyman, the magistrate may make the said order and he
shall forthwith give notice of the order to the Minister and


5 of 1987, Sch.

Provision for
dealing with
infectious disease
suspected due to
milk.

HEALTH SERVICES [CH.231 – 21


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

he shall forthwith withdraw the said order upon receipt of a
certificate from the Minister that he is satisfied that the
milk supply has been changed or that the cause of the
infection has been removed.

(3) If any person refuses to permit the medical
officer of health or his assistants, on the production of the
order of the Minister under this section, to inspect any
dairy or the animals therein, or after the magistrate has
made an order under this section, supplies any milk or
keeps any milk for the purpose of sale in contravention of
the order, or sells it for consumption, he shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month:

Provided that the dairyman shall not be liable to an
action for breach of contract if the breach be due to an
order made under this section.

23. Any person who, without the sanction in writing
of a medical practitioner, retains unburied on any premises
for more than twelve hours the body of any person who has
died from any infectious disease shall, on the complaint of
the Minister, be liable on summary conviction to a penalty
of fifty dollars or to imprisonment for one month.

24. It shall not be lawful to hold any wake over the
body of any person who has died from an infectious
disease, and the master of any premises or part of any
premises who permits or suffers any such wake to take
place in such premises or part thereof, and every person
who attends to take part in such wake shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month.

25. (1) If a person dies in hospital or isolation
station from any infectious disease, it shall not be lawful
for any person, without the permission of the medical
officer in charge of or having the supervision of such
hospital or isolation station, to remove the body from such
hospital or isolation station except for the purpose of
forthwith burying the same; and the body when so removed
shall be forthwith taken direct to the place of burial and
there forthwith buried.

(2) If any person acts in contravention of this section
he shall be liable on summary conviction to a penalty of
fifty dollars or to imprisonment for one month.

5 of 1987, Sch.

Penalty for not
burying infected
corpse promptly.

5 of 1987, Sch.

Penalty for
holding wake
over infected
corpse.

5 of 1987, Sch.

Burial of persons
dying in hospital
of infectious
disease.

5 of 1987, Sch.

CH.231 – 22] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Nothing in this section shall prevent the removal
of a dead body from a hospital or isolation station to a
mortuary, and such mortuary shall, for the purpose of this
section, be deemed part of such hospital or isolation
station.

26. (1) Where either —
(a) the body of a person who has died from any

infectious disease is retained in a room in which
persons live, sleep or work; or

(b) the body of a person who has died of an
infectious disease is retained without the
sanction in writing of a medical practitioner on
any premises for more than twelve hours; or

(c) any dead body is retained in any house so as to
endanger the health of the inmates thereof, or of
any adjoining or neighbouring house or
building,

a medical officer of health may direct that the body be
buried immediately, or within a time limited by him.

(2) Unless the relatives or friends of the deceased
undertake to bury and do bury the body within the time so
limited, it shall be the duty of the Minister to bury such
body, and any expenses so incurred may be recovered by
him in a summary manner from any person legally liable to
pay the expenses of such burial.

(3) If any person obstructs the execution of any
direction given by a medical officer of health under this
section, he shall be liable on summary conviction to a
penalty of fifty dollars or to imprisonment for one month.

27. (1) When a medical practitioner in attendance on
a person is of opinion that such person presents symptoms
of yellow fever, cholera or plague, he shall have power on
the death of such person, if he suspects that the death of
such person was caused by yellow fever, cholera or plague,
to make an anatomical examination of the dead body of
such person for the purpose of ascertaining the cause of
death if so directed by the Minister.

(2) Where a medical officer of health suspects that
any person, the cause of whose death has not been certified
by a medical practitioner, has died of yellow fever, cholera
or plague, he shall have power at any time to enter any
premises and view the body of such person. If upon such


Burial of corpse
on default of
relatives and
recovery of
expenses.

5 of 1987, Sch.

Anatomical
examination of
corpses of
persons dying of
certain diseases.

