Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter IX : Regulations68. Procedure for making regulations |
| (a) | by notice in the Gazette, publish his or her intention to make regulations; |
| (b) | state in the notice – |
| (i) | that draft regulations have been developed for comment; and |
| (ii) | where a copy of the draft regulation may be obtained; |
| (c) | allow at least 30 days period for comment; and |
| (d) | consider comments received. |
| (2) | At any time before issuing regulations, discussions and consultations may be held with any interested group. |
| (3) | Subsection (1) does not apply in respect of— |
| (a) | any regulation which the public interest requires to be made without delay; or |
| (b) | an amendment to correct a textual error. |
| (4) | Any regulation regarding State revenue or expenditure must be made with the concurrence of the Cabinet member responsible for finance. |
| (5) | Any regulation regarding the South African Police Service must be made with the concurrence of the Cabinet member responsible for safety and security. |
| (6) | Any regulation regarding education must be made with the concurrence of the Cabinet member responsible for education. |
| (7) | Any regulation regarding the terms and conditions of a person employed by the national department, a provincial department or district health authority or any labour relations matter, must be made with the concurrence of the Cabinet member responsible for public service and administration. |
| (8) | Any regulation regarding the appointment of an administrator including the threshold amounts for the appointment of a Master of a High Court as administrator and conditions for such appointment, must be made with the concurrence of the Cabinet member responsible for justice and constitutional development. |
