National Health Services Act, 1995
- Commenced on 2 March 1996 by National Health Services (Commencement) Order, 1996
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Health Services Act*.*The National Health Services Act came into operation with effect from the 2nd March, 1996 (SI No. 36 of 1995)
2. InterpretationIn this Act, unless the context otherwise requires—"assisted non-Governmental health provider" means any non-Government health provider who or which receives a grant from Government; but does not include a hospital run by a management board;"Board" means the Central Board of Health established under section three;"Chairperson" means the person appointed Chairperson under sections eight and fifteen;"Director-General" means the person appointed Director-General under section nine;"Executive Director" means the person appointed Executive Director under section sixteen and includes Director;"Government hospital" means a hospital or health service which is owned, fully financed or managed by or on behalf of the Government; but does not include an assisted non-Government health provider;"health provider" means a person or an organisation who or which provides health services;"health service" includes primary care services, public health services, clinical services, hospital services and palliative care;"hospital" includes any medical institution, providing in patient health care including health services, surgery, obstetrics, gynaecology, medicine, paediatrics and laboratory or other specialised or supportive services;"management board" means the management board established under section twelve;"professional staff" means any person holding such qualifications in such health field as may be prescribed by the Minister by statutory instrument;"repealed Act" means the Medical Services Act, 1985;[Act No. 14. of 1985]"Secretary" means the person appointed secretary under sections nine and sixteen;"specialist" means any person holding such post-graduate qualifications as are recognised by the Medical Council of Zambia and who is registered on the specialist register;"Vice-Chairperson" means the person appointed Vice-Chairperson under sections eight and sixteen;
Part II – The Central Board of Health
3. Establishment of Board
4. Functions of BoardThe functions of the Board shall be—
5. Power to direct inquiries
6. General duty of Local Authority
7. Board to perform functions of failing Local Authority
8. Composition of Board
9. Director-General and other staff
10. Restriction on execution against property of BoardNotwithstanding anything to the contrary contained in any written law, where any judgement or order has been obtained against the Board, no execution or attachment, or process of any nature, shall be issued against the Board or against any property of the Board, but the Director-General shall cause to be paid out of the revenue of the Board such amounts as may, by the judgement or order, be awarded against the Board to the person entitled thereto.
Part III – Management boards
11. Establishment of management boards
12. Functions of management board
13. Restriction on execution against property of management boardNotwithstanding anything to the contrary contained in any written law, where any judgement or order has been obtained against the management board no execution or attachment, or process of any nature, shall be issued against the management board or against any property of the management board, but the Executive Director or Director, as the case may be, shall cause to be paid out the revenue of the management board such amounts as may, by the judgement or order, be awarded against the management board to the person entitled thereto.
14. Composition of management board
Part IV – Members of staff, discoveries and discipline
15. Executive Director and other staff
16. Employment of staffThe management board may employ such staff on such terms and conditions as it may determine in consultation with the Minister.
17. Transfer of staff from the public service
18. Secondment to another management board
19. Relationship with outside specialists and teaching staffSubject to any regulations made under this Act, the management board may, in consultation with the Minister, determine the terms and conditions (including the payment of fees) on which—
20. Rights of board in discoveriesWhere any person employed by the management board on full-time or part-time basis, or carrying out teaching or clinical duties or research at the hospital, makes any discovery, invention, or improvement in the course of his duties, the management board shall be deemed to be the owner for all purposes of the rights therein:Provided that the management board may pay to such persons such bonus, fees or royalties therefor, or make such arrangements for such person to share in the profits derived therefrom, as the management board may determine.
21. Discipline of staffThe Minister may, by statutory instrument, regulate the procedures for disciplinary action by a management board over its staff, including the removal of any such staff from office.
22. RegulationsThe Minister may, by statutory instrument, make regulations for the better carrying out of the purposes of this Act.
23. RepealThe Medical Services Act, 1985, Part II of the Public Health Act and item 40(a) of the Second Schedule of the Local Government Act are hereby repealed.[Act No. 14 of 1985; Cap. 535 of the old edition; Act No. 220 of 1991]
History of this document
31 December 1996 this version
02 March 1996
Commenced by National Health Services (Commencement) Order, 1996