Hospital Boards Act, 2003
Signed this 30th day of October, 2003
ALHAJI AHMAD TEJAN KABBAH,
President.
Being an Act to establish Hospital Boards for the better
management of specified hospitals and the provision of effiient
medical care in the Western Area and all districts of Sierra Leone
and to provide for other related matters.
[6th November, 2003]
Enacted by the President and Members of Parliament in this
present Parliament assembled.
Supplement to the Sierra Leone Gazette Vol. CXXXIV, No. 53
Section
Part II-ESTABLISHMENT OF HOSPITAL BOARDS
2. Establishment of Hospital Boards.
3. Common seal.
4. Composition of Western Area Hospital Board.
5. Tenure of members of Board.
6. Meetings of Board.
7. Disclosure of interest in Board contracts, etc.
8. Immunity of members of Board.
9. Composition of District Hospital Boards.
10. Boards to appoint Committees.
11. Standing Orders.
Part III-FUNCTIONS OF HOSPITAL BOARDS
12. Objects of Hospital Boards.
13. Functions of Western Area Board.
14. Functions of District Boards.
15. Meetings of District Boards.
16. Management Committees of Western Area Hospitals.
17. Management Committees of District Hospitals.
Part IV-EMPLOYEES OF HOSPITAL BOARDS
18. Hospital Secretaries.
19. Other staff of Boards.
Section
20. Funds of Hospital Boards.
21. Investment of funds.
22. Borrowing powers of Boards.
23. Government to guarantee loans to Boards.
24. Financial year of Boards.
25. Accounts and audit of Boards.
26. Annual report of Boards.
27. Transfer of assets and subsisting contracts, etc
28. Transfer of certain employees to Boards.
29. Regulations.
1. in this Act, unless the context otherwise requires-
"Board" means a Hospital Board established by section 2;
Cap. 60 "district" has the same meaning as in the Provinces
"Management Committee" means a management
committee appointed for a hospital specified in the
First and Second Schedules;
"Minister" means the Minister responsible for health;
"Secretary" means the person appointed to be Hospital
Secretary for a hospital referred to in the First and
Second Schedules.
Part H-ESTABLISHMENT OF HOSPITAL BOARDS
2. (1) A Hospital Board is hereby established for the group
of hospitals in the Western Area specified in the First Schedule and
for each of the district hospitals specified in the Second Schedule.
(2) Every Board shall be a body corporate having
perpetual succession and capable of acquiring, holding and disposing
of any property, whether movable or immovable, and of suing and
being sued in its corporate name and, subject to this Act, of performing
all such acts as bodies corporate may by law perform.
3. (1) A Board shall have a common seal, the affixing of
which shall be authenticated by the signatures of-
(a) the Chairman or other member of the Board
generally or specifically authorised by the
Board for that purpose; and
(b) the Secretary or other officer of the Board
authorised by the Board for that purpose.
(2) Every document purporting to be an instrument
executed or issued by or on behalf of the Board and to be sealed with
the common seal of the Board authenticated in the manner stated in
subsection (1) shall be deemed to be so executed or issued without
further proof unless the contrary is proved.
(3) In appropriate cases the seal may be affixed to
documents outside Sierra Leone.
4. (1) The Western Area Hospital Board shall consist of-
(a) a Chairman not being a public officer,
nominated by the community and appointed
on the recommendation of the Minister, for
his integrity and proven administrative
ability;
(b) the Principal of the College of Medicine and
Allied Health Sciences who shall be Vice-
Chairman; and
(c) the following members:-
(i) Director of Hospital and Laboratory
Services;
(ii) a representative of the Medical and
dental Association of Sierra Leone;
(iii) a representative of the Pharmaceutical
Society of Sierra Leone;
(iv) a representative of the Nurses and
Midwives Association of Sierra Leone;
(v) a representative of the Freetown City
Council; and
(vi) one person designated by the Minister
of Health:
(vii) a representative of the Attorney-
General and Minister of Justice;
(viii) a representative of such civil-society
groups as the Minister shall determine;
(ix) a representative of the Staff Welfare
Committee of the hospital concerned:
Provided that representatives referred to m subparagraphs
(ii), (iii), (iv), (viii) and (ix) shall be elected by the bodies concerned.
(2) The Chairman and the members specified in
subparagraphs (ii), (iii), (iv). (viii) and (ix) of paragraph (c) of
subsection (1) of section 4, shall be appointed by the President.
