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Department of Health (Constitution) Ordinance (Cap. 94) Consolidated

CHAPTER 94

DEPARTMENT OF HEALTH (CONSTITUTION) ORDINANCE

To provide for the re-organization of certain departments and for the establishment of a

Department of Health in Malta.

1st November, 1937

ORDINANCE XXX of 1937,* as amended by Ordinance XI of 1943; Proclamation IX of

1947; Emergency Ordinance I of 1959; Ordinances V of 1959, XXVIII of 1961 and XXV of

1962; Act I of 1962; L.N. 4 of 1963; Act II of 1964; L.N. 46 of 1965; Acts XXIII and XXVI of

1968, XIV of 1969, XLI of 1972, XIX of 1973, X, XXXII and LVIII of 1974; L.N. 148 of 1975; Acts LVII of 1975, XXVI of 1976, XLIX of 1981, VIII of 1983, X of 1984, XIII of 1986 and XII

of 2003; Legal Notice 346 of 2008; and Act V of 2011.

ARRANGEMENT OF ORDINANCE

Schedule

*See Government Notice No. 530 of 1940.

Short title. Amended by: XIV. 1969.2.

Interpretation.

Added by:

I. 1959.2.

Amended by:

XXVIII. 1961.2;

XXV. 1962.4;

L.N. 4 of 1963;

L.N. 46 of 1965;

XIV. 1969.3;

XIX. 1973.2;

LVIII. 1974.68;

LVII. 1975.2;

VIII.1983.2.

1. The short title of this Ordinance is the Department of

Health (Constitution) Ordinance.

2. In this Ordinance, unless the context otherwise requires - "apothecary" means a person licensed by the President of Malta

to practise as apo t hecary i n Malta and registered in th e
Apothecaries’ Register;
"the Board" means the Advisory and Executive Board;
"the Committee" means the Hospital Management Committee;
"consultant staff" means the holders of such offices, connected with hospital duty, as the Minister shall from time to time designate by notice in the Government Gazette;
"the Council" means the Medical Council;
"dental surgeon" means a person licensed by the President of Malta to practise as dental surgeon in Malta and registered in the Dental Surgeons’ Register and includes a person licensed by the President of Malta to prac tise as dentist and registered in su ch register;
"the department" means the Department of Health;
"enrolled nurse" means a person whose name is entered in the
Roll of Nurses;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
"medical practitioner" means a person licensed by the President of Malta to practise the medical profession in Malta and registered in the Medical Register;
"midwife" means a person licensed by the President of Malta to pract i se as mi dwif e i n Mal t a and r e gi ster ed in the Regi ster of Midwives;
"Minister" means the Minister responsible for the Department;
"professional and ethical standards" include the standard of the general conduct of th e members of a profession , as well as the behaviour of such member towards his client or the patient under his care or being attended by him, during or consequential to the exercise of his profession;
"registered nurse" means a person whose name is entered in any part of the Register of Nurses;
"veterinary surgeon" means a person licensed by the President of Malta to practise as a veterinary surgeon in Malta and registered in the Veterinary Surgeons’ Register.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE DEPARTMENT OF

HEALTH

3. There shall be a Department of Health.

4. (1) The Head of the Department of Health shall be the

Chief Government Medical Officer.
(2) There shall also be a Superintendent of Public Health who shall carry out those functions assigned to him under the Public Health Act or any other law.

Department of Health. Amended by: XIV. 1969.5.

Chief Government Medical Officer to be Head of the Department of Health and Superintendent of Public Health. Amended by.

XIV. 1969.6. Substituted by: V. 2011.17. Cap. 465.

5. The following officers shall also belong to the department: (a) the Principal Medical Officers;
(b) the Senior Medical Officers, the Medical Officers of
Health, the Medical Superintendents, the Port Medical
Officers, the School Medical Officers, the School
Dental Surgeons, the Child Health Officers, the District Medical Officers, the Visiting and Resident Medical and other staff of the hospitals and
establishments forming part of the department;
(c) the Senior Public Health Laboratory Officer, the Pathologists, the Bacteriologists, the Occupational Hygiene Officer, the Analysts and other laboratory staff;
(d) the Sanitary Engineering Officer, the Health Inspectors, the Dental Hygienists, the Midwives, the Health Visitors and the Nurses; and
(e) such other officers as the Prime Minister may appoint from time to time.

Other officers of the Department. Amended by:

XI. 1943.2; L.N. 4 of 1963.

Substituted by: IV. 1969.7. Amended by:

V. 2011.18.

6. The department shall comprise such establishments and services as may from time to time be declared by the Minister to form part of the department.

