Gov Jamaica (1998) Public Health Act, jamaica.pdf

PUBLlC HEALTH

T I E PUBLIC HEALTH ACT

ARRANGEMENT OF SECTIONS

1

1. Short title.
2. Interpretation.
3. Establishment of Central Health Committee.
4. Functions of Central Health Committee.
5. Establishment of Local Boards.
6. Functions of Local Board.
7. Local Board may make regulations.
8. Minister may require investigation of disease.
9. Local Board to furnish reports, figures, etc.

10. Protection of members.
11. Appointment and constitution of committee.
12. Power of Minister when Local Board neglects functionu.
13. Power of Minister to re-assign functions of Local Board.
14. Minister may make regulations.
15. Penalties in regulations.
16. Minister may give directions in certain circumstances.
17. Publication of regulations.
18. Minister may prohibit assembly of persons.
19. Minister may order closure of public places or schools.
20. Right of entry upon private premises.
21. Recovery of expenses incurred in abating a nuisance.
22. Assaulting and abusing officers, and withholding information.
23. Penalties.
24. Persons entitled to take proceedings.
25. Cost of actions against Local Board, etc.
26. Prosecutions to be commenced within six months.
27. Reference to owner or occupier in certain proceedings.
28. Proceedings need not be brought against all persons jointly liable.
29. Appeal to Minister.

SCHEDULE

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PUBLIC HEALTH 3

470f 1974,
20 or urn.
33 of 1991
s. 22,

36 of 1995
3rd Sch.,
22 of 19%.

Short title.

THE PUBLIC HEALTH ACT

[21sr February, 19851

1. This Act may be cited as the Public Health Act.

2.41) In this Act, unless the context otherwise requires- l!$rpreta-
“communicable disease” means any disease due to a

specific infectious agent or its toxic products, which
arises through transmission of that agent or its
products from an infected person or animal to a
susceptible person either directly or indirectly,
through the agency of an intermediate plant or
animal host, a vector or the inanimate environment
and includes any infectious disease and any
quarantinable disease;

“functions” includes duties and powers;
“Local Board” means the Local Board of Health in

respect of each parish established under section 5;
“Medical Officer” means any medical practitioner in

the employment of the Government or any Local
Board;

“Medical Officer (Health)” means any medical practi-
tioner appointed by the Governor-General to
be a Medical Officer (Health) and shall include the
Chief Medical Officer and any other Medical
Officer designated by the Minister to be a Medical
Officer (Health) for the purposes of this Act;

“medical practitioner” means a medical practitioner
registered in accordance with any enactment for
the time being in force in relation to the registra-
tion of medical practitioners;

“notifiable disease” means any communicable disease
declared by the Minister by order to be a noti-
fiable disease;
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4 PUBLIC HEALTH

Establish-
ment of
antral
Health Com-
mittee.
Schedule.

Functions of
Central
Health
Committee.

Establish-
ment of
Local
Boards.

“official analyst” means a person in the employment of
Government or a Local Board who is so designated
by the Minister for the purposes of this Act;

“owner” includes the person for the time being entitled
to receive the rent of the premises in relation to
which the word is used, whether on his own
account or as agent of or trustee for any other
person, or who would be so entitled if the premises
were let at a rent;

“premises” includes all ships and boats within the
territorial waters of the Island and all aircraft in
the Island.

(2) The provisions of this Act shall not apply to any
premises belonging to or occupied by the Jamaica Defence
Force established under the Defence Act, or to any inmate
thereof, or to any naval vessel or any aircraft used for state
purposes only, belonging to any foreign Government.

3.-( 1) There shall he established for the purposes of this
Act, a body to be called the Central Health Committee.

(2) The provisions of the Schedule shall have effect
as to the constitution of the Central Health Committee and
otherwise in relation thereto.

4. It shall be the function of the Central Health
Committee to advise the Minister and the Local Board, on
such matters connected with public health as they think fit,
and on any aspect of that subject referred to them by the
Minister or the Local Board, as the case may be, for advice.

5-41) There shall be established for the purposes of this
Aat, a Local Board of Health in respect of each parish.

(2) The Local Board in respect of the parishes of
Kingston and St. Andrew shall be the Council of the
Kingston and St. Andrew Corporation as constituted under

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PUBLIC HEALTH

the Kingston and St. Andrew Corporation Act, and in
respect of any other parish, the Parish Council of that parish,
as constituted under the Parish Councils Act.

6. Subject to the provisions of this Act, the Local Boards Functionsof
shall have the power, for the purpose of the performance of bards . Local
their functions under this Act-

(a) to divide their respective parishes into sanitary
districts and from time to time alter such districts
in number or extent as may be convenient;

(b) to carry on all activities which appear to them to
be requisite, advantageous or convenient in the
interest of public health;

(c) to enforce all regulations and orders made under
this Act; and

(d) to do anything and enter into any transaction
which, in the opinion of the Local Board, is
necessary to ensure the proper discharge of their
functions .

7.-( 1) A Local Board may from time to time, and shall ~ o c a ~ Board
if directed by the Minister to do so, make regulations relating ~ & ~ ~ ~ ~ s .
to-

(a) the overcrowding of buildings and measures to
remedy same;

(b) the provision, use and maintenance of public
sanitary conveniences;

(c) the cleaning, disinfection and maintenance of
premises, including markets, slaughter houses,
dairies, places connected with the food trade, and
any public place;

(d) barracks;
(e) the closure of buildings dangerous to the inhabit-

ants thereof or to public health;

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6 PUBLIC HEALTH

the inspection, certification and maintenance of
sanitary conditions in lodging houses and camps;
the licensing of barbers and the inspection and
licensing of, and maintenance of sanitary condi-
tions in, barber shops;
the inspection and maintenance of sanitary condi-
tions in bathing beaches and swimming pools;
the control of spitting and defecating of body dis-
charge in public places;
the inspection and maintenance of sanitary condi-
tions in shops, restaurants and other eating estab-
lishments, and all other premises where articles of
food or drink are manufactured, or prepared for
sale, stored, handled or sold;
the furnishing, equipment, sanitation and mainten-
ance of bakeries, bread shops, meat shops,
butchers’ shops, groceries, markets, aerated water
factories, ice factories and any other premises
where any article of food is manufactured, pre-
pared for sale, stored, handled or sold;
the regulation, sanitation, equipment, maintenance,
inspection and registration of dairies, and any
premises where any business in relation to the
production, sale, delivery, or distribution of milk
is carried on;

(rn) the inspection and testing of goats and cows from
which milk is obtained for sale and the precautions
to be taken in the milking of animals;

(n) the medical examination and certification of per-
sons engaged in the food or milk trades, in the
manufacture of aerated waters and ice, and in the
slaughter of animals or poultry for human con-
sumption;

(0) nuisances;

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PUBLIC HEALTH 7

(p) the sanitary collection and disposal of garbage and
other waste matter;

(4) prescribing fees in respect of any examination,
certificate or licence for which the Local Board are
responsible;

(r) prescribing the penalties for the contravention of
any regulation;

(s) the sanitation and inspection of sanitation facilities 3 3 / 1 w i
on artificial islands, installations and structures
within the exclusive economic zone;

s. 22.

