(2) Notwithstanding subsection (1), anything done or commenced or any decision made in terms of the repealed Act which immediately before the fixed date had or was capable of acquiring effect shall continue to have or be capable of acquiring, as the case may be, effect as if it had been done, commenced or made in terms of this Act. 33 Transitional provisions (1) In this section “transferred member” means a person who is transferred from the Public Service to the Health Service in terms of subsection (2). (2) The persons who are specified in section 9(a), (b) and (c) and who, immediately before the fixed date, were members of the Public Service shall be deemed to have been transferred to the Health Service on the fixed date. (3) All persons transferred to the Health Service in terms of subsection (2) shall be employed on terms and conditions not less favourable than those that applied immediately before the fixed date. (4) Any regulation, notice, circular or other document which, immediately before the fixed date, regulated the conditions of service of any class of transferred members in terms of the Public Service Act [Chapter 16:04] shall continue, on and after that date, to regulate the conditions of service of (a) those transferred members; and (b) any persons who join the Health Service after the fixed date and who are in the same class as those transferred members; until the Board, replaces the regulation, notice, circular or other document concerned or otherwise alters the conditions of service concerned in terms of this Act. (5) Any reference to the Public Service Commission in any regulation, notice, circular or other document referred to in subsection (3) shall be construed, with necessary modifications, as a reference to the Board. (6) The transfer of persons from the Public Service to the Health Service in terms of this section shall be deemed to involve also the transfer of the offices held by such persons from the Public Service to the Health Service, and accordingly any person who refuses to be so transferred shall be entitled to the terminal benefits upon resignation from, not abolition of, an office in the Public Service. (7) At such date as shall be fixed by the Minister by notice in a statutory instrument, persons in the employment of the State not referred to in subsection (2) who are concerned with the provision of health services not referred to in subsection (2) may be transferred to the Health Service. FIRST SCHEDULE (Section 2) PART I CENTRAL HOSPITALS 1. 2. 3. 4. 5. 6. Parirenyatwa Hospital. United Bulawayo Hospital. Harare Hospital. Mpilo Hospital. Ingutsheni Hospital. Chitungwiza Hospital. PROVINCIAL HOSPITALS 1. 2. 3. 4. 5. 6. 7. Bindura Hospital. Chinhoyi Hospital. Gweru Hospital. Gwanda Hospital. Marondera Hospital. Masvingo Hospital. Mutare Hospital. SECOND SCHEDULE (Section 5(3) and 19(6)) PROVISIONS APPLICABLE TO THE BOARD AND HOSPITAL MANAGEMENT BOARDS Paragraph 1. Interpretation. 2. Disqualification for appointment to Board.