Older Persons Act, 2006 (Act No. 13 of 2006)Chapter 6 : General and Supplementary Provisions34. Regulations |
| (1) | The Minister may make regulations regarding— |
| (a) | any matter which may or must be prescribed in terms of this Act; |
| (b) | the form of any application, authority, certificate, consent, notice, order, register, process or subpoena which is to or may be made, granted, given, issued or kept in terms of this Act, and any other form required in administering this Act; |
| (c) | the procedure to be followed and the conditions which may be imposed in connection with the registration of residential facilities, and the minimum standards with which such residential facilities are to comply; |
| (d) | the books, accounts and registers which are to be kept by the managers of residential facilities, the manner in which such books, accounts and registers are to be kept and dealt with, and the returns and reports to be furnished in connection with such facilities; |
| (e) | the records to be kept by any person who cares for or accommodates for remuneration, whether by way of money or goods, any older or frail person in any place other than a residential facility; |
| (f) | measures to— |
| (i) | prevent, combat and deal with the abuse of older persons; |
| (ii) | be taken to advance persons disadvantaged by unfair discrimination; |
| (iii) | promote the rights of residents of residential facilities; |
| (iv) | promote the rights of older persons that are not in residential facilities; |
| (g) | the form and content of service level agreements between the residents and the residents’ committee of a residential facility; |
| (h) | the minimum norms and standards for admission of persons to residential facilities; |
| (i) | service standards; |
| (j) | the levels of community-based care and support services; |
| (k) | the keeping of registers in terms of section 31; and |
| (l) | generally, any other ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation of this Act. |
| (2) | The regulations may provide that any person who contravenes or fails to comply with a regulation is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year or to both a fine and such imprisonment. |
| (3) | Any regulation made in terms of subsection (1) which affects the South African Police Service must be made after consultation with the Minister for Safety and Security. |
| (4) | Any regulation made in terms of subsection (1) which deals with the size or value of services and subsidies and with the criteria for eligibility of services must be made with the concurrence of the Minister of Finance. |
| (5) | Before the Minister makes any regulation under this section, he or she must publish a draft of the proposed regulation in the Gazette together with a notice calling on interested persons to comment, in writing, within a period stated in the notice of not less than 30 days from the date of publication of the notice |
| (6) | The Minister must submit to Parliament the draft regulations contemplated in subsection (5) and comments received in terms of that subsection before final publication. |
| (7) | The Minister may, if circumstances necessitate the immediate publication of a regulation, publish that regulation without consultation as contemplated in subsection (5). |