BOARD OF DIRECTORS FOR MENTAL HEALTH SERVICES REGULATIONS

BOARD OF DIRECTORS

FOR MENTAL HEALTH SERVICES

SUBSIDIARY LEGISLATION 528.07

BOARD OF DIRECTORS FOR MENTAL

HEALTH SERVICES REGULATIONS

3rd May, 2021 *

LEGAL NOTICE 343 of 2015.

The title of these regulations is the Board of Directors for

Mental Health Services Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Health Act;

"Board" means the Board of Directors for Mental Health

Services established by regulation 3;

"chief executive officer" means the person responsible for the

management of a licensed facility as established by article 2 of the

Mental Health Act;

"clinical director" means the specialist responsible for the

clinical care provided by a licensed facility as established by article

2 of the Mental Health Act;

"Commissioner" means the Commissioner for the Promotion of

Rights of Persons with Mental Disorders established by article 5 of

the Mental Health Act;

"Minister" means the Minister responsible for Health.

(1) There shall be established a board, to be known as the

Board of Directors for Mental Health Services, which shall consist

of a Chairman and such number of other members not being less

than six who shall be appointed by the Minister.

(2) The Chairman and the members of the Board of Directors

appointed by the Minister shall include

(a) a member from the medical profession;

(b) a member from the nursing profession;

(c) a member from the professions within the Allied

Health Care Services Directorate;

(d) a member from the financial profession;

(e) a member from the public;

(f)

a member representing the Minister;

(g) ex officio the Clinical Director of Mount Carmel

Hospital as a non-voting member;

(h) ex officio the Chief Executive Officer of Mount

Carmel Hospital as a non-voting member.

(3) Subject to the provisions of this regulation, the office of a

member of the Board shall become vacant -

*See Legal Notice 202 of 2021.

BOARD OF DIRECTORS

FOR MENTAL HEALTH SERVICES

(a) at the expiration of three years from the date of his

appointment or at such earlier time as may be specified

in the instrument by which he was appointed; or

(b) if any circumstances arise that, if he were not a

member of the Board, would cause him to be

disqualified for appointment as such.

(4) A member of the Board may be removed from office by the

Minister if, in the opinion of the Minister, such member is unfit to

continue in office or has become incapable of properly performing

his duties as a member, whether arising from infirmity of mind or

body or any other cause, or for misbehaviour.

(5) The Board will be responsible and accountable for its

performances only to the Minister.

(6) A nominal remuneration shall be due to the Chairman as

agreed in the instrument of his appointment. There shall be no

remuneration due to ordinary members.

(1) The meetings of the Board shall be called by the

Chairman as often as may be necessary but at least once a month

either on his own initiative or at the request of any two of the other

members.

(2) Half the number of members for the time being constituting

the Board, shall form a quorum. Decisions shall be adopted by a

simple majority of the votes of the members present and voting.

The Chairman, or in his absence the Deputy Chairman or other

member appointed to act as chairman, shall have an initial vote and

in the event of an equality of votes, a casting vote.

(3) Subject to the provisions of the Act and, or these

regulations, the Board may regulate its own procedure.

(4) Subject to the foregoing provisions of this regulation, no

act or proceeding of the Board shall be invalidated merely by

reason of the existence of any vacancy among the members.

(1) In general it shall be the responsibility of the Board to

advise the Minister on a high-level strategic vision for the mental

health services offered by the national health system, including at

Mount Carmel Hospital, as well as to ensure that the executive

decision-making process follows the lead established by the same

strategic vision.

(2) In particular, the functions and duties of this Board shall

include

(a) the setting of targets and measurable objectives for the

mental health services;

(b) advising the Minister upon strategies and objectives

for the mental health services;

(c) the cooperation on mental health issues within its

remit with local and international organisations;

(d) carrying out such other function or functions as the

Minister may from time to time determine and direct;

BOARD OF DIRECTORS

FOR MENTAL HEALTH SERVICES

(e) implementing any other matter required for the

fulfilment of its mission, and for the execution of

duties pertaining to the State

Provided that the clinical responsibility for mental health

services shall remain vested in the clinical director as established

by the Mental Health Act

Provided further that notwithstanding the provisions of

regulation 3, the administrative and management responsibility

shall remain vested in the chief executive officer as established by

the Mental Health Act

Provided also that, without prejudice to any other provision

contained in any other legislation and, or in the instrument of his

appointment, besides his other functions and responsibilities, it

shall also be the responsibility of the chief executive officer to

implement the decisions regarding the operation of the mental

health services taken by the Board

Provided finally that nothing in these regulations shall have

any effect on the duties and functions vested in the Commissioner.