(As introduced in the National Assembly as a section 76(1) Bill)
(The English text is the official text of the Bill)
(MINISTER OF HEALTH)
[B -2000]
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
To amend the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, in order to extend the terms of office of the members of the Chiropractors, Homeopaths and Allied Health Service Professions Interim Council, retrospectively; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:C
Amendment of section 3 of Act 63 of 1982, as amended by section 4 of Act 40 of 1995 and section 1 of Act 91 of 1997
1. Section 3 of the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, is hereby amended by the substitution for paragraph (e) of the following paragraph:
"(e) to make recommendations to the Minister on the constitution of the new council within a period not exceeding [36] 60 months calculated as from the date of commencement of the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Act, 1995 (Act No. 40 of 1995); and".
Amendment of section 5 of Act 63 of 1982, as substituted by section 6 of Act 40 of 1995 and amended by section 2 of Act 91 of 1997
2. Section 5 of the Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982, is hereby amended by the substitution for subsection (6) of the following subsection:
"(6) Subject to the provisions of section 6, the members of the council shall hold office as from the date contemplated in subsection (5) until the date of the constitution of a new council but not exceeding a period of [36] 60 months.".
Short title
This Act is called the Chiropractors, Homeopaths and Allied Health Service Professions Amendment Act, 2000, and must be regarded as having come into operation on 13 February 1999.
MEMORANDUM ON THE OBJECTS OF THE CHIROPRACTORS, HOMEOPATHS AND ALLIED HEALTH SERVICE PROFESSIONS AMENDMENT BILL, 2000
The Chiropractors, Homeopaths and Allied Health Service Professions Interim Council (the "Interim Council") was established in February 1996 to replace the Chiropractors, Homeopaths and Allied Health Service Professions Council.
One of the objects of the Interim Council was to make recommendations to the Minister of Health on the constitution of a new council. However, the terms of office of the members of the Interim Council have expired on 12 February 1999 before the Interim Council could make the recommendations and a new council be established.
The Bill seeks to extend the terms of office of the members of the Interim Council retrospectively, in order that the Interim Council may make recommendations to the Minister on the constitution of a new council and prepare for the election of members to the new council.
The State Law Advisers and Department of Health are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) or(2) of the Constitution since it falls within a functional area listed in Schedule 4 to the Constitution, namely "Health services".