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Allied Health Professions Act, 1982 (Act No. 63 of 1982)

Chapter 1 : Allied Health Professions Council of South Africa: Establishment, Objects and Functions

10A. Establishment of professional boards

 

(1) The Minister may, on the recommendation of the council and by notice in the Gazette, establish a professional board with regard to any profession in respect of which a register is kept in terms of this Act, or with regard to two or more such professions.

 

(2) The Minister may, on the recommendation of the council, disestablish any professional board contemplated in subsection (1), and may establish one or more professional boards in its stead.

 

(3) Before making a recommendation as contemplated in subsection (2), the council shall consult with any body which is or persons who are in the opinion of the council representative of the majority of persons to be affected by such disestablishment or establishment.

 

(4) The Minister may, on the recommendation of the council, make regulations relating to the constitution, functions, functioning and term of office of members of a professional board.

 

(5) Regulations relating to the constitution, functions and functioning of a professional board shall at least provide for—
(a) the majority of the members of a professional board to be elected by the persons registered in the profession in question;
(b) one person representing the community who is not registered under this Act, to be appointed to each professional board by the Minister and such person to also serve on the council;
(c) the establishment by a professional board of such committees as it may deem necessary, each consisting of as many persons appointed by the professional board as such professional board may determine, but including at least one member of the board who shall be the chairperson of such committee;
(d) the procedure to be followed for the appointment and election, as the case may be, of members of a professional board;
(e) the election of a chairperson and vice-chairperson by the members of a professional board and the powers and duties of such a chairperson and vice-chairperson; and
(f) the term of office of the members of a professional board.

 

(6) Any professional board established under this section may make representations to the council for the making, amendment or withdrawal of any regulation or rule which shall apply or applies to such professional board or the profession in respect of which such professional board was established.

 

(7)
(a) Subject to paragraph (b), the council may delegate to any professional board such of its powers as the council may determine.
(b) The council shall not be divested of any power so delegated and may amend or set aside any decision of a professional board made in the exercise of any such power.

 

[Section 10A substituted by section 9 of Act No. 50 of 2000]