( t ) prescribing any other matter or anything which may 3311991
be, or is required by this Act to be prescribed by s. 22.
the Local Board.

(2) Where a Local Board fail to give effect to the
directions of the Minister aforesaid, the Minister may, if he
considers it expedient so to do, make the requisite regula-
tions under section 14.

(3) Regulations made under this section may be made
applicable to the whole or any part of the parishes for which
the Local Board making them are responsible, and shall be
subject to the approval of the Minister, who may vary or
amend them.

8. The Minister may at any time call upon a Local Board =;is&
to investigate any disease of human beings present in their investimtion

arresting the spread of that disease.

reports, documents, figures, and other information with reeports.
respect to their activities and such other matters affecting
public health, as the Minister may from time to time require.
10.-( 1) No action, suit, prosecution or other proceedings Protection

shall be brought or instituted personally against any member members.
of a Local Board in respect of any act done bona fide in
pursuance or execution or intended execution of the provi-
sions of this Act.

respective parishes, and to do whatever is necessary for of disease.

9. Every Local Board shall furnish the Minister with all kzL?rd
figures, etc.

of

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8 PUBLIC HEALTH

(2) Where any member of a Local Board is exempt
from liability by reason only of the provisions of this section,
the Local Board shall be liable to the extent that they would
be if the said member was a servant or agent of that Local
Board.

Appoint- 11.-(1) A Local Board may appoint one or more com-
constitution mittees from among their number for the purpose of better
Of corn- discharging their functions and responsibilities under this

Act.
(2) The number of members of a committee

appointed under subsection (l), their functions and term of
appointment, the quorum of the committee, and the area, if
any, within which the committee is to exercise authority,
shall be determined by the Local Board.

(3) A committee appointed pursuant to subsection
(1) shall, notwithstanding anything in this section, have
power at any time to co-opt not more than three persons
to assist in its deliberations, but no person so co-opted shall
have any right to vote on any matter voted upon by the
committee.

(4) The validity of the proceedings of a committee
appointed under this section shall not be affected by any
vacancy amongst the members thereof or by defect in the
appointment of a member thereof and subject to the pro-
visions of this Act the Committee shall have power to
regulate their own proceedings.

(5 ) The provisions of section 10 shall apply to a
member of the committee who is not a member of a Local
Board in like manner as they apply to a member of a Local
Board.

ment and

mittee.

Power of 12. The Minister may, on being satisfied that any Local
when Board have made default in the performance of any of their
Local Board functions, and in particular with respect to the prevention neglects
functions.

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PUBLIC HEALTH 9

or abatement of any nuisance, the institution of any pro-
ceedings, or the enforcing of any regulation, issue directions
in writing for any act to be done, any proceedings to be
instituted or any regulation to be enforced which the Local
Board might have done, instituted or enforced for that
purpose, at the expense of that Local Board.

13.-(1) The Minister may, if he thinks it appropriate to Power of
to do so, by order published in the Gazette, divest a Local reassign
Board of all or any of its functions under this Act and vest :?!?
such function or functions in such person or persons as Board.
the Minister thinks fit for such period as shall be specified
in the order.

Minister to

(2) An order under subsection (1) may contain such
consequential, supplemental or ancillary provisions as
appears to the Minister to be necessary or expedient for the
purpose of giving effect to the order.

14.41) The Minister may make regulations generally for Minister
carrying out the provisions and purposes of this Act, and in g;,rke
particular, subject to section 7, but without prejudice to the tions.
generality of the foregoing, may make regulations in relation
to-

(a) notifiable and communicable disease, the treatment
and prevention thereof and the isolation of patients
suffering therefrom;

(6) the prevention, mitigation and suppression of
disease, including the disinfection, closing, or des-
truction of buildings in which infected persons
have lodged or resided, and the restriction of move-
ment of persons into and out of infected areas;

(c) vaccinations and inoculations;
(d) air and soil pollution; 36 Oi 1995 3rd SCSL
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10 PUBLIC HEALTH

the collection and publication of epidemiological
and other data pertaining to public health;
occupational diseases and employment health
hazards;
the importation, preparation, and distribution of
food or drink intended for human consumption, in
so far as it concerns public health;
the inspection and prevention from contamination
of food and drink intended for human consump-
tion, the analysing and testing of samples of such
food and drink by an official analyst, the issuing of
certificates in relation thereto, and the condemna-
tion, seizure and disposal of such articles as are
unfit for human consumption;
the control and destruction of rodents, mosquitoes
and other insects, termites, and other vermin;
prescribing any fees in respect of any examination,
certificate, licence or other matter under this Act;
prescribing any forms for the purposes of this Act;
prescribing any other matter or anything which
may be, or is required by this Act to be prescribed
by the Minister.

(2) Regulations made under subsection (1) may be
made applicable to the entire Island or to such part thereof
as may be specified therein.

Penaltiesin
regu'ations.

15. Notwithstanding the provisions of section 29 of the
Interpretation Act, regulations made under this Act may
prescribe greater penalties than those specified in the said
section 29, so, however, that the maximum penalty that may
be imposed shall be a fine of fifty thousand dollars or
imprisonment with hard labour for twelve months.

22/1996
s. 2.

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11 PUBLlC HEALTH

1 6 4 1 ) Where the Central Health Committee or Local Minister
may give
directions in
certain cir-

(a) existence of any local condition in any part of the cumstances.
Board report to the Minister-

Island tending to endanger public health, and there
are no powers under any law other than this section
whereby such condition may be removed or
guarded against; or

(6) that any part of the Island appears to be threatened
with or affected by any communicable disease in
epidemic proportions, and that measures apart
from, or in addition to, those specifically provided
for in this Act, should be taken promptly,

the Minister may by order direct the enforcement of any
measures recommended by the Central Health Committee
or by a Local Board, as the case may be, or any other
measures that he thinks expedient for removing or otherwise
guarding against any such condition and the probable con-
sequences thereof, or for preventing or mitigating as far as
possible, any such disease.

(2) Any order made under this section may extend to
the whole Island or to such part thereof or to such particular
places as may be specifiecd therein.

(3) A copy of every order made under this section
shall be posted in a conspicuous place at every police station
and post office in the Island.

(4) Any person who contravenes the provisions of
any order made under this section shall be guilty of an
offence under this Act.

