Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

General Regulations

Chapter 9 : Authorisation and Licensing

43. Licensing of community facilities

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(1)Any service which is not a designated psychiatric hospital or care and rehabilitation centre, but which provides residential or day-care facilities for 5 people or more with mental disorders must in terms of the Act–
(a)obtain a licence from the provincial department concerned to operate; and
(b)be subjected to at least an annual audit by designated officials of the provincial department concerned.

[Regulation 43(1) substituted by regulation 24 of Notice No. 1590, GG 40515, dated 23 December 2016]

 

(2)The conditions of a licence contemplated in subregulation (1) must be clearly stipulated by the provincial department concerned and must include–
(a)the physical address of the relevant service;
(b)the number of people to be accommodated;
(c)whether such service is to be used for children, adults or geriatrics;
(d)service requirements;
(e)the duration of the licence; and
(f)that the licence is not transferable.

[Regulation 43(2) substituted by regulation 24 of Notice No. 1590, GG 40515, dated 23 December 2016]

 

(3)If a condition of a licence as contemplated in subregulation (1) or (2) is not complied with, the provincial department concerned may withdraw that licence.