HEALTH SERVICES [CH.231 – 23


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

view he finds grounds for such suspicion he shall have
power to make an anatomical examination of the said body
for the purpose of ascertaining the cause of death, if so
directed by the Minister.

(3) In either of such cases the medical practitioner
or the medical officer of health as the case may be shall
have power to cause the body to be removed to some
convenient place, if he thinks fit, for the purpose of making
such examination; and such removal shall be at the expense
of the Minister.

(4) Any person who obstructs the execution of any
of the powers conferred by this section shall be liable on
summary conviction to a penalty of fifty dollars or to
imprisonment for one month.

Prohibition of Certain Trades to Persons
Suffering from Infectious Diseases

28. (1) A person who knows or suspects that he is
suffering from an infectious disease shall not carry on or be
engaged in any of the trades or callings specified in
theSchedule to this Act or any other trade or calling which
the Minister may from time to time by Order prohibit him
from carrying on.

(2) An employer shall not knowingly employ any
person suffering from an infectious disease in any such
trade or calling.

(3) If the Minister suspects that any person engaged in
any of such trades or fallings is suffering from an infectious
disease he may by his authorised officer enter upon the
premises, where any such trade or calling is carried on and
examine the persons employed.

(4) For the purposes of this section the term
“infectious disease” shall mean any of the following
diseases, namely, plague, small-pox, yellow fever, cholera,
diphtheria, typhoid fever, scarlet fever, typhus fever,
tuberculosis, dysentery and puerperal fever.

(5) If any person acts in contravention of this section
he shall be liable on summary conviction to a penalty of
fifty dollars or to imprisonment for one month.

5 of 1987, Sch.

Infected persons
not to exercise
certain callings.

Schedule.

39 of 1963, s. 18.

5 of 1987, Sch.

CH.231 – 24] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Rules
29. Subject to the provisions of this Act the Minister

may make rules for sanitary purposes and particularly for
all or any of the following objects —

(1) regulating the washing of any clothes or other
things whether they have been exposed to
infection from infectious disease or not in such
manner as to prevent the washing thereof from
being dangerous or prejudicial to public health;

(2) (a) guarding against and preventing. the out-
break, spread or recurrence of infectious
disease generally and particularly for this
purpose for —

(i) house to house visitation;
(ii) appointing places for the burial of the

bodies of persons who have died from any
infectious disease, and for providing for
and regulating the interment, burning or
burial at sea of such corpses so as to
prevent any injury or danger to health;

(iii) the provision of medical aid, maintenance
and accommodation for patients and con-
tacts;

(iv) the removal, detention, segregation and
isolation of patients and contacts, and for
the appointment, control and management
of hospitals and isolation stations for the
receipt of patients and contacts;

(v) compelling contacts to report themselves to
a medical officer at such times and places
and during such periods as the medical
officer may direct or as may be provided by
such rules, for the purpose of observation or
examination by him, and generally to place
contacts under the surveillance and control
of a health officer;

(vi) the isolation, disinfection and destruction of
houses, tents, vans, sheds or similar struc-
tures used for human habitation, suspected
of being infected by infectious disease or
which have been exposed to infection from
such disease or which are within the range
of infection from such disease;

Rules.
4 of 1987, s. 33.

39 of 1963, s. 19.

HEALTH SERVICES [CH.231 – 25


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(vii) the removal, detention, disinfection and
destruction of clothes, bedding or. any
article suspected of being infected by
infectious disease or which has been ex-
posed to infection from such disease;

(viii) promoting the cleansing, ventilation and
disinfection of premises and vessels;

(ix) declaring any part of The Bahamas to be
an infected area infected with infectious
disease and for prohibiting or regulating
the passage of persons or things from such
infected area to other parts of The
Bahamas; and for providing for the
isolation or surveillance of persons and the
disinfection or destruction of things
arriving in other parts of The Bahamas
from such area;

(b) the Minister may by rules made under
subparagraph (a) of this paragraph annul the
whole or any part of section 11 of this Act or
vary or amend the provisions of the said section
or substitute other provisions therefor;