17. An order or regulation made in refation to any com- Publication
of regula-
tions. municable disease shall not have effect until it is-

(a) gazette& or
(6) published in such other manner as the Minister

may in any particular case determine,
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12 PUBLIC HEALTH

so, however, that where the order or regulation is published
pursuant to paragraph (b) and comes into force, a notifica-
tion in accordance with section 60 of the Interpretation Act
shall be made in the Gazette as soon as possible.

Minister lS.-(l) Where there is prevalent in the Island, or in any
bit assembly part thereof any communicable disease in epidemic propor- may prohi-
of persons.

221 19%
s. 3.

221 1996
s. 3.

Minister
may order
closure
of public
places or
schools.

tions, the Minister may, by order published in the Gazette,
prohibit the assembly of persons exceeding such number as
may be prescribed in that order at any place specified there-
in, and such prohibition may be made applicable to the
whole Island or to any part thereof.

(2) Every person who is present at, or promotes,
aids, or assists in the promotion of any assembly prohibited
under subsection (1) shall be liable on summary conviction
before a Resident Magistrate to a penalty of two thousand
five hundred dollars and in default of payment, to imprison-
ment for a term not exceeding three months.

(3) Any constable may require any assembly
prohibited under subsection (1) to disperse, and any person
who fails to obey such requirement shall be liable on sum-
mary conviction before a Resident Magistrate to a penalty
of two thousand five hundred dollars and in defaul't of
payment, to imprisonment for a term not exceeding three
months.

19.-(1) Where there is prevalent in the Island or in any
part thereof, any communicable disease in epidemic propor-
tions, and the Minister is satisfied that it is in the interest
of public health to do so, he may by order published in the
Gazette. direct that any public place or any school in the
Island, or in the area in which such disease is prevalent, shall
be closed for such period as he thinks necessary.

(2) Any person who fails to comply with any order
made under subsection (l), shall be liable on summary con-
viction before a Resident Magistrate to a fine not exceeding

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PUBLIC HEALTH 13

fifty thousand dollars and in default of payment to imprison- 2211996
ment for a term not exceeding six months.

(3) Where an offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
twelve thousand five hundred dollars for every day for which 22/1996
the offence continues after conviction, and in default of
payment, to imprisonment for a period not exceeding six
months.

S. 4(a).

S. 4( bXiHii).

20.-(1) A Medical Officer (Health) or any other person :if$,$,
authorized in writing in that behalf by the Minister or by a privap

reasonable times enter any premises for the purpose of en-
suring compliance with the provisions of this Act, or any
regulations made hereunder and shall, if required to do so
by the person in charge of the premises, produce his
authority for so entering to such person.

(2) Where a Medical Officer (Health) is satisfied that
it is necessary in the interest of public health so to do, he
may by himself or by some other person duly authorized
by him in that behalf, enter any premises with or without
the consent of the owner or occupier, and take such action
as he may consider necessary in the interest of public health.

Local Board, or by the Medical Officer (Health) may at all premises.

2L-41) All expenses incurred by a Local Board in abat- Recovery
ing a nuisance may be recovered by that Local Board from incurred
the person by whose act or sufferance the nuisance was nuisance.
caused.

(2) Any expenses recoverable pursuant to this Act or
any regulations made hereunder by a Local Board from an
owner of premises may be recovered from the occupier for
the time being of such premises, and that occupier shall be
entitled to deduct any sum paid by him in respect of such
expenses, and in respect of the costs of the recovery thereof,
out of the rent from time to time becoming due in respect of

of exwnsea

in abating a

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14 PUBLIC HEALTH

the premises, as if the same had been actually paid to the
owner as part of the rent :

Provided that-
(a) the occupier shall not be so required to pay any

further sum than the amount of rent which either
is for the time being due from him, or which after
demand from him of such expenses and notice not
to pay any rent without first deducting the same,
becomes payable by him, unless he refuses, on the
application of the Local Board truly to disclose the
amount of his rent and the name and address of
the person to whom such rent is payable; but the
burden of proof that the sum demanded from any
such occupier is greater than the aforesaid amount
of rent shall be on such occupier; and

(6) nothing in this section shall affect any contract
between any owner and occupier of any premises
whereby the occupier agrees to pay or discharge
all rates, dues and sums of money payable in
respect of such premises or shall affect any contract
whatsoever between landlord and tenant.

(3) Where the owner of the premises concerned is
absent from the Island or from the district in which the
premises are situated, or is not known or cannot be found,
the Local Board having jurisdiction over the area in which
the premises concerned are situated shall have power, in
addition to any other powers given under this Act for the
recovery of expenses incurred in carrying out any of the
purposes of this Act, to do the following-

(a) after the expiration of four months after the
nuisance has been abated to cause the premises
concerned to be sold at auction after due adver-
tisement in the Gazetre of such intended sale;

(b) to receive the proceeds of any such sale and after
deducting the expenses incurred as authorized

___-
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PUBLIC HEALTH 15

under this Act and of the deed conveying the same,
10 pay the residue thereof (if any) to the Accountant-
General there to remain without interest until
paid out pursuant to the provisions of paragraph
t 4;

(c) to withdraw from the Accountant-General such
residue and to pay the same to any person whom
the Crown Solicitor shall certify to be entitled
therzto, so, however, that any payment made pur-
suant to any such certificate shall absolve that
Local Board from any further liability for the sum
so paid, but shall not prejudice the right of any
person who shall prove his right or title thereto in
a court of competent jurisdiction to recover the
same from the person to whom payment was made
or from his legal representative; and

(d) to execute a deed transferring the said premises to
the purchaser thereof, which deed shall be under
the common seal of that Local Board affixed by the
chairman of that Board in the presence of two
members of that Board and shall absolutely vest
the said land in the purchaser.

22. Every person who- Assaulting
and abusing

withholding
(a) assaults or obstructs any Medical Officer (Health) officers. and

or any other duly authorized person acting in the information.
execution of his duty under this Act; or

(b) fails to furnish any information required from him
in accordance with the provisions of this Act, or
knowingly furnishes false information,

shall be guilty of an offence and be liable on summary
conviction before a Resident Magistrate, to a fine not
exceeding twenty-five thousand dollars or to impris0nmen.t 221 1996
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16

Penalties.

22 I 1996
s. a(@.

221 1996
s. scaxi)(ii).

Persons
entitled to
take pro-
ceedings.

Cost of
actions
against
Local
Board, etc.

Prosecutions
to be com-
menced
within six
months.

PUBLIC HEALTH

23.-(1) Any person guilty of an offence under this Act,
for which no penalty is provided elsewhere in this Act, shall
be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding twelve thousand five hundred
dollars and in default of paylmenit thereof to imprisonment
for a term not exceeding three months.