Establishments and services under the department. Amended by:

L.N. 4 of 1963; XIV. 1969.8; LVII. 1975.3. Substituted by: XLIX. 1981.6.

PART II

Constitution of Council of Health. Amended by: Procl. IX of 1947; VII. 1959.3; XXVIII. 1961.3; XXV. 1962.4;

L.N. 46 of 1965; XLI. 1972.3.

Substituted by: XXXII. 1974.2.

Amended by: LVIII. I 974.68; L.N. 148 of 1975.

COUNCIL OF HEALTH

7. (1) There shall be a Council of Health. (2) Such Council shall consist of -

(a) the Minister, who shall be Chairman;
(b) the Attorney General or his representative, being either the Deputy Attorney General or a Senior Counsel for the Republic;
(c) the Chief Government Medical Officer; (d) the Professor of Medicine;
(e) one Consultant Psychiatrist;
(f) one medical practitioner with experience in community medicine;
(g) a representative of a trade union representing industrial workers;
(h) two members with experience in human ecology, one of whom shall be a member of the teaching staff of the University of Malta; and
(i) an industrialist.
(3) The members referred to in subarticle (2)(e), (f), (g), (h) and ( i ) shall be appo inte d by the Minister for such term as the Minister shall decide from time to time.
(4) The Minister shall appoint an officer of the department to be secretary.
(5) Membership of the Council shall be honorary and unpaid.

Power to appoint sub-committees. Added by:

XXXII. 1974.3.

Vacancy among members. Amended by: XXXII. 1974.4.

Duty of Council to advise Government. Amended by:

XXV. 1962.5.

8. The Council of Health shall have power to appoint sub- committees and to co-opt thereon members who are not members of the said Council.

9. The Council of Health, which shall meet at least once every three months, shall not be disqualified for the transaction of business by reason of any vacancy among the members of such Council.

10. It shall be the duty of the Council of Health, whenever required by the Minister, to advise -

(a) on any matter with regard to which the law provides that the advice of the Council shall be taken,
(b) on any matter affecting the public health in Malta.

Power of Council to make recommendations.

Meetings of

Council.

11. The Council of Health shall have power to recommend any such measures, enquiries or scient ific investigations as, in their opinion, are useful in the interests of the public health.

12. (1) The Council of Health shall hold its meetings at such time and place as shall be stated in the notice calling the meeting.

(2) The decisions of the Council shall be taken by a majority of
votes.
(3) The Chairman shall have an original vote and, in case of equal division of votes, also a second or casting vote.

13. It shall not be lawful for the Council to transact any business unless there are at least four of its members present:

Provided that, if the Council is convened to consider any matter upon which its advice is urgently required by the Government, the Council may decide by a majority of the members present.

Quorum.

14. If the Chairman is absent from any meeting of the Council the senior official member present shall preside.

15. The Minister may make, vary or revoke regulations for the proper conduct of the business of the Council of Health.

Senior official member to preside in absence of Chairman. Substituted by: Procl. IX of 1947.

Power of Minister to make regulations. Amended by:

L.N. 4 of 1963.

PART III

APPOINTMENT, DUTIES, AND POWERS OF THE OFFICERS OF THE

DEPARTMENT

16. (1) The Chief Government Medical Officer shall be the chief adviser to the Government on any matter relating to the public health or relating to or in connection with the health services.

(2) He shall from time to time inspect the hospitals and other establishments and services forming part of his department, as well as, whenev er requir e d b y the Minister , ot her governmen t institutions, and shall bring to the notice of the Minister any defects
or requi rements he may h a ve o b served, makin g su ch recommendations as he may deem proper.
(3) As soon as practicable after the end of each year, the Chief Government Medical Officer shall make to the Minister a report on t h e health cond iti ons o f Mal t a and on the w o rk ing of the establishments and services forming part of his department.
(4) The Chief Government Medical Officer may delegate any of the duties or powers assigned to or conferred upon him by any law or regulation which is now or may hereafter be in force to any Principal Medical Officer or to any Senior Medical Officer, or any other officer of his department as the exigencies of the service may require.

Duties and powers of Chief Government Medical Officer. Amended by:

L.N. 4 of 1963. XIV. 1969.9.

17. (1) It shall be the duty of the Principal Medical Officers to assist the Chief Government Medical Officer and the Minister in th e planni ng , directio n, develo pm ent and administra ti on of th e health services.

