Section 8Part 2 — Establishment, Capital and Administration of Authority
Constitution of Board of Authority
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The Authority shall have a board of directors which shall be responsible for the policy and general administration of the affairs and business of the Authority.
The Board shall be responsible for the financial performance of the Authority including for ensuring that the Authority —
delivers the outputs specified in the purchase agreement prepared in accordance with section 26; and
achieves the ownership performance specified in the ownership agreement prepared in accordance with section 27.
The Board shall have power to —
act by sub-committee; and
delegate any of its daily administrative duties and powers from time to time to such sub-committees and to any of their own number and to the employees and agents of the Authority, except that where the Board sets up a sub-committee which consists of members other than directors and employees of the Authority, it may only act or delegate its duties or powers to such sub-committee with the approval of the Cabinet.
The Board shall consist of —
the Chief Officer of the Ministry of Health or the Chief Officer's nominee;
the Chief Officer of the Ministry of Finance or the Chief Officer's nominee;
the Chief Executive Officer;
the Medical Director of the Authority; and
seven other directors, appointed by the Cabinet, who shall have demonstrated to the satisfaction of the Cabinet substantial knowledge and experience in one of each of the following areas —
finance;
human resources;
law;
information technology;
healthcare; and
other related fields.
A person appointed under subsection (4)(e) shall hold office for a term of not more than three years and shall be eligible for re-appointment.
There shall be a chairman and a deputy chairman of the Authority, each of whom shall be appointed by the Cabinet from among the directors.
The Board shall appoint a person, not being a member, to be the secretary of the Authority, who shall be present at all meetings and shall take minutes of the business transacted.
The Board shall be deemed to be properly constituted notwithstanding that there is a vacancy in the office of chairman, deputy chairman or any other director.
There shall be paid to the appointed directors such remuneration as the Cabinet may determine.
The Cabinet shall terminate the appointment of any director who —
resigns his office;
becomes of unsound mind or incapable of carrying out his duties;
becomes bankrupt or suspends payment to or compounds with his creditors;
is convicted in the islands or elsewhere of any offence involving dishonesty or fraud;
is guilty of serious misconduct in relation to his duties;
is absent without leave of the chairman from three consecutive board meetings, or
fails to comply with his obligations under section 10.
If any director appointed under subsection (4)(e) dies, resigns or otherwise vacates office before the expiry of the term for which the director has been appointed, another person may be appointed by the Cabinet for the unexpired period of the term of office of the director who died, resigned or otherwise vacated office.
Repealed by section 2(e) of the Health Services Authority (Amendment) Law, 2017.
Defined Terms
board of directorsChief Executive OfficerMedical Director
Cross References
- Section 26 of Health Services Authority Act
Purchase agreement
- Section 27 of Health Services Authority Act
Ownership agreement
- Section 10 of Health Services Authority Act
Disclosure of directors' interests
Referenced By
- Section 2 — Definitions
Board established under section 8 and directors appointed under section 8