(2) Where the offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
two thousand five hundred dollars for every day for which
the offence continues after conviction, and in default of
payment, to imprisonment for a period not exceeding two
moniths.

24. Proceedings against any person for an offence against
this Act and for the recovery of any penalties under this
Act or any regulations made thereunder may be instituted
by any person authorized in that behalf by the Minister or
the Local Board, as the case may be, and such authorized
person may prosecute or conduct such proceedings.

25.-(1) In any action, suit, prosecution or other legal
proceedings brought against a Local Board, or any person,
in respect of any act done in pursuance or execution or
intended execution of the provisions of this Act, the plaintiff
shall not recover unless he alleges in his pleading and proves
at the trial, that such act was done either maliciously or
without reasonable and probable cause.

(2) Any damages or costs recovered in any such
action, suit, prosecution or legal proceedings brought against
a Local Board or any person aforesaid, and the costs of the
defendant as between solicitor and client, shall be paid out
of the Consolidated Fund.

26. All prosecutions for offences against this Act or any
regulations made thereunder shall be commenced within six
calendar months next after the commission of such offence.

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l? PUBLIC HEALTH

27. Where in any proceedings under the provisions of Reference to
this Act relating to nuisances, it becomes necessary to men- occupierin
tion or refer to the owner or occupier of any premises and zz:$:r-
his name is unknown and cannot on reasonable enquiry be
ascertained, it shall be sufficient to designate him as the
“owner” or “occupier” of such premises, without name or
further description.

owner or

28. Where two or more owners or occupiers of premises Proceedings
need not be may be jointly answerable to any demand or complaint brought

under this Act, it shall be sufficient to proceed against one
or more of them without in any manner proceeding against ~ 9 ; ~ ~
the other or others, so, however, that nothing contained
herein shall prevent the parties so proceeded against from
recovering contribution in any case in which they would
be entitled to contribution by law.

29.-(1) Any person aggrieved by any decision of, or any Appeal to
Minister.

claim or order made upon him by any Local Board, or any
other person acting in pursuance of or in execution or
intended execution of the provisions of this Act, may appeal
to the Minister within such time and in such manner as may
be prescribed.

(2) The Minister may-
(a) dismiss the appeal and confirm the decision, claim

or order concerned; or
(b) allow the appeal and set aside the decision, claim or

order concerned; or
(c) set aside the decision, claim or order concerned,

and in substitution therefor, give or make such
other decision, claim or order as he may think
proper.

(3) Any person making an appeal to the Minister
pursuant to subsection (1) shall give notice within the
prescribed period to the person from whose decision, claim

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18 PUBLIC HEALTH

Constitu-
tion of
Central
Health
Committee.

Tenure of
office of
members.

Temporary
appoint-
ments.

Chairman.

Resigna-
tion of
appointed
members.

Filling o f
vacancies.

Validity of
proceed-
ings.

Publication
of memkr-
ShiD.

Meetings.

or order he is appealing, of his intention to make such
appeal, and where notice of appeal has been so given, the
decision, claim or order in respect of which such notice
has been given shall, unless the Minister otherwise orders
pending the hearing of the appeal, await the determination
or abandonment of the appeal.

SCHEDULE (Section 3)

1. The Central Health Committee shall consist of the Chief Medical
Wcer and the Director of Veterinary Services or his nominee and
such number of other persons (hereinafter referred to as appointed
members) not being less than six nor more than nine as the Minister
may from time to time appoint.

2 . 4 1 ) The appointment of an appointed member shall, subject to
the provisions of this ScheduIe, be for a period-not exceeding three
years, and such member shall be eligible for reappomtment.

(2) The Minister may at any time revoke the appointment of
any appointed member.

3. The Minister may appoint any person to act temporarily in the
place of any appointed member in the case of the absence or inability
to act of such member.

4. The Chief Medical Officer shall be ex oficio chairman of the
Central Health Committee.

5. An appointed member may at any time resign his office by
instrument in writing addressed to the Minister and transmitted through
the chairman, and from the date of the receipt by the Minister of such
instrument that member shall cease to be an appointed member.

6. If any vacancy o c c u s in the membership of the Central Health
Committee, such vacancy shall be fdled by the appointment of another
member who shall, subject to the provisions of t h i s Schedule, hold
office for the remainder of the period for which the previous member
was appointed.
7. The validity of the proceedings of the Central Health Committee

shall not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of a member thereof.

8. The names of all members of the Central Health Committee as
first constituted and every change in the membership thereof shall be
published in the Gazette.

9.--(1) The Central Health Committee shall meet at such times as
may be necessary or expedient for the transaction of business, and such
meetings shall be held at such places and times and on such days as
the Central Health Committee shall determine.

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19 PUBLlC HEALTH

(2) The chairman may at any time call a special meeting of the
Central Health Committee and shall call a special meeting to be held
within seven days of a written request for that purpose addressed to him
by any two members.

(3) The chairman shall preside at the meetings of the Central
Health Committee, and if he is absent from any meeting the members
present and constituting a quorum shall elect one of their number to
preside at that meeting.

(4) The quorum of the Central Health Committee shall be four.
10. The decision of the Central Health Committee shall be by a Voting.

majority of votes of the members present and voting and, in addition
to an original vote, the chairman or any other person presiding at a
meeting shall have a casting vote in any case in which the voting is
equal.

11. Minutes in proper form shall be kept of the proceedings of the Minutes.
Central Health Committee.

12.-(1) Subject to the provisions OE this Schedule, the Central Health General
Committee shall have power to regulate its own proceedings, and may wwer to re-
delegate to the chairman or to any member or to any subcommittee :$$$:;
thereof, the power and authority to carry out on behalf of the Central delegate
Health Committee, such duties as that Committee may determine.

thing in this paragraph, have power at any time to co-opt persons to
assist in its deliberations, but no person so co-opted shall have any
right to vote on any matter voted upon by the Central Health Com-
mittee.

muneration whether by way of honorarium, salary or fees, and such tionof
allowances as the Minister may determine.

or instituted personally against any member of the Central Health ofmcm-
Committee in respect of any act done born w e in pursuance or execu- bers.
tion or intended execution of the provisions of this Act.

15. The office of the chairman or member shall not be a public Wceot‘
office for the purposes of Chapter V of the Constitution of Jamaica. chairman

or member
not public

and to
co-opt

(2) The Central Health Committee shall, notwithstanding any- memben.

13. There shall be paid to the chairman and members such re- Rmunem-
members.

14. No action, suit, prosecution or other proceedings shall be brought Protbction

oma.

P’ha inaimion of this page is aunhorized by L.N. 87/198q


PUBLIC HEALTH

THE PUBLIC HEALTH ACT

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Establishment of Central Health Committee.

4, Functions of Central Health Committee.