(2) The Principal Medical Officers shall moreover -
(a) deal with international health matters and relative

Powers and duties of Principal Medical Officers. Substituted by: XIV. 1969.10.

commitments;
(b) propose and formulate any such legislative measures as may be necessary in relation to health services;
(c) control, supervise and coordinate the organisation and administration of the health services; and
(d) perform such other duties as may be delegated or assigned to them by the Chief Government Medical Officer or as may be assigned to them by or under any law or regulation.

Powers and duties of Senior Medical Officers. Substituted by: XIV. 1969.11.

18. (1) The Senior Medical Officers shall be the executive officers in the administration of the health services and shall, in the execution of their duty, be responsible in particular for the conduct of -

(a) the environmental and public health services, including the personal health services;
(b) the occupational health services, including radio- logical protection and air pollution control; and
(c) other community health services, including the district medical service.
(2) The Senior Medical Officers shall moreover perform such other duties as may be delegated or assigned to them by the Chief Government Medical Officer or by any Principal Medical Officer, or as may be assigned to them by or under any law or regulation.

Power of Minister to make regulations. Amended by:

L.N. 4 of 1963.

19. The Minister may make regulations in respect of all or any of the following matters:

(a) the qualifications to be held, the duties to be performed and the powers to be exercised by the professional, administrative and other personnel of the department;
(b) the management and administration of any of the establishments or services forming part of the department;
(c) the maintenance of good order in the said establishments and services.

Substituted by: I. 1959.3.

The Medical Council. Amended by: XXVIII. 1961.4; L.N. 46 of 1965; XXIII. 1968.2; LVIII. 1974.68;

L.N. 148 of 1975; XXXVI. 1976.2;

VIII. 1983.3.

PART IV

THE MEDICAL COUNCIL

20. Repealed by: XII. 2003.52.

21. Repealed by: XII. 2003.52.

22. Repealed by: XII. 2003.52.

23. Repealed by: XII. 2003.52.

Registrar of the

Council.

Term of office. Amended by: XXVIII. 1961.6; L.N. 46 of 1965; LVIII. 1974.68; XXXVI. 1976.3.

Duties of Council. Substituted by: XXIII. 1968.3. Amended by: LVIII. 1974.68.

PART V

ADVISORY AND EXECUTIVE BOARD

24. (1) There shall be a Board to be called the Advisory and Executive Board which shall exercise and perform the functions assigned to it by this Ordinance.

(2) The Board shall consist of the following members -
(a) a Chairman, who shall not be a medical practitioner, appointed by the President of Malta;
(b) four ex officio members, who will be the Chief Government Medical Officer, two medical officers appointed by the Minister, being Principal Medical Officers or Senior Medical Officers, and the Dean of the Faculty of Medicine and Surgery at the University of Malta;
(c) two medical practitioners appointed by the President of Malta;
(d) six elected members.
(3) The six elected members shall be -
(a) five medical practitioners, of whom one at least shall be a member of the consultant staff at St. Luke’s Hospital, elected by secret ballot by the medical practitioners ordinarily resident in Malta; and
(b) one dental surgeon elected by secret ballot by the dental surgeons ordinarily resident in Malta.
(4) The Chief Government Medical Officer, after consultation with the Chairman of the Board, shall appoint an officer of the department to act as Secretary of the Board.
(5) The Board may discuss, decide and in any manner act notwithstanding any vacancy among its members.

Added by: I. 1959.5.

Advisory and Executive Board. Added by:

I. 1959.5. Substituted by:

XXIII. 1968.4. Amended by:

XIV. 1969.12; XIX. 1973.3; LVIII. 1974.68;

L.N. 148 of 1975; XXXVI. 1976.4; VIII. 1983.4.

25. (1) The Chairman shall hold and vacate his office in accordance with the terms of his appointment; but may at any time resign his office by notice in writing to the President of Malta.

(2) The members referred to in article 24(2)(d) shall be elected for a term of three years.
(3) The members appointed under article 24(2)(b) or (c) shall

Term of office.

Added by:

I. 1959.5.

Amended by:

L.N. 46 of 1965;

XXVI. 1968.2;

LVIII. 1974.68;

XXXVI. 1976.5;

VIII. 1983.5.

hold office for such period and on such terms and conditions as the Minister or the President of Malta, as the case may be, may deem appropriate, and who may at any time terminat e any such appointment.
(4) Any member appointed or elected, as the case may be, under article 24(2)(c) or (d) may at any time resign his office by notice in writing to the Chairman of the Board.
(5) When a vacancy occurs in the composition of the Board, a new appointment shall be made or an election held, as the case may be, within a period of one month from the date of such vacancy.