(3) prescribing forms to be used under the provisions
of this Act and any rules made thereunder;

(4) regulating the admission of patients to hospital;
(5) the administration of outdoor relief;
(6) the internal management of hospitals;
(7) regulating the conduct of doctors, nurses,

patients and visitors in hospitals and maintaining
discipline therein;

(8) fixing the charges payable by patients in or
attending hospital;

(9) the engagement, training and examination of
student nurses;

(10) the rendering of pathological and other such
services to private practitioners or other
members of the public and prescribing scales of
charges therefor;

(11) prescribing the persons empowered to issue bills
of health to masters of ships, fixing the fees to
be paid for the same and providing for the
liability of ships’ agents therefor;

39 of 1963, s. 19.

CH.231 – 26] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(12) generally for the better execution and carrying
out of the provisions of this Act.

30. Any rules made under section 29 of this Act
may apply to the whole of The Bahamas or to any Out
Island district thereof specially named therein.

Miscellaneous
31. The provisions of this Act shall apply to every

building, vessel, tent, van, shed or similar structure used
for human habitation in like manner as nearly as may be as
if it were a house; but nothing in this Act shall extend to
any land, house, building, vessel, tent, van, shed or similar
structure belonging to Her Majesty or to any inmate
thereof, nor to any vessel belonging to any foreign
government.

32. (1) A health officer specially authorised in that
behalf may enter in the day on any part of any premises for
the purpose of carrying out any of the objects of this Act,
and such entry may be made with such workmen and
servants as may be necessary for the execution of any work
to be done.

(2) If a magistrate is satisfied by information on
oath —

(a) that there are reasonable grounds for such entry
and that there has been a refusal or failure to
admit to such premises, and either that
reasonable notice, written or verbal, of the
intention to apply to a justice of the peace for a
warrant has been given, or that the giving of
notice would defeat the object of the entry;

(b) that there is reasonable cause to believe that
there is on the said premises some contravention
of this Act or any rule made under it and that an
application for admission or notice of an
application for the warrant would defeat the
object of the entry,

the magistrate may by warrant under his hand authorise a
health officer with such servants or workmen as the case
may require, to enter the premises, if need be by force,
with such assistance as he may require and there execute
his duties under this Act.

Application of
rules.

Application of
Act to all
buildings and
vessels, etc.

General power of
entry to premises.

39 of 1963, s. 20.

39 of 1963, s. 20.

HEALTH SERVICES [CH.231 – 27


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Any person obstructing the execution of any
such warrant, or of any warrant granted by a magistrate in
pursuance of any other provision of this Act and
authorising the entry by a health officer with his servants
or workmen into any premises shall be liable on summary
conviction to a penalty of fifty dollars or to imprisonment
for one month.

33. (1) Any person who —
(a) wilfully obstructs any officer of the Minister or

any person duly employed in the execution of
this Act or of any of the rules;

(b) destroys, pulls down, injures or defaces any rule,
notice or other matter put up by authority of the
Minister, or any board or other thing upon which
such rule, notice or matter is placed or inscribed;

(c) wilfully damages any work or property
belonging to the Minister,

shall be liable on summary conviction to a penalty of fifty
dollars or to imprisonment for one month.

(2) Where the occupier of any premises prevents the
owner thereof from obeying or carrying into effect any
provision of this Act or of any of the rules, a magistrate, on
complaint, shall by order require such occupier to permit
the doing of any thing or the execution of any work which
appears to the magistrate necessary for the purposes of
obeying or carrying into effect such provisions of this Act
or of the rules, and if within twenty-four hours after service
on him of the order such occupier fails to comply therewith
he shall be liable on summary conviction to a penalty of
twenty-five dollars for every day during the continuance of
such non-compliance.

(3) If the occupier of any premises, when requested
by any health officer to state the name and address of the
owner of the premises, refuses or wilfully omits to disclose
or wilfully misstates the same, he shall (unless he shows
cause to the satisfaction of the magistrate for his refusal) be
liable on summary conviction to a penalty of fifty dollars or
to imprisonment for one month.