5. Establishment of Local Boards.

6. Functions of Local Board.

7. Local Board may make regulations.

8. Minister may require investigation of disease.

9. Local Board to furnish reports, figures, etc.

10, Protection of members.

11. Appointment and constitution of committee.

12. Power of Minister when Local Board neglects functions.
13. Power of Minister to re-assign functions of Local Board.
14, Minister may make regulations.

15. Penalties in regulations.

16. Minister may give directions in certain circumstances.
17. Publication of regulations.

18. Minister may prohibit assembly of persons.

19. Minister may order closure of public places or schools.
20. Right of entry upon private premises.

21. Recovery of expenses incurred in abating a nuisance.
22. Assaulting and abusing officers, and withholding information.
23. Penalties.

24. Persons entitled to take proceedings.

25. Cost of actions against Local Board, etc.

26. Prosecutions to be commenced within six months.

27. Reference to owner or occupier in certain proceedings.
28. Proceedings need not be brought against all persons jointly liable.
29. Appeal to Minister.

SCHEDULE


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PUBLIC HEALTH 3

Acts

THE PUBLIC HEALTH ACT 40 oF ate

33 of 1991

[21st February, 1985] 36 ot’ib95

3rd Sch.,
22 of 1996.

1. This Act may be cited as the Public Health Act. Short title.

2.—(1) In this Act, unless the context otherwise requires— [nterpreta-

“communicable disease” means any disease due to a
specific infectious agent or its toxic products, which
arises through transmission of that agent or its
products from an infected person or animal to a
susceptible person either directly or indirectly,
through the agency of an intermediate plant or
animal host, a vector or the inanimate environment
and includes any infectious disease and any
quarantinable disease;

“functions” includes duties and powers;

“Local Board” means the Local Board of Health in
respect of each parish established under section 5;

“Medical Officer” means any medical practitioner in
the employment of the Government or any Local
Board;

“Medical Officer (Health)” means any medical practi-
tioner appointed by the Governor-General to
be a Medical Officer (Health) and shall include the
Chief Medical Officer and any other Medical
Officer designated by the Minister to be a Medical
Officer (Health) for the purposes of this Act;

“medical practitioner” means a medical practitioner
registered in accordance with any enactment for
the time being in force in relation to the registra-
tion of medical practitioners;

“notifiable disease” means any communicable disease
declared by the Minister by order to be a noti-
fiable disease;


[The inclusion of this page is authorized by L.N. 96/1998]


Establish-
ment of
Central
Health Com-
mittee.
Schedule.

Functions of
Central

Health
Committee.

Establish-
ment of
Local
Boards.

PUBLIC HEALTH

“official analyst” means a person in the employment of
Government or a Local Board who is so designated
by the Minister for the purposes of this Act;

“owner” includes the person for the time being entitled
to receive the rent of the premises in relation to
which the word is used, whether on his own
account or as agent of or trustee for any other

person, or who would be so entitled if the premises
were let at a rent;

“premises” includes all ships and boats within the

territorial waters of the Island and all aircraft in
the Island.

(2) The provisions of this Act shall not apply to any
premises belonging to or occupied by the Jamaica Defence
Force established under the Defence Act, or to any inmate
thereof, or to any naval vessel or any aircraft used for state
purposes only, belonging to any foreign Government.

3.—(1) There shall be established for the purposes of this
Act, a body to be called the Central Health Committee.

(2) The provisions of the Schedule shall have effect
as to the constitution of the Central Health Committee and
otherwise in relation thereto.

4. It shall be the function of the Central Health
Committee to advise the Minister and the Local Board, on
such matters connected with public health as they think fit,
and on any aspect of that subject referred to them by the
Minister or the Local Board, as the case may be, for advice.

5.—(1) There shall be established for the purposes of this
Act, a Local Board of Health in respect of each parish.

(2) The Local Board in respect of the parishes of
Kingston and St. Andrew shall be the Council of the
Kingston and St. Andrew Corporation as constituted under

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PUBLIC HEALTH 5

the Kingston and St. Andrew Corporation Act, and in
respect of any other parish, the Parish Council of that parish,
as constituted under the Parish Councils Act.

6. Subject to the provisions of this Act, the Local Boards Functions of

shall have the power, for the purpose of the performance of §°<*\,

their functions under this Act—

(a) to divide their respective parishes into sanitary
districts and from time to time alter such districts
in number or extent as may be convenient;

(b) to carry on all activities which appear to them to
be requisite, advantageous or convenient in the
interest of public health;

(c) to enforce all regulations and orders made under
this Act; and

(d) to do anything and enter into any transaction
which, in the opinion of the Local Board, is
necessary to ensure the proper discharge of their
functions.

7.—(1) A Local Board may from time to time, and shall Local Board
if directed by the Minister to do so, make regulations relating ay noes.
to—

(a) the overcrowding of buildings and measures to
remedy same;

(b) the provision, use and maintenance of public
sanitary conveniences;

(c) the cleaning, disinfection and maintenance of
premises, including markets, slaughter houses,
dairies, places connected with the food trade, and
any public place;

(d)_ barracks;

(e) the closure of buildings dangerous to the inhabit-
ants thereof or to public health;

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PUBLIC HEALTH

(f) the inspection, certification and maintenance of
sanitary conditions in lodging houses and camps;

(g) the licensing of barbers and the inspection and
licensing of, and maintenance of sanitary condi-
tions in, barber shops;

(h) the inspection and maintenance of sanitary condi-
tions in bathing beaches and swimming pools;

(i) the control of spitting and defecating of body dis-
charge in public places;

(j) the inspection and maintenance of sanitary condi-
tions in shops, restaurants and other eating estab-
lishments, and all other premises where articles of
food or drink are manufactured, or prepared for
sale, stored, handled or sold;

(k) the furnishing, equipment, sanitation and mainten-
ance of bakeries, bread shops, meat shops,
butchers’ shops, groceries, markets, aerated water
factories, ice factories and any other premises
where any article of food is manufactured, pre-
pared for sale, stored, handled or sold;

() the regulation, sanitation, equipment, maintenance,
inspection and registration of dairies, and any
premises where any business in relation to the
production, sale, delivery, or distribution of milk
is carried on;

(m) the inspection and testing of goats and cows from

which milk is obtained for sale and the precautions
to be taken in the milking of animals;

(n) the medical examination and certification of per-
sons engaged in the food or milk trades, in the
manufacture of aerated waters and ice, and in the
slaughter of animals or poultry for human con-
sumption;

(o)} nuisances;


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PUBLIC HEALTH

(p) the sanitary collection and disposal of garbage and
other waste matter;

(q) prescribing fees in respect of any examination,
certificate or licence for which the Local Board are
responsible;

(r) prescribing the penalties for the contravention of
any regulation;

(s) the sanitation and inspection of sanitation facilities
on artificial islands, installations and structures
within the exclusive economic zone;

() prescribing any other matter or anything which may
be, or is required by this Act to be prescribed by
the Local Board.