Duties of the

Board.

Added by:

I. 1959.5.

Amended by:

L.N. 4 of 1963;

XXIII. 1968.5;

XIV. 1969.13;

L.N. 148 of 1975.

26. (1) It shall be the duty of the Board -

(a) to advise the Minister on any matter relating to or in connection with the government health services, including proposals for new developments or the reorganisation of such services;
(b) to advise the Minister on the terms and conditions of service and the transfer and promotion of the government servants specified in the Schedule;
(c) to appoint selection committees for recommending medical appointments (other than appointments made conjointly with the University of Malta) to be made by the Prime Minister;
(d) to advise the Minister in respect of disciplinary proceedings against medical practitioners in the government service in their capacity as public officers; and
(e) to carry out the duties assigned to it by any law or regulation:
Provided that in respect of the selection committees mentioned i n pa ra grap h ( c ), every such c o mmittee shall be c o mposed a s follows:
(i) two members, selected from amongst the persons specified in article 24(2)(b) and (c);
(ii) two members, selected from amongst the persons specified in article 24(2)(d); and
(iii) one other member.
(2) For the avoidance of doubt, the duty of the Board to advise the Minister on the terms and conditions of service and the transfer and prom oti on of the g overnm e nt serv an ts sp eci f ied i n the Schedule shall not be deemed to affect their status and rights as government servants nor the operation in relation to them of any negotiating machinery which is established or may from time to time be established for the consideration of matters affecting public service.
(3) Where any matter which is within the competence of the Board, comes befo re any body which is part of th e nego ti ating machinery mentioned in subarticle (2) for consideration, the advice of the Board shall be sought in relation to any such matter.

27. (1) The Prime Minister may make regulations in respect of d i scipli nary proceed i ng s ag ai nst medi cal pract iti oners i n government service in their capacity as public officers and, without prejudice to the generality of the foregoing power, such regulations may provide for -

(a) the appointment of a committee to conduct an inquiry; (b) the composition of any such committee, which shall
consist of at least two doctors, of whom one shall be chosen from amongst the persons mentioned in article
24(2)(b) and (c) and another one from amongst the persons mentioned in subarticle (2)(d) of that article;
(c) the procedure to be adopted by the committee in the inquiry;
(d) the representation of the officer during the proceedings;
(e) the rules of evidence to be observed; and
(f) the reference of the evidence and the findings of the committee to the Board for their advice.
*(2) Any proceedings taken under any regulations made under the fo reg o in g su bar t i c le sh all be wi tho u t pr eju d ice to any proceedings which m a y be take n against the person concerned under the provisions of the Criminal Code or of any other law, and an y proceed ings taken under any of such law s shall be wi thout p r ejudice to any proceedings taken under any regulations as aforesaid.
(3) Any regulation made under subarticle (1) shall not be revoked, varied or amended save with the prior approval of the House of Representatives signified by Resolution.

Power of Prime Minister to make regulations. Added by:

I. 1959.5. Amended by:

VII. 1959.3. L.N. 4 of 1963; L.N. 46 of 1965;

XXIII. 1968.6.

Cap. 9.

28. (1) The Board may publish an annual report on its proceedings.

(2) Such report may include a record of such advice given by the Board to the Minist er as in the opin i on of the Board, after consultation with the Minister, is of public interest.

Annual report.

Added by:

I. 1959.5.

Amended by:

L.N. 4 of 1963.

*The reference to the Committees of Inquiry Act, 1948, has been omitted as this Act has been repealed by Act XIX of 1977.

Added by: VIII. 1983.10.

Board for the Professions Supplementary to Medicine.

Added by: VIII. 1983.10.

PART VIII

BOARD FOR THE PROFESSIONS SUPPLEMENTARY TO MEDICINE

35. Repealed by: XII. 2003.52.

36. Repealed by: XII. 2003.52.

37. Repealed by: XII. 2003.52.

Term of office.

Added by:

VIII. 1983.10.

Duties of the Board for the Professions Supplementary to Medicine.

Added by: VIII. 1983.10.

PART IX

HOSPITAL MANAGEMENT COMMITTEES

38. (1) There shall be a Committee to be called Hospital Man a g e ment Co mmi tt ee i n respect o f Sain t Luk e ’s Ho sp it al , hereinafter in this Part referred to as "the Hospital" which shall exercise and perform the functions assigned to it by this Ordinance.

