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(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
(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.
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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—