PART II HEALTH SERVICE BOARD 3 Establishment of Health Service Board There is hereby established a board to be known as the Health Service Board which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of doing anything that a body corporate may do by law. 4 Functions of Board (1) The functions of the Board shall be— (a) to appoint persons to offices, posts and grades in the Health Service; and (b) to create grades in the Health Service and fix conditions of service for its members; and (c) to supervise and monitor health policy planning and public health; and (d) to inquire into and deal with complaints made by members of the Health Service; and (e) to supervise, advise and monitor the technical performance of hospital management boards and State-aided hospitals; and (f) to set financial objectives and the framework for hospital management boards and State-aided hospitals; and (g) to handle appeals in relation to disciplinary powers exercised by hospital management boards over members of the Health Service employed in any Government hospital; and (h) to assist in resource mobilisation for the Health Service; and (i) to exercise any other functions that may be imposed or conferred upon the Board in terms of this Act or any other enactment. (2) The Board shall exercise its functions under this Act so as to ensure the well-being and good administration of the Health Service and its maintenance in a high state of efficiency. 5 Membership of Board (1) The Board shall consist of— (a) a full-time Executive Chairperson; and (b) not less than three full-time and not more than two part-time members appointed, subject to subsection (2), by the Minister. (2) The majority of members referred to in subsection (1)(b) shall be chosen for their ability and experience in health service delivery or administration: Provided that the Minister shall appoint as a member at least one person registered as a legal practitioner in terms of the Legal Practitioners Act [Chapter 27:07]. (3) The Second Schedule shall apply to the qualifications of members of the Board, their terms and conditions of office, vacation of office, dismissal and the procedure to be followed by the Board at its meetings. 6 Delegation of functions by Board (1) In the interests of ensuring the greatest degree of delegation of decision-making functions consistent with good administration, the Board, in consultation with the Minister, shall— (a) ensure that the functions vested in it by or under this Act are delegated wherever practicable to hospital management boards and members of the Health Service engaged in public health service delivery; and (b) take such steps as are necessary to encourage the greatest possible delegation of decision-making functions within all parts of the Health Service. (2) A delegation of a function by the Board in terms of subsection (1)(a)— (a) may be made absolutely or subject to conditions; and (b) may be amended or revoked at any time; and (c) shall not preclude the Board from exercising the function so delegated. (3) A person to whom the Board has delegated a function in terms of subsection (1)(a) may, with the consent of the Board, further delegate the function, either absolutely or subject to conditions, to any other member of the Health Service who is under his or her control or authority. (4) Where the Board has delegated a function in terms of subsection (1)(a) to any person, any conditions or limitations applicable to the exercise of that function by the Board shall apply to the exercise of the function by the person to whom it has been delegated. (5) Where a person has been or is about to be appointed to or promoted within the Health Service pursuant to a power delegated by the Board in terms of subsection (1)(a), and the Board considers that— (a) the person does not have the qualifications or ability necessary to carry out the duties of the position he or she occupies or will occupy, as the case may be; or