(2) The Committee shall consist of the following members:
(a) a Chairman, who shall not be a medical practitioner, appointed by the President of Malta;
(b) a Principal Medical Officer or a Senior Medical Officer to be appointed by the Minister and the Medical Superintendent of St. Luke’s Hospital as ex officio members;
(c) four members appointed by the President of Malta of whom one shall be appointed from among the pharmacists, pharmacy technicians, nurses, midwives and members of the professions supplementary to medicine employed at the Hospital;
(d) the Dean of the Faculty of Medicine and Surgery at the
University of Malta;
(e) three members, elected by secret ballot by and from the members of the consultant staff of the Hospital.
(3) The Committee may discuss, decide and in any manner act notwithstanding any vacancy among its members.

Added by: I. 1959.5.

St. Luke’s Hospital Management Committee.

Added by: I. 1959.5.

Amended by: L.N. 46 of 1965;

XIV. 1969.15; X. 1974.2; LVIII. 1974.68;

L.N. 148 of 1975; XXXVI. 1976.10; VIII. 1983.11.

39. (1) The Chairman shall hold and vacate his office in accordance with the terms of his appointment, but may at any time resign his office by notice in writing to the President of Malta.

(2) The members elected under article 38(2)(e) shall be so elected for a term of three years.
(3) The members appointed under article 38(2)(b) or (c) shall hold office for such period and on such terms and conditions as the Minister or the President of Malta, as the case may be, may deem appropriate, and who may at any time terminate any such appointment.
(4) Any member appointed or elected, as the case may be, under article 38(2)(c) or (e) may at any time resign his office by notice in writing to the Chairman of the Committee.
(5) When a vacancy occurs in the composition of the
Committee, a new appointment shall be made or an election held,

Term of office.

Added by:

I. 1959.5.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68;

XXXVI. 1976.11.

as the case may be, within a period of one month from the date of such vacancy.

Secretary of Com- mittee.

Added by:

I. 1959.5.

Duties of Committee. Added by:

I. 1959.5. Amended by: V. 1959.6;

I. 1962.69;

L.N. 4 of 1963;

L.N. 46 of 1965;

LVIII. 1974.68;

L.N. 148 of 1975;

XLIX. 1981.6.

Cap. 174.

40. The Chief Government Medical Officer, after consultation with the Chairman of the Committee, shall appoint an officer of the department to act as Secretary of the Committee.

41. (1) It shall be the duty of the Committee in accordance with regulations made by the Minister and such directions as may be given to the Com mittee from time to tim e by the Minister, generally to manage the Hospital on behalf of the Government and in particular -

(a) to prepare for submission to the Government detailed draft estimates of expenditure for the Hospital in respect of the period beginning with such day as may be appointed by the President of Malta and ending with the 31st day of December next following and each subsequent period of twelve months, each such period being hereinafter referred to as a "financial year";
(b) to apply, in the best interests of the Hospital, such monies as may be provided by the Government for the administration of the Hospital out of the Consolidated Revenue Fund in respect of any financial year and to sanction payments within such provision; the application of such monies and any payments made therefrom shall be in accordance with the provisions of the Financial Administration and Audit Act;
(c) to be responsible to the Minister for the proper performance of their respective duties by all members of the staff of the Hospital and in the first instance to consider any complaints regarding the work within the Hospital of any member of the staff;
(d) to maintain the premises forming part of or used in connection within the Hospital;
(e) to maintain the equipment, furniture and other movable property required for the purposes of the Hospital;
(f) to provide to the Faculty of Medicine of the University of Malta such facilities as may have been agreed upon between the Minister and the Council of the University as being required for clinical teaching and research.
(2) The Committee shall answer any inquiry and comply with any request for production of documents which the Minister or any officer delegated by him in that behalf may make regarding the work of the Hospital.

Advice by consultant staff. Added by:

I. 1959.5.

42. It shall be the duty of the consultant staff of the Hospital to advise the Committee on any matter relating to its duties under the preceding article.

43. (1) The President of Malta may by order appoint other Hospital Management Committees to manage other government hospitals or groups of hospitals.

(2) The members of any such Committee shall assume, hold and vacate office in accordance with the terms of such order.
(3) The duties of the Committee shall be defined in the order and shall not exceed those conferred on the Hospital Management Committee by article 41(1).

Appointment of Hospital Management Committees. Added by:

I. 1959.5. Amended by:

L.N. 46 of 1965; LVIII. 1974.68.

