(b) his or her appointment or promotion has contravened or would contravene, as the case may be, any condition under which the power was delegated; the Board shall without delay revoke the appointment or promotion or direct that the appointment or promotion shall not be made, as the case may be, and may take such other action in the matter as the Board think necessary: Provided that— (i) before taking any action in terms of this subsection, the Board shall give the person whose appointment or promotion is in issue and the person who appointed or promoted him or her or proposed to appoint or promote him or her, an adequate opportunity to make representations in the matter; (ii) where a person has been appointed or promoted and the Board is satisfied that the appointment or promotion was not effected as a result of any fraud or wilful misrepresentation on his or her part, the Board shall not revoke the appointment or promotion. (6) This section shall not be construed as limiting any power which the Board or any other person may have under any other law to delegate functions to another person. 7 Reports of Board (1) The Board— (a) shall report to the Minister as occasion requires and shall, within three months after the 31st December in that year, submit to the Minister an annual report dealing generally with all the proceedings and activities of the Board during that financial year. and (b) may at any time submit to the Minister a special report on any matter upon which the Minister requests the Board to report. (2) The Minister shall lay before Parliament on one of the fourteen days on which Parliament next sits after the reports are received by him or her— (a) the annual report submitted to him or her in terms of subsection (1)(a); and (b) any special report submitted to him or her in terms of subsection (1)(b) which the Board requests be laid before Parliament. 8 Minister may give policy directions to Board (1) The Minister may give general directions of policy to the Board and the Board shall take all necessary steps to comply with them. (2) If the Board has failed to carry out any duty imposed upon it by this Act or any other law, the Minister may direct the Board to take such action as he or she considers necessary to rectify the matter within such time as he or she may specify: Provided that before doing so the Minister shall give the Board an opportunity to make such representations as it may wish to make in the matter. (3) If the Board fails to take action in accordance with a direction in terms of subsection (2) within the time specified by the Minister, the Minister may take appropriate action on behalf of the Board to rectify the matter. PART III MEMBERSHIP OF HEALTH SERVICE 9 Constitution of Health Service The Health Service shall consist of the following persons— (a) every person who occupies a post in the Ministry responsible for the delivery of health services, which is required to be held by a medically qualified person; and (b) every person, whether or not medically qualified, who is employed to assist any person referred to in paragraph (a); and (c) every person employed by a Government hospital; and (d) every person employed by local authority or mission hospital who is transferred to the Health Service in terms of section 33; and (e) such other persons in the employment of the State as are mentioned in section 33. 10 Appointment of Health Service Secretariat (1) The Board shall appoint the Health Service Secretariat and such other members of staff as may be necessary for the proper functioning of the Health Service. (2) The Executive Chairperson shall, subject to the general control of the Board, be responsible for— (a) managing the affairs of the Health Service and implementing the decisions of the Board; (b) providing technical advice to the Board; (c) co-ordinating work programmes;