(2) Where a Local Board fail to give effect to the
directions of the Minister aforesaid, the Minister may, if he
considers it expedient so to do, make the requisite regula-
tions under section 14.

(3) Regulations made under this section may be made
applicable to the whole or any part of the parishes for which
the Local Board making them are responsible, and shall be
subject to the approval of the Minister, who may vary or
amend them.

8. The Minister may at any time call upon a Local Board
to investigate any disease of human beings present in their
respective parishes, and to do whatever is necessary for
arresting the spread of that disease.

9. Every Local Board shall furnish the Minister with all
reports, documents, figures, and other information with
respect to their activities and such other matters affecting
public health, as the Minister may from time to time require.

10.—(1) No action, suit, prosecution or other proceedings
shall be brought or instituted personally against any member
of a Local Board in respect of any act done bona fide in
pursuance or execution or intended execution of the provi-
sions of this Act.

[The inclusion of this page is authorized by L.N. 90/1993]

33/1991
S. 22.

33/1991
S. 22.

Minister
may require
Investigauon
of disease.

Local Board
to furnish
reports,

figures, etc.

Protection
of
members.


8 PUBLIC HEALTH

(2) Where any member of a Local Board is exempt
from liability by reason only of the provisions of this section,
the Local Board shall be liable to the extent that they would
be if the said member was a servant or agent of that Local

Board.
Appoint- 11.—(i) A Local Board may appoint one or more com-
mentand mittees from among their number for the purpose of better
or com discharging their functions and responsibilities under this
Act.

(2) The number of members of a committee
appointed under subsection (1), their functions and term of
appointment, the quorum of the committee, and the area, if
any, within which the committee is to exercise authority,
shall be determined by the Local Board.

(3) A committee appointed pursuant to subsection
(1) shall, notwithstanding anything in this section, have
power at any time to co-opt not more than three persons
to assist in its deliberations, but no person so co-opted shall
have any right to vote on any matter voted upon by the
committee.

(4) The validity of the proceedings of a committee
appointed under this section shall not be affected by any
vacancy amongst the members thereof or by defect in the
appointment of a member thereof and subject to the pro-
visions of this Act the Committee shall have power to
regulate their own proceedings.

(5) The provisions of section 10 shall apply to a
member of the committee who is not a member of a Local
Board in like manner as they apply to a member of a Local
Board.

Power of 12. The Minister may, on being satisfied that any Local

Minister Board have made default in the performance of any of their

Local Board functions, and in particular with respect to the prevention

functions.
[The inclusion of this page is authorized by L.N. 90/1993]


PUBLIC HEALTH

or abatement of any nuisance, the institution of any pro-
ceedings, or the enforcing of any regulation, issue directions
in writing for any act to be done, any proceedings to be
instituted or any regulation to be enforced which the Local
Board might have done, instituted or enforced for that
purpose, at the expense of that Local Board.

13.—(1) The Minister may, if he thinks it appropriate to
to do so, by order published in the Gazette, divest a Local
Board of all or any of its functions under this Act and vest
such function or functions in such person or persons as
the Minister thinks fit for such period as shall be specified
in the order.

(2) An order under subsection (1) may contain such
consequential, supplemental or ancillary provisions as
appears to the Minister to be necessary or expedient for the
purpose of giving effect to the order.

14.—(1) The Minister may make regulations generally for
carrying out the provisions and purposes of this Act, and in
particular, subject to section 7, but without prejudice to the
generality of the foregoing, may make regulations in relation
to-—

(a) notifiable and communicable disease, the treatment
and prevention thereof and the isolation of patients
suffering therefrom;

(6) the prevention, mitigation and suppression of
disease, including the disinfection, closing, or des-
truction of buildings in which infected persons
have lodged or resided, and the restriction of move-
ment of persons into and out of infected areas;

(c) vaccinations and inoculations;

(d) air and soil pollution;


(The inclusion of this page is authorized by L.N. 96/1998]

Power of
Minister to
Te-assign
functions
of Local
Board.

Minister
may make

regula-
tions.

36 of 1995
3rd. Sch.


10

Penalties in
regulations.

22/1996
S. 2.

(e)

(f)

(g)

(A)

7)

(7)

(k)
(/)

PUBLIC HEALTH

the collection and publication of epidemiological
and other data pertaining to public health;

occupational diseases and employment health
’ hazards;

the importation, preparation, and distribution of
food or drink intended for human consumption, in
so far as it concerns public health;

the inspection and prevention from contamination
of food and drink intended for human consump-
tion, the analysing and testing of samples of such
food and drink by an official analyst, the issuing of
certificates in relation thereto, and the condemna-
tion, seizure and disposal of such articles as are
unfit for human consumption;

the control and destruction of rodents, mosquitoes
and other insects, termites, and other vermin;

prescribing any fees in respect of any examination,
certificate, licence or other matter under this Act;

prescribing any forms for the purposes of this Act;

prescribing any other matter or anything which
may be, or is required by this Act to be prescribed
by the Minister.

(2) Regulations made under subsection (1) may be

made applicable to the entire Island or to such part thereof
as may be specified therein.

15. Notwithstanding the provisions of section 29 of the
Interpretation Act, regulations made under this Act may
prescribe greater penalties than those specified in the said
section 29, so, however, that the maximum penalty that may
be imposed shall be a fine of fifty thousand dollars or
imprisonment with hard labour for twelve months.


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PUBLIC HEALTH

16.—(1) Where the Central Health Committee or Local
Board report to the Minister—

(a) existence of any local condition in any part of the
Island tending to endanger public health, and there
are no powers under any law other than this section
whereby such condition may be removed or
guarded against; or

(6) that any part of the Island appears to be threatened
with or affected by any communicable disease in
epidemic proportions, and that measures apart
from, or in addition to, those specifically provided
for in this Act, should be taken promptly,

the Minister may by order direct the enforcement of any
measures recommended by the Central Health Committee
or by a Local Board, as the case may be, or any other
measures that he thinks expedient for removing or otherwise
guarding against any such condition and the probable con-
sequences thereof, or for preventing or mitigating as far as
possible, any such disease.

(2) Any order made under this section may extend to
the whole Island or to such part thereof or to such particular
places as may be specified therein.

(3) A copy of every order made under this section
shall be posted in a conspicuous place at every police station
and post office in the Island.

(4) Any person who contravenes the provisions of
any order made under this section shall be guilty of an
offence under this Act.

17. An order or regulation made in relation to any com-
municable disease shall not have effect until it is—
(a) gazetted; or
(6) published in such other manner as the Minister
may in any particular case determine,


[The inclusion of this page is authorized by L.N. 96/1998]

1!