34. (1) Notices, orders and such other documents
under this Act, unless otherwise provided in this Act, shall
be in writing, and when issued by the Minister, shall be


5 of 1987, Sch.

Penalties for
various offences.

5 of 1987, Sch.

5 of 1987, Sch.

5 of 1987, Sch.

Notices,
authentication
and service of.

CH.231 – 28] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

sufficiently authenticated if signed by the Minister or any
health officer, or by the officer by whom the same are
given or served.

(2) Any notice, order or other document required or
authorised to be served under this Act may be served by
delivering the same or a true copy thereof either to the
person to whom it is addressed at his usual or last known
place of abode or business, or where addressed to the
owner or occupier of the premises then to some adult
person on the premises or, if there is no such person on the
premises who can be so served, then by affixing the same
or a true copy thereof on some conspicuous part of the
premises:

Provided that any such notice may in cases of
emergency be given verbally to the person on whom this
Act requires or authorises the same to be served.

(3) Any notice or other document required or
authorised for the purposes of this Act to be served on or
given to the Minister shall be deemed to be duly served or
given if in writing delivered at the office of the Minister;
and any notice or other document to be so served on or
given to a health officer, medical officer or medical
practitioner shall be deemed to be duly served or given if in
writing delivered at the office or residence of, and
addressed to, such officer or practitioner.

(4) Any notice by this Act required to be served on
or given to the owner or occupier of any premises may be
addressed by the description of the “Owner” or “Occu-
pier” of the premises (naming them) in respect of which
the notice is served or given without further name or
description.

35. (1) All offences and penalties under this Act and
the rules shall be prosecuted and recovered in accordance
with the law for the time being in force regulating the
procedure before magistrates.

(2) All expenses directed by this Act to be
recovered in a summary manner shall be recovered in
accordance with the law for the time being regulating the
recovery of debts before magistrates:

Provided that if the amount sought to be recovered
exceeds the pecuniary jurisdiction of a magistrate the same
shall be sued for and recovered in the Supreme Court only.

Method of
recovering
penalties and
expenses.

39 of 1963, s. 24.

HEALTH SERVICES [CH.231 – 29


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

36. The Minister may appear before any court or in
any legal proceedings under or arising out of this Act by a
health officer or by any person authorised in writing
generally or in respect of any special proceedings so to
appear.

37. When the Minister has by virtue of this Act or
the rules, power to examine or enter any premises whether
a house, building, ship, tent, van, shed, structure or place,
open or enclosed, any officer authorised by him may enter
or examine with such workmen and servants as may be
necessary for the execution of any work to be done.

38. If in any proceedings in any court any question
shall arise whether any person is a medical officer of
health, a medical officer, a medical practitioner, a health
officer, or any person authorised to perform any duty under
this Act, his own evidence thereof or any other evidence of
his having acted in such capacity shall be deemed
sufficient until the contrary be proved.

39. Where a commissioner is unable from interest or
any other cause whatsoever to hear and determine any
proceedings taken under this Act or the rules, the powers
and duties imposed and conferred on him by this Act may
be exercised in an Out Island district by a circuit justice
while on circuit, and for this purpose he is hereby invested
with original jurisdiction.

40. All powers, rights and remedies given by this
Act shall be in addition to and not in derogation of any
other powers, rights and remedies conferred by any Act,
law or custom and all such other powers, rights and
remedies may be exercised and put in force in the same
manner and by the same authority as if this Act had not
been passed:

Provided that no person shall be punished for the
same offence both under the provisions of this Act and
under any other Act or law.

41. Any person who wilfully commits an offence
against this Act or any rules made thereunder for which no
special penalty is provided by this Act or any rule made
thereunder, shall be liable on summary conviction in the
case of a first conviction for such offence to a fine not
exceeding one hundred dollars or to imprisonment for a


39 of 1963, s. 25.

Legal
proceedings by
the Minister.

Power of entry to
examine or
inspect.