5. (1) The Chairman and the members of the Board specified
in subsection (2) of section 4 shall hold office for a period of three
years and shall be eligible for re-appointment.
(2) A person shall cease to be a member of the Board
on any Of the following grounds:—
(a) for his inability to perform the functions of
his office by reason of infirmity of mind or
body;
(b) for proven misconduct;
(c) if he becomes bankrupt or insolvent;
(d) if he is convicted of a criminal offence
involving fraud or dishonesty,
(e) if he fails to attend three consecutive
meetings of the Board without reasonable
cause:
if he resigns his office by written notice to
the Minister.
6. (1) The Board shall meet for the dispatch of its business
at such time and place as the Chairman may determine.
(2) The Chairman shall preside at every meeting of the
Board, if present, and in his absence and absence of the Vice-
Chairman. the members present shall appoint a member from among
themselves to preside at that meeting.
(3) A majority of the members of the Board may, by notice
in writing signed by them or by resolution, request the Chairman to
-summon a special meeting of the Board for such purposes as may be
stated in the notice.
(4) The quorum at any meeting of the Board shall be five.
(5) Any question which falls to be determined by the
Board at any of its meetings shall be decided by a majority of the
votes of the members present and voting.
(6) The Chairman or other person presiding shall have a
casting vote where there is an equality of votes.
(7) Any proposal circulated among all members and
agreed to in writing by a two-thirds majority of all members shall be of
the same force or effect as a decision made at a duly constituted
meeting of the Board and shall be incorporated in the minutes of the
next succeeding meeting of the Board. -
(8) The Board may co-opt any person to attend and
participate in its deliberations on any matter but such person shall
not vote on any issue for decision by the Board.
(9) The Board shall cause minutes of all its meetings to
be taken and signed by the Chairman and kept in proper form.
(10) Subject to this Act, the Board shall regulate its own
procedure.
7. (1) A member of the Board who has any interest, whether
direct or indirect in any matter being considered or to be considered
by the Board, shall disclose the nature of his interest to the Board
and such disclosure shall be recorded in the minutes of the Board
and such member shall not take part in any deliberation or decision of
the Board relating to that matter.
(2) A member who contravenes subsection (1) shall be
guilty of misconduct and removed from the Board:;
8. (1) No action or other proceedings shall lie or be instituted
against any member of the Board or member of a management
committee or other committee or in respect of any act or thing done
or omitted to be done in good faith by such member in the exercise or
purported exercise of his functions under this Act.
(2) No member of the Board shall be personally liable for
any debt or obligation of the Board.
9. A District Board shall consist of
(a) a Chairman; appointed on the
recommendation of the Minister for his
integrity and proven administrative ability;
(b) a representative of the Provincial Secretary;
(c) the District Medical Officer:
(d) a representative of the appropriate District
Council;
(e) one Paramount Chief within the district
\ /
nominated by the Minister responsible for
local government,
(f) a representative of the Nurses and Midwives
Association of Sierra Leone resident in the
district;
(g) a representative of the Attorney-General and
Minister of Justice;
(h) a representative of the district branch of the
Pharmaceutical Society of Sierra Leone.
(i) a representative of such civil society
organisation as may be determined by the
Minister.
10. (1) A Board may appoint committees consisting of such
persons and to perform such functions as it may determine.
(2) Without prejudice to subsection (1), every Board shall
appoint a Disciplinary Committee and a Staff Welfare Committee.
(3) The Disciplinary Committee shall-
(a) deliberate on all disciplinary matters referred
to it by the Board and make recommendations
to the Board; and
(b) advise the Board on measures to create and
maintain at the hospitals such conditions as
are conducive to the attainment of a high
level of discipline by the staff.
(4) The Staff Welfare Committee shall advise the Board
on measures to motivate staff and promote efficiency.
11. Subject to this Act, the Board may make standing orders
prescribing-
(a) the holding of meetings, the notices to be
given for meetings and the conduct of
proceedings at meetings;
(b) the keeping of minutes of meetings and the
custody, production and inspection of such
minutes;
(c) the custody and use of the common seal;
(d) the manner in which cheques shall be issued
on behalf of the Board,
(e) codes of conduct and any other matter
pertaining to the internal operations or
management of the Board.
Part III-FUNCTIONS OF HOSPITA LBOARDS -
12. The object for which Hospital Boards are established is to
maintain th e high est standards of medi cal -care; training, management
and administration of the hospitals specified in the First and Second
Schedules.