PART X

GENERAL SERVICES’ BOARD

44. (1) There shall be a General Services’ Board consisting of the Chief Government Medical Officer as Chairman, and of the Director of Public Works or his representative, the two Principal Medical Officers, a Senior Medical Officer to be appointed by the Min i st er , t h e Seni or Pu bl ic Heal th La borat ory Of ficer , a representative of the Chamber of Architects and Civil Engineers and another person, not in the servi c e of the Government, appointed by the President of Malta.

(2) There shall be a Secretary to the General Services’ Board, who shall be appointed by the President of Malta.
(3) When upon any occasion, the General Services’ Board desires to obt ain t h e adv i ce of any person upon any part icular matt er or matters, t h e Bo ar d may co -op t such person to be a member for such meeting or meetings as may be required, and such person, while so co-opted, shall have all the rights and privileges of a m e m b er, save th at h e sh all no t b e en ti tled t o v o t e up on any question.

Added by: I. 1959.5.

General Services’ Board.

Added by:

I. 1959.5.

Amended by:

XXVIII. 1961.7;

II. 1964.2:

L.N. 46 of 1965;

XIV. 1969.16;

LVIII. 1974.68.

44A. The General Services Board shall respect and apply the principles of good administrative behaviour laid down in article 3 of the Administrative Justice Act.

Observance of the principles of good administrative behaviour.

Added by:

L.N. 346 of 2008.

Cap. 490.

45. The duties of the General Services’ Board shall be to discharge such functions as were prior to the 16th January, 1959 vested in the Medical Board by any law in force in Malta, save such functions as are conferred on the Medical Council, the Advisory and Executive Board, the Phar macy Board, the Nursin g an d Midwifery Board and the Board for the Professions Supplementary to Medicine, by th is Ordinance, the Me dica l and Kindred Professions Ordinance and the regulations made under any of such Ordinances.

Duties of the General Services’ Board.

Added by: I. 1959.5. Amended by:

XXIII. 1968.8; XIX. 1973.5; VIII. 1983.12.

Cap. 31.

Added by: I. 1959.5.

Transaction of business of Council etc. Added by:

I. 1959.5. Amended by:

XXIII. 1968.9; XIX. 1973.6;

VIII. 1983.13.

Legal status of Hospital Management Committees. Added by:

I. 1959.5. Amended by:

L.N. 4 of 1963.

Default powers of President of Malta. Added by:

I. 1959.5. Amended by:

L.N. 46 of 1965; XXIII. 1968.10; XIX. 1973.7;

LVIII. 1974.68; VIII. 1983.14; X. 1984.2;

XIII. 1986.2.

Cap. 31.

First elections, first appointments. Added by:

I. 1959.5. Amended by:

LN. 46 of 1965; XXIII. 1968.11; XIX. 1973.8;

LVIII. 1974.68; VIII. 1983.13.

Saving. Amended by: I. 1959.6;

L.N. 46 of 1965; XXIII. 1968.12;

XIV. 1969.19; XIX. 1973.9;

LVIII. 1974.68; VIII. 1983.15.

PART XI

GENERAL

46. Repealed by: XII. 2003.52.

47. A Hospital Management Committee appointed under this Ordinance shall, notwithstanding that it is exercising functions on behalf of the Minister, be entitled to enforce any rights acquired an d shall b e l i ab le in respect of any liabil ities incurred i n th e exercise of those functions in all respects as if the Committee were acting as a principal, and all proceedings for the enforcement of such rig h ts and liabilities shal l be broug ht by and against the Committee.

48. Repealed by: XII. 2003.52.

49. Repealed by: XII. 2003.52.

PART XII

SAVING PROVISIONS

50. (1) The conditions of appointment and the duties of, as well as the powers conferred on any of the officers mentioned in the enactment repealed by this Ordinance, shall continue to be in force un til such time as the President of Malta shall otherwise prescribe in accordance with the provisions of article 19.

(2) Any regulations in force prior to the commencement of this Ordinance respecting the management, administration and good orde r of any establishment hereby declared to form pa rt of the Department of Health shall continue to be in force until such time as the President of Malta shall otherwise prescribe in accordance with the provisions of article 19.
(3) Part III of this Ordinance shall be read subject to the provisions of Parts IV, V, VI, VII, VIII and IX thereof.

SCHEDULE

[Article 26]
Medical Practitioners
Dental Surgeons

Added by: I. 1959.7. Amended by: XXVIII. 1961.8; XIX. 1973.10; VIII.1983.16.