Evidence of
persons
authorised to
perform duties.
39 of 1963, s. 26.

When a
commissioner is
unable to
adjudicate.

39 of 1963, s. 27.

Provisions of Act
not to be in
derogation of
other legal
provisions and
rights.

General penalty.
24 of 1975, s. 4.

CH.231 – 30] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

term not exceeding one month and in the case of a second
or subsequent conviction for such offence to a fine not
exceeding five hundred dollars or to imprisonment for a
term not exceeding six months.

42. (1) The Minister may from time to time by
Order —

(a) vary the list of diseases included in the definition
of infectious diseases in this Act by striking out
any disease therefrom or adding any disease
thereto;

(b) declare that the expression “infectious disease”
in any section of this Act shall not apply to any
disease named in the Order.

(2) It shall be lawful for the Minister —
(a) to order any cargo, or portion of a cargo, which

the Minister may consider to be in putrescent
state, or which might in his opinion, be likely to
promote the spread of disease, to be destroyed
and also, if deemed necessary, to order the
unloading of the cargo of any vessel, and to
order, direct and regulate the manner in which
the place where any such cargo as last aforesaid
shall be landed and stored;

(b) during the existence in The Bahamas of any
formidable epidemic, endemic, infectious or
contagious disease to make such provision for
the dispensing of medicines, and for affording to
poor and indigent persons afflicted by or
threatened with such epidemic, endemic, infec-
tious or contagious disease, such medical and
other necessary aid as may be required.

43. Any expenses incurred in carrying out the
provisions of this Act other than the provisions for the
carrying out of which any money shall have been granted
by the annual Appropriation Act shall be payable out of the
Consolidated Fund by warrant in the usual manner.

44. (1) All immovable property which immediately
prior to the seventh day of January 1964 was vested in the
Health Board under the provisions of section 5 of the
Medical Department Act, 1931 is hereby vested with effect
from such date in the Treasurer to be held by him in trust


Power to
Minister to vary
interpretation of
infectious
disease, etc.
E.L.A.O., 1974.

E.L.A.O., 1974.

Expenses.

Property vested
in Treasurer.
39 of 1963, s. 29.
5 of 1931.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

for Her Majesty in right of Her Government of the Bahama
Islands for the purposes of this Act.

(2) All movable property which immediately prior
to the said date was vested in the said Health Board or any
member of the Medical Department for and on behalf of
the Governor is hereby vested in the Minister for the
purposes of this Act.

45. Nothing in this Act contained shall affect any
contract that was valid and subsisting immediately prior to
the seventh day of January 1964 and which had been
entered into by the Health Board or any local Health Board
(abolished by the Health Services Amendment Act, 1963,
on the said date) and any such contract shall be deemed to
be a contract entered into by the Minister on behalf of the
Government of The Bahamas.

46. All persons who immediately prior to the
seventh day of January 1964 were in the service of the
Medical Department of the Colony or the Health Board
which was abolished on the said date shall for the purposes
of any other enactment be deemed to be in the service of
the Health Department established under the provisions of
this Act and on the same conditions and without any break
in service.

SCHEDULE (Section 28(1))
Baker.
Barber, or any similar trade or calling in which the person
employed necessarily comes into contact with other persons.
Boatmen and stevedores on any boat carrying passengers or
cargo.
Bootmaker.
Butcher.
Cook, or any trade or calling in which the person employed
handles or comes in contact with articles of food or drink, drugs,
medicines or tobacco in any form.
Dairyman, or any situation or calling in which the person
employed comes in contact with cows or other animals kept for
the purpose of furnishing milk.
Domestic servant.
Fishmonger.

Contracts.
43 of 1964, Third
Sch.

39 of 1963.

Serving officers.
39 of 1963, s. 30.

CH.231 – 32] HEALTH SERVICES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Licensed hackney carriage driver.
Makers for sale of baskets, mats, hats and other straw goods.
Nurse.
Tailor, dressmaker or any trade or calling in which the person
employed manufactures, handles or comes in contact with
wearing apparel.
Washer.

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