Minister
may give
directions in
certain cir-
cumstances.

Publication
of regula-
tions.


12

Minister
may prohi-
bit assembly
of persons.

22/1996
S. 3.

22/1996
S. 3.

Minister
may order
closure

of public
places or
schools.

PUBLIC HEALTH

so, however, that where the order or regulation is published
pursuant to paragraph (5) and comes into force, a notifica-
tion in accordance with section 60 of the Interpretation Act
shall be made in the Gazette as soon as possible.

18.—(1) Where there is prevalent in the Island, or in any
part thereof any communicable disease in epidemic propor-
tions, the Minister may, by order published in the Gazette,
prohibit the assembly of persons exceeding such number as
may be prescribed in that order at any place specified there-
in, and such prohibition may be made applicable to the
whole Island or to any part thereof.

(2) Every person who is present at, or promotes,
aids, or assists in the promotion of any assembly prohibited
under subsection (1) shall be liable on summary conviction
before a Resident Magistrate to a penalty of two thousand
five hundred dollars and in default of payment, to imprison-
ment for a term not exceeding three months.

(3) Any constable may require any assembly
prohibited under subsection (1) to disperse, and any person
who fails to obey such requirement shall be liable on sum-
mary conviction before a Resident Magistrate to a penalty
of two thousand five hundred dollars and in default of
payment, to imprisonment for a term not exceeding three

months.

19.—(1) Where there is prevalent in the Island or in any
part thereof, any communicable disease in epidemic propor-
tions, and the Minister is satisfied that it is in the interest
of public health to do so, he may by order published in the
Gazette, direct that any public place or any school in the
Island, or in the area in which such disease is prevalent, shall
be closed for such period as he thinks necessary.

(2) Any person who fails to comply with any order
made under subsection (1), shall be liable on summary con-
viction before a Resident Magistrate to a fine not exceeding

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PUBLIC HEALTH 13

fifty thousand dollars and in default of payment to imprison- 2) 1996
ment for a term not exceeding six months. MQ).

(3) Where an offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
twelve thousand five hundred dollars for every day for which 22/1996 _
the offence continues after conviction, and in default of S- AX.
payment, to imprisonment for a period not exceeding six
months.

20.—(1) A Medical Officer (Health) or any other person at hee
authorized in writing in that behalf by the Minister or by a private
Local Board, or by the Medical Officer (Health) may at all
reasonable times enter any premises for the purpose of en-
suring compliance with the provisions of this Act, or any
regulations made hereunder and shall, if required to do so
by the person in charge of the premises, produce his

authority for so entering to such person.

(2) Where a Medical Officer (Health) is satisfied that
it is necessary in the interest of public health so to do, he
may by himself or by some other person duly authorized
by him in that behalf, enter any premises with or without
the consent of the owner or occupier, and take such action
as he may consider necessary in the interest of public health.

21.—(1) All expenses incurred by a Local Board in abat- Recovery
of expenses

ing a nuisance may be recovered by that Local Board from incurred
the person by whose act or sufferance the nuisance was i=abatinga

caused.

(2) Any expenses recoverable pursuant to this Act or
any regulations made hereunder by a Local Board from an
owner of premises may be recovered from the occupier for
the time being of such premises, and that occupier shall be
entitled to deduct any sum paid by him in respect of such
expenses, and in respect of the costs of the recovery thereof,
out of the rent from time to time becoming due in respect of

[The inclusion of this page is authorized by L.N. 96/1998]


14

PUBLIC HEALTH

the premises, as if the same had been actually paid to the
owner as part of the rent:
Provided that—

(a) the occupier shall not be so required to pay any
further sum than the amount of rent which either
is for the time being due from him, or which after
demand from him of such expenses and notice not
to pay any rent without first deducting the same,
becomes payable by him, unless he refuses, on the
application of the Local Board truly to disclose the
amount of his rent and the name and address of
the person to whom such rent is payable; but the
burden of proof that the sum demanded from any
such occupier is greater than the aforesaid amount
of rent shall be on such occupier; and

(6) nothing in this section shall affect any contract
between any owner and occupier of any premises
whereby the occupier agrees to pay or discharge
all rates, dues and sums of money payable in
respect of such premises or shall affect any contract
whatsoever between landlord and tenant.

(3) Where the owner of the premises concerned is
absent from the Island or from the district in which the
premises are situated, or is not known or cannot be found,
the Local Board having jurisdiction over the area in which
the premises concerned are situated shall have power, in
addition to any other powers given under this Act for the
recovery of expenses incurred in carrying out any of the
purposes of this Act, to do the following—

(a) after the expiration of four months after the
nuisance has been abated to cause the premises
concerned to be sold at auction after due adver-
tisement in the Gazetre of such intended sale;

(b) to receive the proceeds of any such sale and after
deducting the expenses incurred as authorized


[The inclusion of this page is authorized by L.N. 96/1998}


PUBLIC HEALTH

under this Act and of the deed conveying the same,
to pay the residue thereof (if any) to the Accountant-
General there to remain without interest until
paid out pursuant to the provisions of paragraph

(c);

(c) to withdraw from the Accountant-General such
residue and to pay the same to any person whom
the Crown Solicitor shall certify to be entitled
thereto, so, however, that any payment made pur-
suant to any such certificate shall absolve that
Local Board from any further liability for the sum
so paid, but shall not prejudice the right of any
person who shall prove his right or title thereto in
a court of competent jurisdiction to recover the
same from the person to whom payment was made
or from his legal representative; and

(d) to execute a deed transferring the said premises to
the purchaser thereof, which deed shall be under
the common seal of that Local Board affixed by the
chairman of that Board in the presence of two
members of that Board and shall absolutely vest
the said land in the purchaser.

22. Every person who—

(a) assaults or obstructs any Medical Officer (Health)
or any other duly authorized person acting in the
execution of his duty under this Act; or

(6) fails to furnish any information required from him
in accordance with the provisions of this Act, or
knowingly furnishes false information,

shall be guilty of an offence and be liable on summary
conviction before a Resident Magistrate, to a fine not

15

Assaulting

and abusing
officers, and
withholding
information.

exceeding twenty-five thousand dollars or to imprisonment 22/1996

for a term not exceeding twelve months.


[The inclusion of this page is authorized by L.N. 96/1998)

S. 5.


16

Penalties.

22/1996
S. Ga).

22/1996
S. 6(o\iMii).

Persons
entitled to
take pro-

ceedings.

Cost of
actions
against
Local
Board, ete.

Prosecutions
to be com-
menced
within six
months.

PUBLIC HEALTH

23.—(1) Any person guilty of an offence under this Act,
for which no penalty is provided elsewhere in this Act, shall
be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding twelve thousand five hundred
dollars and in default of payment thereof to imprisonment
for a term not exceeding three months.

