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Medical Schemes Act, 1998 (Act No. 131 of 1998)

Chapter 5 : Rules of Medical Scheme

31. Amendment of rules


(1) A medical scheme may, in the manner provided for in its rules, amend or rescind any of such rules or make any additional rule.


(2) No amendment, rescission or addition of any rule referred to in subsection (1) shall be valid unless it has been approved by the Registrar in accordance with any directive given by the Council and registered as contemplated in subsection (3).


(3) On receipt of a written notice from a medical scheme setting out the particulars of any amendment or rescission of its rules, certified by the principal officer, the chairperson and one other member of the board of trustees as having been adopted in accordance with the provisions of the rules of the medical scheme, the Registrar shall—
(a) if he or she is satisfied that the amendment or rescission of the rules will not be unfair to members or will not render the rules of the medical scheme inconsistent with this Act, register the amendment or the rescission of the rules and return it to the medical scheme with the date of registration endorsed thereon; or
(b) if he or she is not so satisfied, in writing advise the medical scheme accordingly and indicate the reasons for his or her rejection of the amendment or rescission.


(4) The Registrar may order a medical scheme to—
(a) within a period of 30 days as from the date on which he or she addressed the request to the medical scheme concerned, amend the rules in the manner indicated by him or her; or
(b) apply in the manner indicated by him or her, any rule of such medical scheme which is, in his or her opinion, being applied in a manner which is inconsistent with the provisions of this Act.