Health Service Commission Act, 2001
Act 15 of 2001
- Published in Uganda Gazette 43 on 6 July 2001
- Assented to on 13 June 2001
- Commenced on 6 July 2001
- [This is the version of this document from 6 July 2001.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Health Service Commission Act, 2001.
2. InterpretationIn this Act, unless the context otherwise requires—“Chairperson” means the Chairperson of the Commission;“Commission” means the Health Service Commission established by article 169 of the Constitution;“currency point” means the value specified in the First Schedule to this Act in relation to a currency point;“health professional” means any person registered under any of the enactments specified in Part I of the Second Schedule to this Act as any of the categories of professionals specified in Part II of that Schedule;“health worker” means a health professional, administrative, scientific and support staff employed in the health service, and designated by the Commission in consultation with the Public Service Commission;“Minister” means the Minister responsible for health;“Secretary” means the Secretary to the Commission appointed under section 9 of this Act.
3. The health serviceFor the purposes of clause (5) of article 170 of the Constitution the public officers who constitute the health service are the following categories of persons employed in the public service—
Part II – The Health Service Commission
4. Composition of Commission and appointment of Commissioners
5. Oath of CommissionersEvery member of the Commission shall, before assuming his or her duties as Commissioner, take and subscribe the Oath specified in Part I of the Third Schedule to this Act.
6. Commissioners to relinquish particular offices
7. Chairperson of Commission
8. Functions of Commission
9. Secretary to the Commission
10. Other staff of the Commission
11. Meetings and decisions of the Commission
12. Immunity of members and staff of the CommissionA member of the Commission or any employee or other person performing any function of the Commission under the direction of the Commission, shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions.
13. Funds and expenses of the Commission
14. Seal of CommissionThe Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine.
Part III – General provisions relating to functions of the Commission
15. Performance of delegated functionsWhere any function of the President is delegated to the Commission under clause (3) of article 172 of the Constitution, the Commission may perform that function without seeking or acting on the advice of any person.
16. ConsultationBefore the Commission advises the President to appoint any person to an office in the Health Service in accordance with article 172 of the Constitution, the Commission may, if it considers it expedient, consult the Judicial Service Commission, the Education Service Commission or the Public Service Commission, as the case may be.
17. Enforcement of attendance. etc
18. Failure to appear or produce documentAny person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to the Health Service, who, without reasonable cause to do so, or who wilfully fails to produce any document in his or her possession when required to do so by the Commission under section 17 of this Act, commits an offence and is liable on conviction, to a fine not exceeding five currency points or imprisonment not exceeding three months or both.
19. Attendance allowance
20. Immunities of witnessesA witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court.
21. Improper influence and false information
22. Priviledge of communicationUnless the Chairperson consents in writing to the production or disclosure, no person shall, in any legal proceedings, be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between—
23. Improper disclosure of information
24. Consent to prosecutionA prosecution for an offence against this Act shall not be instituted except with the consent of the Director of Public Prosecutions.
25. Delegation of functions of Commission
26. District Service Commissions
27. Consultation with other CommissionsThe Commission may, liaise and consult with other Service Commissions established by the Constitution with a view to harmonizing standing orders, regulations and remuneration of public officers.
28. Consultation with MinisterThe Commission shall from time to time consult with the Minister on matters of policy relating to Health in the carrying out of its functions.
Part IV – Code of conduct and ethics for health workers
29. Code of conductThis Part of the Act shall constitute a code of conduct and shall be observed by all health workers.
30. Responsibility to patient or client
31. Responsibility to the community
32. Responsibility to health unit or place of workA health worker shall abide by rules and regulations governing the place of work and shall conform with the expectations of the health unit and strive to fulfil the mission of the institution.
33. Responsibility to the law and profession
34. Responsibility to colleaguesA health worker shall co-operate with his or her professional colleagues, recognize and respect each other’s expertise in the interest of providing the best possible holistic care.
35. Responsibility in researchA health worker shall not participate in health research that does not conform with national and internationally accepted guidelines.
Part V – Miscellaneous
36. RegulationsThe Commission may, by statutory instrument, make regulations—
37. Standing orders
38. Saving and transitional
39. Minister to amend SchedulesThe Minister may, with the approval of the Cabinet, by statutory instrument, amend the First or Second Schedule to this Act.
History of this document
06 July 2001 this version
13 June 2001