(2) Where the offence is a continuing offence, the
offender shall be liable to a further penalty not exceeding
two thousand five hundred dollars for every day for which
the offence continues after conviction, and in default of

payment, to imprisonment for a period not exceeding two
months.

24. Proceedings against any person for an offence against
this Act and for the recovery of any penalties under this
Act or any regulations made thereunder may be instituted
by any person authorized in that behalf by the Minister or
the Local Board, as the case may be, and such authorized
person may prosecute or conduct such proceedings.

25.—(1) In any action, suit, prosecution or other legal
proceedings brought against a Local Board, or any person,
in respect of any act done in pursuance or execution or
intended execution of the provisions of this Act, the plaintiff
shall not recover unless he alleges in his pleading and proves
at the trial, that such act was done either maliciously or
without reasonable and probable cause.

(2) Any damages or costs recovered in any such
action, suit, prosecution or legal proceedings brought against
a Local Board or any person aforesaid, and the costs of the
defendant as between solicitor and client, shall be paid out
of the Consolidated Fund.

26. All prosecutions for offences against this Act or any
regulations made thereunder shall be commenced within six
calendar months next after the commission of such offence.

[The inclusion of this page is authorized by L.N. 96/1998]


PUBLIC HEALTH

27. Where in any proceedings under the provisions of
this Act relating to nuisances, it becomes necessary to men-
tion or refer to the owner or occupier of any premises and
his name is unknown and cannot on reasonable enquiry be
ascertained, it shall be sufficient to designate him as the
“owner” or “occupier” of such premises, without name or
further description.

28. Where two or more owners or occupiers of premises
may be jointly answerable to any demand or complaint
under this Act, it shall be sufficient to proceed against one
or more of them without in any manner proceeding against
the other or others, so, however, that nothing contained
herein shall prevent the parties so proceeded against from
recovering contribution in any case in which they would
be entitled to contribution by law.

29.—(1) Any person aggrieved by any decision of, or any
claim or order made upon him by any Local Board, or any
other person acting in pursuance of or in execution or
intended execution of the provisions of this Act, may appeal
to the Minister within such time and in such manner as may
be prescribed.

(2) The Minister may—

(a) dismiss the appeal and confirm the decision, claim
or order concerned; or

(b) allow the appeal and set aside the decision, claim or
order concerned; or

(c) set aside the decision, claim or order concerned,
and in substitution therefor, give or make such
other decision, claim or order as he may think
proper.

(3) Any person making an appeal to the Minister
pursuant to subsection (1) shall give notice within the
prescribed period to the person from whose decision, claim


{The inclusion of this page is authorized by L.N. 87/1986]

17

Reference to
owner or
occupier in
certain pro-
ceedings.

Proceedings
need not be
brought
against all
persons
jointly
liable.

Appeal to
Minister.


18

Constitu-
tion of
Central
Health
Committee.

Tenure of
office of
Members.

Temporary
appoint-
ments.

Chairman.

Resigna-
tion of
appointed
members.

Filling of
vacancies.

Validity of
proceed-
ings.

Publication
of member-
ship.

Meetings.

PUBLIC HEALTH

or order he is appealing, of his intention to make such
appeal, and where notice of appeal has been so given, the
decision, claim or order in respect of which such notice
has been given shall, unless the Minister otherwise orders
pending the hearing of the appeal, await the determination
or abandonment of the appeal.

SCHEDULE (Section 3)

1. The Central Health Committee shall consist of the Chief Medical
Officer and the Director of Veterinary Services or his nominee and
such number of other persons (hereinafter referred to as appointed
members) not being less than six nor more than nine as the Minister
may from time to time appoint.

2.—(1) The appointment of an appointed member shall, subject to
the provisions of this Schedule, be for a period not exceeding three
years, and such member shall be eligible for reappointment.

(2) The Minister may at any time revoke the appointment of
any appointed member.

3. The Minister may appoint any person to act temporarily in the
place of any appointed member in the case of the absence or inability
to act of such member.

4. The Chief Medical Officer shall be ex officio chairman of the
Central Health Committee.

5. An appointed member may at any time resign his office by
instrument in writing addressed to the Minister and transmitted through
the chairman, and from the date of the receipt by the Minister of such
instrument that member shall cease to be an appointed member.

6. If any vacancy occurs in the membership of the Central Health
Committee, such vacancy shall be filled by the appointment of another
member who shall, subject to the provisions of this Schedule, hold
office for the remainder of the period for which the previous member
was appointed.

7. The validity of the proceedings of the Central Health Committee
shall not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of a member thereof.

8. The names of all members of the Central Health Committee as
first constituted and every change in the membership thereof shal! be
published in the Gazette.

9.—(1) The Central Health Committee shall meet at such times as
may be necessary or expedient for the transaction of business, and such
meetings shall be held at such places and times and on such days as
the Central Health Committee shall determine.


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PUBLIC HEALTH

(2) The chairman may at any time call a special meeting of the
Central Health Committee and shall call a special meeting to be held
within seven days of a written request for that purpose addressed to him
by any two members.

(3) The chairman shall preside at the meetings of the Central
Health Committee, and if he is absent from any meeting the members

present and constituting a quorum shall elect one of their number to
preside at that meeting.

(4) The quorum of the Central Health Committee shall be four.

10. The decision of the Central Health Committee shall be by a
majority of votes of the members present and voting and, in addition
to an original vote, the chairman or any other person presiding at a
meeting shall have a casting vote in any case in which the voting is
equal.

11. Minutes in proper form shall be kept of the proceedings of the
Central Health Committee.

12.—(1) Subject to the provisions of this Schedule, the Central Health
Committee shall have power to regulate its own proceedings, and may
delegate to the chairman or to any member or to any sub-committee
thereof, the power and authority to carry out on behalf of the Central
Health Committee, such duties as that Committee may determine.

(2) The Central Health Committee shall, notwithstanding any-
thing in this paragraph, have power at any time to co-opt persons to
assist in its deliberations, but no person so co-opted shall have any
right to vote on any matter voted upon by the Central Health Com-
mittee.

13. There shall be paid to the chairman and members such re-
muneration whether by way of honorarium, salary or fees, and such
allowances as the Minister may determine.

14. No action, suit, prosecution or other proceedings shall be brought
or instituted personally against any member of the Central Health
Committee in respect of any act done bona fide in pursuance or execu-
tion or intended execution of the provisions of this Act.

15. The office of the chairman or member shall not be a public
office for the purposes of Chapter V of the Constitution of Jamaica.


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19

Voting.

Minutes.

General
power to re-
gulate pro-
ceedings to
delegate
and to
co-opt
members.

Remunera-
tion of
members.

Protection
of mem-
bers.

Office of
chairman
or membet
not public
Office.