13. (1) Without prejudice to the generality of section 12, it
shall be the responsibility of the Board established for the group of
hospitals in the Western Area specified in the First Schedule to-
(a) provide for the hospitals such facilities,
including adequate accommodation and
equipment as appear to the Board to be
necessary for clinical work, teaching and
research:
(b) construct, equip, maintain and operate such
clinics, outpatients departments, laboratories,
research or experimental stations as it con-
siders necessary for the efficient function-
ing of the hospitals;
(c) construct, equip and maintain such training
facilities or institutions as the Board consid-
ers necessary;
(d) appoint1 staff for the hospitals both
professional and otherwise and determine the
remuneration and other conditions of service
of the staff;
(e) ensure the implementation of the policies and
programmes of the Board by the appropriate
units at the hospitals;
(f) recommend to the Minister the fees to be
charged for the services rendered by the
hospitals;
(g) serve as the authority for the promotion and
disciplining of the staff of the hospitals;
(h) undertake periodic assessment of the
manpower, physical and financial resources
of the hospitals; and
(i) perform such other functions as: *are
conducive to the attainment of the object
stated in section 12.
(2) The Board shall, in performing its functions under
subsection (1). ensure that the standards of teaching provided at all
the training schools and the standards of treatment and care provided
for patients in the hospitals are not below those of other similar
hospitals of international repute.
14. A District Hospital Board shall, in relation to the hospital
for which it is established have the responsibility to-
la) construct, equip and maintain such
structures and equipment as are necessary
for the proper functioning of the hospital;
(b) construct, equip, maintain and operate such
clinics, outpatient departments and
laboratories as it considers necessary for the
promotion of diagnostic, curative, preventive
and rehabilitative medical services in the
district;
(c) recommend to the Minister the fees to be
charged for the services rendered by the
district hospital;
(d) appoint staff for the hospital both
professional and otherwise and determine the
remuneration and other conditions of service
of the staff.
(e) ensure that the standard of medical care given
to patients in the hospital, clinic and
laboratories are not below those provided by
similar hospitals,, clinic or laboratories of
international repute;
(f) advice the Minister on programmes required
to be undertaken to promote preventive
health in the district; and
(g) perform such other functions as are
conductive to the attainment of the object
stated in section 12.
15. Sections 6 and. 7 shall, mutatis mutandis, apply to the
meetings of a .district Board.
16. (1) Every hospital in the Western Area specified in the
First Schedule shall have a Management Committee consisting of-
(a) the Hospital Care Manager, who shall be
chairman; and
(b) all heads of departments of the hospital.
(2) It shall be the responsibility of the Management
Committee in relation to any hospital referred to in subsection (1),
to-
(a) supervise the implementation of decisions of
the Board concerning the hospital,
(b) ensure that the hospital is provided with such
equipment, medicine and other materials
needed to run the hospital efficiently,
(c) ensure effective management and proper
financial performance of the hospital;
(d) ensure the proper maintenance of facilities in
the hospital;
(e) ensure good working relationship among ail
grades of staff at the hospital;
(f) perform such other functions relating to the
proper functioning of the hospital as it may
determine or as the Board may assign to it.
(3) A Management Committee shall meet, at least once a
month and shall have power to regulate the procedure at its meetings.
17. (1) Every district hospital specified in the Second
Schedule shall have a Management Committee consisting of:-
(a) the District Medical Officer-in-charge who
shall be the chairman; and
(b) all the Heads of Departments of the district
hospital.
(2) A district hospital Management Conmiittee shall be
responsible for the proper and efficient running of the district hospital
and other clinics and public health centres in the district, along the
lines of the responsibility of a Western Area Management Committee.
(3) A district hospital Management Committee shall meet,
at least, once a month and shall have power to regulate the procedure
at its meetings. . . . .
Part IV-EMPLOYEES OF HOSPITAL BOARDS
18. (1) Every Board shall have a Secretary who shall be
appointed by the Board on such terms and conditions as the Board
may determine.
(2) The Secretary to the Board shall be a person of proven
administrative ability and shall have such professional qualification
as the Board shall determine.
(3) The Secretary shall be responsible to the Board for-
(a) the day-to-day administration of the affairs
of the Board;
(b) the supervision and disciplining of the staff
ofthe Board;
(c) the recording and keeping of minutes of
meetings of the Board in a book kejDt for that
purpose,
(d) overseeing the implementation of the
decisions of the Board; and'
(e) the performance of such other functions at
the Board may determine.
19. A Board may appoint such staff as it considers necessary
for the efficient performance of its functions; and the staff shall be
appointed on such terms and conditions as the Board may determine.
