BOARD OF DIRECTORS FOR MENTAL HEALTH SERVICES [ S.L.528.07 SUBSIDIARY LEGISLATION 528.07 BOARD OF DIRECTORS FOR MENTAL HEALTH SERVICES REGULATIONS 3rd May, 2021* LEGAL NOTICE 343 of
- The title of these regulations is the Board of Directors for Mental Health Services Regulations.
- In these regulations, unless the context otherwise requires - "Act" means the Health Act; Citation. Interpretation. Cap.
- "Board" means the Board of Directors for Mental Health Services established by regulation 3; "chief executive officer" means the person responsible for the management of a licensed facility as established by article 2 of the Mental Health Act; "clinical director" means the specialist responsible for the clinical care provided by a licensed facility as established by article 2 of the Mental Health Act; "Commissioner" means the Commissioner for the Promotion of Rights of Persons with Mental Disorders established by article 5 of the Mental Health Act; Cap.
- Cap.
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- "Minister" means the Minister responsible for Health. 3.
(1)There shall be established a board, to be known as the Board of Directors for Mental Health Services, which shall consist of a Chairman and such number of other members not being less than six who shall be appointed by the Minister.
(2)The Chairman and the members of the Board of Directors appointed by the Minister shall include: (
- a)a member from the medical profession; (
- b)a member from the nursing profession; (
- c)a member from the professions within the Allied Health Care Services Directorate; (
- d)a member from the financial profession; (
- e)a member from the public; (
- f)a member representing the Minister; (
- g)ex officio the Clinical Director of Mount Carmel Hospital as a non-voting member; (
- h)ex officio the Chief Executive Officer of Mount Carmel Hospital as a non-voting member.
(3)Subject to the provisions of this regulation, the office of a member of the Board shall become vacant - *See Legal Notice 202 of 2021. Setting up of the Board. 1 2 [ S.L.528.07 BOARD OF DIRECTORS FOR MENTAL HEALTH SERVICES (
- a)at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or (
- b)if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified for appointment as such.
(4)A member of the Board may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit to continue in office or has become incapable of properly performing his duties as a member, whether arising from infirmity of mind or body or any other cause, or for misbehaviour.
(5)The Board will be responsible and accountable for its performances only to the Minister.
(6)A nominal remuneration shall be due to the Chairman as agreed in the instrument of his appointment. There shall be no remuneration due to ordinary members. Meetings of the Board. 4.
(1)The meetings of the Board shall be called by the Chairman as often as may be necessary but at least once a month either on his own initiative or at the request of any two of the other members.
(2)Half the number of members for the time being constituting the Board, shall form a quorum. Decisions shall be adopted by a simple majority of the votes of the members present and voting. The Chairman, or in his absence the Deputy Chairman or other member appointed to act as chairman, shall have an initial vote and in the event of an equality of votes, a casting vote.
(3)Subject to the provisions of the Act and, or these regulations, the Board may regulate its own procedure.
(4)Subject to the foregoing provisions of this regulation, no act or proceeding of the Board shall be invalidated merely by reason of the existence of any vacancy among the members. Functions and responsibilities of the Board. 5.
(1)In general it shall be the responsibility of the Board to advise the Minister on a high-level strategic vision for the mental health services offered by the national health system, including at Mount Carmel Hospital, as well as to ensure that the executive decision-making process follows the lead established by the same strategic vision.
(2)In particular, the functions and duties of this Board shall include: (
- a)the setting of targets and measurable objectives for the mental health services; (
- b)advising the Minister upon strategies and objectives for the mental health services; (
- c)the cooperation on mental health issues within its remit with local and international organisations; (
- d)carrying out such other function or functions as the Minister may from time to time determine and direct; BOARD OF DIRECTORS FOR MENTAL HEALTH SERVICES [ S.L.528.07 (
- e)implementing any other matter required for the fulfilment of its mission, and for the execution of duties pertaining to the State: Provided that the clinical responsibility for mental health services shall remain vested in the clinical director as established by the Mental Health Act: Provided further that notwithstanding the provisions of regulation 3, the administrative and management responsibility shall remain vested in the chief executive officer as established by the Mental Health Act: Provided also that, without prejudice to any other provision contained in any other legislation and, or in the instrument of his appointment, besides his other functions and responsibilities, it shall also be the responsibility of the chief executive officer to implement the decisions regarding the operation of the mental health services taken by the Board: Provided finally that nothing in these regulations shall have any effect on the duties and functions vested in the Commissioner. Cap. 525. Cap. 525. 3