Health Professions Act, 1974 (Act No. 56 of 1974)Chapter I : Establishment, Objects, Functions and Powers of the Health Professions Council of South Africa and of Professional Boards10. Executive committee |
| (1) |
| (a) | The council may establish such committees as it may deem necessary, each consisting of so many persons, appointed by the council, as the council may determine but including, except in the case of an appeal committee referred to in subsection (2), at least one member of the council, who shall be the chairperson of such committee. |
[Subsection (1)(a) substituted by section 9(a) of Act No. 29 of 2007]
| (b) | The council may, subject to the provisions of subsection (3), delegate to any committee so established or to any person some of its powers as it may from time to time determine, but shall not be divested of any power so delegated. |
| (2) | The council shall establish ad hoc appeal committees, each consisting of, as chairperson, a person with knowledge of the law with at least 10 years' relevant experience, not more than two registered persons drawn from the profession of the registered person in respect of whose conduct a professional conduct committee of a professional board had held an inquiry, and a member of the council appointed to represent the community. |
[Subsection (2) substituted by section 9(b) of Act No. 29 of 2007]
| (3) | An appeal committee referred to in subsection (2) shall have the power to vary, confirm or set aside a finding of a professional conduct committee established in terms of section 15(5)(f) or to refer the matter back to the professional conduct committee with such instructions as it may deem fit. |
[Subsection (3) substituted by section 9(c) of Act No. 29 of 2007]
| (4) | A decision of a professional conduct committee shall be of force and effect from the date determined by the professional conduct committee. |
[Subsection (4) substituted by section 9(d) of Act No. 29 of 2007]
| (5) | Where a matter has been considered by an appeal committee, the decision of the appeal committee shall be of force and effect from the date determined by that appeal committee. |
| (6) | The council may, after consultation with one or more professional boards, establish a joint standing committee of the council and the board or boards. |
[Section 10 substituted by section 8 of Act No. 9 of 1997]