Part V-FINANCIAL PROVISIONS
20. The activities of a -hospital Board shall be financed by a
fund consisting of-
(a) moneys appropriated by Parliament for the
purposes of the Board:
(b) fees charged for the services rendered by the
hospitals in relation to which the Board is
established:
(c) gifts or donations from any person or
organization, whether local or external;
(d) income from any moneys invested by the
Board; and
(e) any moneys otherwise accruing to the Board
in the course of its activities.
21. Any funds of the Board not immediately required for
meeting any obligation or the discharge of any function of the Board,
may be invested to the best advantage of the Board. ~
22. (1) For the purpose of performing its functions and
meeting its obligations under this Act, a Board may borrow money or
raise capital in any currency and from any source.
(2) A Board may charge its assets, undertakings and
income with the repayment of any money borrowed together with
interest thereon, and may issue bonds or other securities in order to
secure repayment of any money so borrowed.
23. The Government may guarantee in such manner and upon
such terms as it may think fit, the payment of the interest and principal,
or either of them on any loan proposed to be raised by the Board.
24. The financial year of a Board shall be the same as the
financial year of the Government.
25. (1) Every Board shall keep proper books of accounts and
proper records in relation to the accounts and shall prepare within a
period of three months after the end of the financial year, a statement
of its accounts in such form as the Auditor-General may direct.
\
(2) The books and accounts of every Board shall each
year be audited by the Auditor-General or an auditor appointed by
him and a report on the audit shall be submitted to the Board.
26. (1) The Minister shall table before Parliament within six
months after the end of each financial year a report on the activities
and operations of the Boards during the preceding year.
(2) The report ofthe Boards referred to in subsection (1),
shall include a copy of the audited accounts of such Boards together
with the Auditor-General's report on the audited accounts.
PART VI—MISCELLANEOUS PROVISIONS
27. (1) There is hereby transferred to the Boards concerned,
without more, the property and other assets of, or allocated by the
Government for the purposes of the hospitals in relation to which the
Boards concerned were established. ^
(2) Except as is provided in subsection (I) in relation to
property, all contracts, debts, obligations and liabilities of the
Government on account of the hospitals concerned immediately before
the commencement of this Act shall remain vested in the Government
and may be enforced by or against the Government.
(3) All legal proceedings and claims which immediately
before the commencement of this Act were pending in respect of any
of the hospitals shall be continued or enforced by or against the appropriate
appropriate hospital in the same manner as they would have been
continued or enforced if this Act had not been enacted;
28. (1) With effect from the commencement of this Act, such
employees of the hospitals under this Act as shall be specified, by
the Minister in writing are hereby transferred to the appropriate
Boards without prejudice to any entitlement to pension, gratuity or
other vested or accrued rights from their previous employment, and
subject to the same terms and conditions of service as were applicable
to them in the previous employment.
(2) Any person transferred to a Board under subsection
(1):
(a) shall be subject to the disciplinary control of
the appropriate Board and shall be governed
by any code of conduct or discipline made
by the Board under section 11; and the Board
shall have the power to terminate the
appointment of any person so transferred
who is not able to perform assigned functions
to the satisfaction of the Board;
(b) may accept to continue in the employment of
the Board, subject to such other terms and
conditions of sendee as may be determined
by the Board.
29. The Minister may, by statutory instrument, make regulations
to give effect to this Act.
FIRST SCHEDULE (Section 2 .(1))
1. Connaught Hospital
2. P. C. M. Hospital.
3. Children's Hospital.
4. Kissy Mental Hospital.
5. Lakka Hospital.
6. All Satellite Hospitals.
SECOND SCHEDULE (Section 2(1)1
District Hospitals in the Provinces are as follows :-
1. Southern Province
(a) Bo Hospital
(b) Pujehun Hospital
(c) Moyamba Hospital
(d) Bonthe Hospital
2. Eastern Province
(a) Kenema Hospital
(b) Kono Hospital
(c) Kailahun Hospital
3. Northern Province
(a) Makeni Hospital
(b) Magburaka Hospital
(c) Port Loko Hospital
(d) Kambia Hospital
(e) Kabala Hospital
Passed in Parliament this 23rd day of September, in the year of our Lord two
thousand and three.
J A. CARPENTER,
Clerk of Parliament.
This Printed Impression has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
J. A. CARPENTER,
__Clerk of Parliament.
Printed and Published by the Government Printing Department, Sierra Leone.
Gazette No. 53 of 6th November, 2003.
