National Health Act, 2003 (Act No. 61 of 2003)RegulationsProcedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OmbudChapter 6 : Compliance Notice, Enforcement and Appeal27. Revocation of certification and recommendation to Minister |
| (1) | If a health establishment fails to comply with the compliance notice referred to in regulation 21(1)(b), the Office may, after complying with regulation 26(1), revoke the certificate of compliance of a health establishment and recommend to the Minister a temporary or permanent closure of the health establishment or a part thereof that constitutes a serious risk to public health or the health of users, in terms of section 82A(4)(d) of the Act. |
| (2) | A recommendation to the Minister in terms of sub-regulation (1) must be in writing and include, at least, the following information: |
| (a) | the details of non-compliance; |
| (b) | the nature and extent of the risk posed to public health or to users; |
| (c) | the period of non-compliance; |
| (d) | the consequences of continued non-compliance; |
| (e) | an indication of the part or parts of the heath establishment to be closed, and |
| (f) | any other relevant information. |
| (3) | Before exercising his or her powers in terms of sub-regulation (1), the Minister must comply with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). |